US (United States) Code. Title 42. Chapter 65: Noise control

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 65 - NOISE CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

CHAPTER 65 - NOISE CONTROL

-MISC1-

Sec.

4901. Congressional findings and statement of policy.

4902. Definitions.

4903. Federal programs.

(a) Furtherance of Congressional policy.

(b) Presidential authority to exempt activities or

facilities from compliance requirements.

(c) Coordination of programs of Federal agencies;

standards and regulations; status reports.

4904. Identification of major noise sources.

(a) Development and publication of criteria.

(b) Compilation and publication of reports on noise

sources and control technology.

(c) Supplemental criteria and reports.

(d) Publication in Federal Register.

4905. Noise emission standards for products distributed in

commerce.

(a) Proposed regulations.

(b) Authority to publish regulations not otherwise

required.

(c) Contents of regulations; appropriate

consideration of other standards;

participation by interested persons; revision.

(d) Warranty by manufacturer of conformity of

product with regulations; transfer of cost

obligation from manufacturer to dealer

prohibited.

(e) State and local regulations.

(f) Publication of notice of receipt of revision

petitions and proposed revised regulations.

4906. Omitted.

4907. Labeling.

(a) Regulations.

(b) Manner of notice; form; methods and units of

measurement.

(c) State regulation of product labeling.

4908. Imports.

4909. Prohibited acts.

4910. Enforcement.

(a) Criminal penalties.

(b) Separate violations.

(c) Actions to restrain violations.

(d) Orders issued to protect public health and

welfare; notice; opportunity for hearing.

(e) "Person" defined.

4911. Citizen suits.

(a) Authority to commence suits.

(b) Notice.

(c) Intervention.

(d) Litigation costs.

(e) Other common law or statutory rights of action.

(f) "Noise control requirement" defined.

4912. Records, reports, and information.

(a) Duties of manufacturers of products.

(b) Confidential information; disclosure.

(c) Violations and penalties.

4913. Quiet communities, research, and public information.

4914. Development of low-noise-emission products.

(a) Definitions.

(b) Certification of products; Low-Noise-Emission

Product Advisory Committee.

(c) Federal procurement of low-noise-emission

products.

(d) Product selection.

(e) Waiver of statutory price limitations.

(f) Tests of noise emissions from products

purchased by Federal Government.

(g) Authorization of appropriations.

(h) Promulgation of procedures.

4915. Judicial review.

(a) Petition for review.

(b) Additional evidence.

(c) Stay of agency action.

(d) Subpenas.

4916. Railroad noise emission standards.

(a) Regulations; standards; consultation with

Secretary of Transportation.

(b) Regulations to insure compliance with noise

emission standards.

(c) State and local standards and controls.

(d) "Carrier" and "railroad" defined.

4917. Motor carrier noise emission standards.

(a) Regulations; standards; consultation with

Secretary of Transportation.

(b) Regulations to insure compliance with noise

emission standards.

(c) State and local standards and controls.

(d) "Motor carrier" defined.

4918. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 4365 of this title; title

15 section 2706; title 16 section 228g.

-End-

-CITE-

42 USC Sec. 4901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4901. Congressional findings and statement of policy

-STATUTE-

(a) The Congress finds -

(1) that inadequately controlled noise presents a growing

danger to the health and welfare of the Nation's population,

particularly in urban areas;

(2) that the major sources of noise include transportation

vehicles and equipment, machinery, appliances, and other products

in commerce; and

(3) that, while primary responsibility for control of noise

rests with State and local governments, Federal action is

essential to deal with major noise sources in commerce control of

which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United

States to promote an environment for all Americans free from noise

that jeopardizes their health or welfare. To that end, it is the

purpose of this chapter to establish a means for effective

coordination of Federal research and activities in noise control,

to authorize the establishment of Federal noise emission standards

for products distributed in commerce, and to provide information to

the public respecting the noise emission and noise reduction

characteristics of such products.

-SOURCE-

(Pub. L. 92-574, Sec. 2, Oct. 27, 1972, 86 Stat. 1234.)

-MISC1-

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-609, Sec. 1, Nov. 8, 1978, 92 Stat. 3079, provided:

"That this Act [amending sections 4905, 4910, 4913, 4918, 6901,

6903, 6907, 6913, 6922, 6923, 6925, to 6928, 6947, 6961, 6962,

6964, 6972, 6973, 6977, and 6981 to 6984 of this title and section

1431 of former Title 49, Transportation, and enacting provision set

out as a note under section 1431 of former Title 49] may be cited

as the 'Quiet Communities Act of 1978'."

SHORT TITLE

Section 1 of Pub. L. 92-574 provided that: "This Act [enacting

this chapter, amending section 1431 of former Title 49,

Transportation, and enacting provisions set out as notes under this

section and section 1431 of former Title 49] may be cited as the

'Noise Control Act of 1972'."

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4903 of this title.

-End-

-CITE-

42 USC Sec. 4902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4902. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "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.

(3) The term "product" means any manufactured article or goods

or component thereof; except that such term does not include -

(A) any aircraft, aircraft engine, propeller, or appliance,

as such terms are defined in section 40102(a) of title 49; or

(B)(i) any military weapons or equipment which are designed

for combat use; (ii) any rockets or equipment which are

designed for research, experimental, or developmental work to

be performed by the National Aeronautics and Space

Administration; or (iii) to the extent provided by regulations

of the Administrator, any other machinery or equipment designed

for use in experimental work done by or for the Federal

Government.

(4) The term "ultimate purchaser" means the first person who in

good faith purchases a product for purposes other than resale.

(5) The term "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.

(6) The term "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.

(7) The term "commerce" means trade, traffic, commerce, or

transportation -

(A) between a place in a State and any place outside thereof,

or

(B) which affects trade, traffic, commerce, or transportation

described in subparagraph (A).

(8) The term "distribute in commerce" means sell in, offer for

sale in, or introduce or deliver for introduction into, commerce.

(9) The term "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.

(10) The term "Federal agency" means an executive agency (as

defined in section 105 of title 5) and includes the United States

Postal Service.

(11) The term "environmental noise" means the intensity,

duration, and the character of sounds from all sources.

-SOURCE-

(Pub. L. 92-574, Sec. 3, Oct. 27, 1972, 86 Stat. 1234.)

-COD-

CODIFICATION

In par. (3)(A), "section 40102(a) of title 49" substituted for

"section 101 of the Federal Aviation Act of 1958" on authority of

Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first

section of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4903 of this title.

-End-

-CITE-

42 USC Sec. 4903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4903. Federal programs

-STATUTE-

(a) Furtherance of Congressional policy

The Congress authorizes and directs that Federal agencies shall,

to the fullest extent consistent with their authority under Federal

laws administered by them, carry out the programs within their

control in such a manner as to further the policy declared in

section 4901(b) of this title.

(b) Presidential authority to exempt activities or facilities from

compliance requirements

Each department, agency, or instrumentality of the executive,

legislative, and judicial branches of the Federal Government -

(1) having jurisdiction over any property or facility, or

(2) engaged in any activity resulting, or which may result, in

the emission of noise,

shall comply with Federal, State, interstate, and local

requirements respecting control and abatement of environmental

noise to the same extent that any person is subject to such

requirements. The President may exempt any single activity or

facility, including noise emission sources or classes thereof, of

any department, agency, or instrumentality in the executive branch

from compliance with any such requirement if he determines it to be

in the paramount interest of the United States to do so; except

that no exemption, other than for those products referred to in

section 4902(3)(B) of this title, may be granted from the

requirements of sections 4905, 4916, and 4917 of this title. No

such exemption shall be granted due to lack of appropriation unless

the President shall have specifically requested such appropriation

as a part of the budgetary process and the Congress shall have

failed to make available such requested appropriation. Any

exemption shall be for a period not in excess of one year, but

additional exemptions may be granted for periods of not to exceed

one year upon the President's making a new determination. The

President shall report each January to the Congress all exemptions

from the requirements of this section granted during the preceding

calendar year, together with his reason for granting such

exemption.

(c) Coordination of programs of Federal agencies; standards and

regulations; status reports

(1) The Administrator shall coordinate the programs of all

Federal agencies relating to noise research and noise control. Each

Federal agency shall, upon request, furnish to the Administrator

such information as he may reasonably require to determine the

nature, scope, and results of the noise-research and noise-control

programs of the agency.

(2) Each Federal agency shall consult with the Administrator in

prescribing standards or regulations respecting noise. If at any

time the Administrator has reason to believe that a standard or

regulation, or any proposed standard or regulation, of any Federal

agency respecting noise does not protect the public health and

welfare to the extent he believes to be required and feasible, he

may request such agency to review and report to him on the

advisability of revising such standard or regulation to provide

such protection. Any such request may be published in the Federal

Register and shall be accompanied by a detailed statement of the

information on which it is based. Such agency shall complete the

requested review and report to the Administrator within such time

as the Administrator specifies in the request, but such time

specified may not be less than ninety days from the date the

request was made. The report shall be published in the Federal

Register and shall be accompanied by a detailed statement of the

findings and conclusions of the agency respecting the revision of

its standard or regulation. With respect to the Federal Aviation

Administration, section 44715 of title 49 shall apply in lieu of

this paragraph.

(3) On the basis of regular consultation with appropriate Federal

agencies, the Administrator shall compile and publish, from time to

time, a report on the status and progress of Federal activities

relating to noise research and noise control. This report shall

describe the noise-control programs of each Federal agency and

assess the contributions of those programs to the Federal

Government's overall efforts to control noise.

-SOURCE-

(Pub. L. 92-574, Sec. 4, Oct. 27, 1972, 86 Stat. 1235.)

-COD-

CODIFICATION

In subsec. (c)(2), "section 44715 of title 49" substituted for

"section 611 of the Federal Aviation Act of 1958 (as amended by

section 7 of this Act)" on authority of Pub. L. 103-272, Sec. 6(b),

July 5, 1994, 108 Stat. 1378, the first section of which enacted

subtitles II, III, and V to X of Title 49, Transportation.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and item 7 on page 20

of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 4904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4904. Identification of major noise sources

-STATUTE-

(a) Development and publication of criteria

(1) The Administrator shall, after consultation with appropriate

Federal agencies and within nine months of October 27, 1972,

develop and publish criteria with respect to noise. Such criteria

shall reflect the scientific knowledge most useful in indicating

the kind and extent of all identifiable effects on the public

health or welfare which may be expected from differing quantities

and qualities of noise.

(2) The Administrator shall, after consultation with appropriate

Federal agencies and within twelve months of October 27, 1972,

publish information on the levels of environmental noise the

attainment and maintenance of which in defined areas under various

conditions are requisite to protect the public health and welfare

with an adequate margin of safety.

(b) Compilation and publication of reports on noise sources and

control technology

The Administrator shall, after consultation with appropriate

Federal agencies, compile and publish a report or series of reports

(1) identifying products (or classes of products) which in his

judgment are major sources of noise, and (2) giving information on

techniques for control of noise from such products, including

available data on the technology, costs, and alternative methods of

noise control. The first such report shall be published not later

than eighteen months after October 27, 1972.

(c) Supplemental criteria and reports

The Administrator shall from time to time review and, as

appropriate, revise or supplement any criteria or reports published

under this section.

(d) Publication in Federal Register

Any report (or revision thereof) under subsection (b)(1) of this

section identifying major noise sources shall be published in the

Federal Register. The publication or revision under this section of

any criteria or information on control techniques shall be

announced in the Federal Register, and copies shall be made

available to the general public.

-SOURCE-

(Pub. L. 92-574, Sec. 5, Oct. 27, 1972, 86 Stat. 1236.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4905 of this title.

-End-

-CITE-

42 USC Sec. 4905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4905. Noise emission standards for products distributed in

commerce

-STATUTE-

(a) Proposed regulations

(1) The Administrator shall publish proposed regulations, meeting

the requirements of subsection (c) of this section, for each

product -

(A) which is identified (or is part of a class identified) in

any report published under section 4904(b)(1) of this title as a

major source of noise,

(B) for which, in his judgment, noise emission standards are

feasible, and

(C) which falls in one of the following categories:

(i) Construction equipment.

(ii) Transportation equipment (including recreational

vehicles and related equipment).

(iii) Any motor or engine (including any equipment of which

an engine or motor is an integral part).

(iv) Electrical or electronic equipment.

(2)(A) Initial proposed regulations under paragraph (1) shall be

published not later than eighteen months after October 27, 1972,

and shall apply to any product described in paragraph (1) which is

identified (or is a part of a class identified) as a major source

of noise in any report published under section 4904(b)(1) of this

title on or before the date of publication of such initial proposed

regulations.

(B) In the case of any product described in paragraph (1) which

is identified (or is part of a class identified) as a major source

of noise in a report published under section 4904(b)(1) of this

title after publication of the initial proposed regulations under

subparagraph (A) of this paragraph, regulations under paragraph (1)

for such product shall be proposed and published by the

Administrator not later than eighteen months after such report is

published.

(3) After proposed regulations respecting a product have been

published under paragraph (2), the Administrator shall, unless in

his judgment noise emission standards are not feasible for such

product, prescribe regulations, meeting the requirements of

subsection (c) of this section, for such product -

(A) not earlier than six months after publication of such

proposed regulations, and

(B) not later than -

(i) twenty-four months after October 27, 1972, in the case of

a product subject to proposed regulations published under

paragraph (2)(A), or

(ii) in the case of any other product, twenty-four months

after the publication of the report under section 4904(b)(1) of

this title identifying it (or a class of products of which it

is a part) as a major source of noise.

(b) Authority to publish regulations not otherwise required

The Administrator may publish proposed regulations, meeting the

requirements of subsection (c) of this section, for any product for

which he is not required by subsection (a) of this section to

prescribe regulations but for which, in his judgment, noise

emission standards are feasible and are requisite to protect the

public health and welfare. Not earlier than six months after the

date of publication of such proposed regulations respecting such

product, he may prescribe regulations, meeting the requirements of

subsection (c) of this section, for such product.

(c) Contents of regulations; appropriate consideration of other

standards; participation by interested persons; revision

(1) Any regulation prescribed under subsection (a) or (b) of this

section (and any revision thereof) respecting a product shall

include a noise emission standard which shall set limits on noise

emissions from such product and shall be a standard which in the

Administrator's judgment, based on criteria published under section

4904 of this title, is requisite to protect the public health and

welfare, taking into account the magnitude and conditions of use of

such product (alone or in combination with other noise sources),

the degree of noise reduction achievable through the application of

the best available technology, and the cost of compliance. In

establishing such a standard for any product, the Administrator

shall give appropriate consideration to standards under other laws

designed to safeguard the health and welfare of persons, including

any standards under chapter 301 of title 49, the Clean Air Act [42

U.S.C. 7401 et seq.], and the Federal Water Pollution Control Act

[33 U.S.C. 1251 et seq.]. Any such noise emission standards shall

be a performance standard. In addition, any regulation under

subsection (a) or (b) of this section (and any revision thereof)

may contain testing procedures necessary to assure compliance with

the emission standard in such regulation, and may contain

provisions respecting instructions of the manufacturer for the

maintenance, use, or repair of the product.

(2) After publication of any proposed regulations under this

section, the Administrator shall allow interested persons an

opportunity to participate in rulemaking in accordance with the

first sentence of section 553(c) of title 5.

(3) The Administrator may revise any regulation prescribed by him

under this section by (A) publication of proposed revised

regulations, and (B) the promulgation, not earlier than six months

after the date of such publication, of regulations making the

revision; except that a revision which makes only technical or

clerical corrections in a regulation under this section may be

promulgated earlier than six months after such date if the

Administrator finds that such earlier promulgation is in the public

interest.

(d) Warranty by manufacturer of conformity of product with

regulations; transfer of cost obligation from manufacturer to

dealer prohibited

(1) On and after the effective date of any regulation prescribed

under subsection (a) or (b) of this section, the manufacturer of

each new product to which such regulation applies shall warrant to

the ultimate purchaser and each subsequent purchaser that such

product is designed, built, and equipped so as to conform at the

time of sale with such regulation.

(2) Any cost obligation of any dealer incurred as a result of any

requirement imposed by paragraph (1) of this subsection shall be

borne by the manufacturer. The transfer of any such cost obligation

from a manufacturer to any dealer through franchise or other

agreement is prohibited.

(3) If a manufacturer includes in any advertisement a statement

respecting the cost or value of noise emission control devices or

systems, such manufacturer shall set forth in such statement the

cost or value attributed to such devices or systems by the

Secretary of Labor (through the Bureau of Labor Statistics). The

Secretary of Labor, and his representatives, shall have the same

access for this purpose to the books, documents, papers, and

records of a manufacturer as the Comptroller General has to those

of a recipient of assistance for purposes of section 311 of the

Clean Air Act [42 U.S.C. 7611].

(e) State and local regulations

(1) No State or political subdivision thereof may adopt or

enforce -

(A) with respect to any new product for which a regulation has

been prescribed by the Administrator under this section, any law

or regulation which sets a limit on noise emissions from such new

product and which is not identical to such regulation of the

Administrator; or

(B) with respect to any component incorporated into such new

product by the manufacturer of such product, any law or

regulation setting a limit on noise emissions from such component

when so incorporated.

(2) Subject to sections 4916 and 4917 of this title, nothing in

this section precludes or denies the right of any State or

political subdivision thereof to establish and enforce controls on

environmental noise (or one or more sources thereof) through the

licensing, regulation, or restriction of the use, operation, or

movement of any product or combination of products.

(f) Publication of notice of receipt of revision petitions and

proposed revised regulations

At any time after the promulgation of regulations respecting a

product under this section, a State or political subdivision

thereof may petition the Administrator to revise such standard on

the grounds that a more stringent standard under subsection (c) of

this section is necessary to protect the public health and welfare.

The Administration shall publish notice of receipt of such petition

in the Federal Register and shall within ninety days of receipt of

such petition respond by (1) publication of proposed revised

regulations in accordance with subsection (c)(3) of this section,

or (2) publication in the Federal Register of a decision not to

publish such proposed revised regulations at that time, together

with a detailed explanation for such decision.

-SOURCE-

(Pub. L. 92-574, Sec. 6, Oct. 27, 1972, 86 Stat. 1237; Pub. L.

95-609, Sec. 5, Nov. 8, 1978, 92 Stat. 3081.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (c)(1), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(c)(1), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

-COD-

CODIFICATION

In subsec. (c)(1), "chapter 301 of title 49" substituted for "the

National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C.

1381 et seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1978 - Subsec. (f). Pub. L. 95-609 added subsec. (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4902, 4903, 4907, 4909,

4912, 4913, 4914, 4915, 4916, 4917 of this title.

-End-

-CITE-

42 USC Sec. 4906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4906. Omitted

-COD-

CODIFICATION

Section, Pub. L. 92-574, Sec. 7(a), Oct. 27, 1972, 86 Stat. 1239,

related to a study by the Administrator of the adequacy of noise

controls, noise emission standards, and measures available to

control such noise, the results of such study to be reported to the

appropriate committees of Congress within nine months after Oct.

27, 1972.

-End-

-CITE-

42 USC Sec. 4907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4907. Labeling

-STATUTE-

(a) Regulations

The Administrator shall by regulation designate any product (or

class thereof) -

(1) which emits noise capable of adversely affecting the public

health or welfare; or

(2) which is sold wholly or in part on the basis of its

effectiveness in reducing noise.

(b) Manner of notice; form; methods and units of measurement

For each product (or class thereof) designated under subsection

(a) of this section the Administrator shall by regulation require

that notice be given to the prospective user of the level of the

noise the product emits, or of its effectiveness in reducing noise,

as the case may be. Such regulations shall specify (1) whether such

notice shall be affixed to the product or to the outside of its

container, or to both, at the time of its sale to the ultimate

purchaser or whether such notice shall be given to the prospective

user in some other manner, (2) the form of the notice, and (3) the

methods and units of measurement to be used. Section 4905(c)(2) of

this title shall apply to the prescribing of any regulation under

this section.

(c) State regulation of product labeling

This section does not prevent any State or political subdivision

thereof from regulating product labeling or information respecting

products in any way not in conflict with regulations prescribed by

the Administrator under this section.

-SOURCE-

(Pub. L. 92-574, Sec. 8, Oct. 27, 1972, 86 Stat. 1241.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4902, 4909, 4912, 4913,

4915 of this title.

-End-

-CITE-

42 USC Sec. 4908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4908. Imports

-STATUTE-

The Secretary of the Treasury shall, in consultation with the

Administrator, issue regulations to carry out the provisions of

this chapter with respect to new products imported or offered for

importation.

-SOURCE-

(Pub. L. 92-574, Sec. 9, Oct. 27, 1972, 86 Stat. 1242.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4909 of this title.

-End-

-CITE-

42 USC Sec. 4909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4909. Prohibited acts

-STATUTE-

(a) Except as otherwise provided in subsection (b) of this

section, the following acts or the causing thereof are prohibited:

(1) In the case of a manufacturer, to distribute in commerce

any new product manufactured after the effective date of a

regulation prescribed under section 4905 of this title which is

applicable to such product, except in conformity with such

regulation.

(2)(A) The removal or rendering inoperative by any person,

other than for purposes of maintenance, repair, or replacement,

of any device or element of design incorporated into any product

in compliance with regulations under section 4905 of this title,

prior to its sale or delivery to the ultimate purchaser or while

it is in use, or (B) the use of a product after such device or

element of design has been removed or rendered inoperative by any

person.

(3) In the case of a manufacturer, to distribute in commerce

any new product manufactured after the effective date of a

regulation prescribed under section 4907(b) of this title

(requiring information respecting noise) which is applicable to

such product, except in conformity with such regulation.

(4) The removal by any person of any notice affixed to a

product or container pursuant to regulations prescribed under

section 4907(b) of this title, prior to sale of the product to

the ultimate purchaser.

(5) The importation into the United States by any person of any

new product in violation of a regulation prescribed under section

4908 of this title which is applicable to such product.

(6) The failure or refusal by any person to comply with any

requirement of section 4910(d) or 4912(a) of this title or

regulations prescribed under section 4912(a), 4916, or 4917 of

this title.

(b)(1) For the purpose of research, investigations, studies,

demonstrations, or training, or for reasons of national security,

the Administrator may exempt for a specified period of time any

product, or class thereof, from paragraphs (1), (2), (3), and (5)

of subsection (a) of this section, upon such terms and conditions

as he may find necessary to protect the public health or welfare.

(2) Paragraphs (1), (2), (3), and (4) of subsection (a) of this

section shall not apply with respect to any product which is

manufactured solely for use outside any State and which (and the

container of which) is labeled or otherwise marked to show that it

is manufactured solely for use outside any State; except that such

paragraphs shall apply to such product if it is in fact distributed

in commerce for use in any State.

-SOURCE-

(Pub. L. 92-574, Sec. 10, Oct. 27, 1972, 86 Stat. 1242.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4910, 4911, 4916, 4917 of

this title.

-End-

-CITE-

42 USC Sec. 4910 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4910. Enforcement

-STATUTE-

(a) Criminal penalties

(1) Any person who willfully or knowingly violates paragraph (1),

(3), (5), or (6) of subsection (a) of section 4909 of this title

shall be punished by a fine of not more than $25,000 per day of

violation, or by imprisonment for not more than one year, or by

both. If the conviction is for a violation committed after a first

conviction of such person under this subsection, punishment shall

be by a fine of not more than $50,000 per day of violation, or by

imprisonment for not more than two years, or by both.

(2) Any person who violates paragraph (1), (3), (5), or (6) of

subsection (a) of section 4909 of this title shall be subject to a

civil penalty not to exceed $10,000 per day of such violation.

(b) Separate violations

For the purpose of this section, each day of violation of any

paragraph of section 4909(a) of this title shall constitute a

separate violation of that section.

(c) Actions to restrain violations

The district courts of the United States shall have jurisdiction

of actions brought by and in the name of the United States to

restrain any violations of section 4909(a) of this title.

(d) Orders issued to protect public health and welfare; notice;

opportunity for hearing

(1) Whenever any person is in violation of section 4909(a) of

this title, the Administrator may issue an order specifying such

relief as he determines is necessary to protect the public health

and welfare.

(2) Any order under this subsection shall be issued only after

notice and opportunity for a hearing in accordance with section 554

of title 5.

(e) "Person" defined

The term "person," as used in this section, does not include a

department, agency, or instrumentality of the United States.

-SOURCE-

(Pub. L. 92-574, Sec. 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L.

95-609, Sec. 4, Nov. 8, 1978, 92 Stat. 3081.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-609 redesignated existing

provisions as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4902, 4909, 4916, 4917 of

this title.

-End-

-CITE-

42 USC Sec. 4911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4911. Citizen suits

-STATUTE-

(a) Authority to commence suits

Except as provided in subsection (b) of this section, any person

(other than the United States) may commence a civil action on his

own behalf -

(1) against any person (including (A) the United States, and

(B) any other governmental instrumentality or agency to the

extent permitted by the eleventh amendment to the Constitution)

who is alleged to be in violation of any noise control

requirement (as defined in subsection (e) (!1) of this section),

or

(2) against -

(A) the Administrator of the Environmental Protection Agency

where there is alleged a failure of such Administrator to

perform any act or duty under this chapter which is not

discretionary with such Administrator, or

(B) the Administrator of the Federal Aviation Administration

where there is alleged a failure of such Administrator to

perform any act or duty under section 44715 of title 49 which

is not discretionary with such Administrator.

The district courts of the United States shall have jurisdiction,

without regard to the amount in controversy, to restrain such

person from violating such noise control requirement or to order

such Administrator to perform such act or duty, as the case may be.

(b) Notice

No action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to sixty days after the plaintiff has given notice

of the violation (i) to the Administrator of the Environmental

Protection Agency (and to the Federal Aviation Administrator in

the case of a violation of a noise control requirement under

such section 44715 of title 49) and (ii) to any alleged

violator of such requirement, or

(B) if an Administrator has commenced and is diligently

prosecuting a civil action to require compliance with the noise

control requirement, but in any such action in a court of the

United States any person may intervene as a matter of right, or

(2) under subsection (a)(2) of this section prior to sixty days

after the plaintiff has given notice to the defendant that he

will commence such action.

Notice under this subsection shall be given in such manner as the

Administrator of the Environmental Protection Agency shall

prescribe by regulation.

(c) Intervention

In an action under this section, the Administrator of the

Environmental Protection Agency, if not a party, may intervene as a

matter of right. In an action under this section respecting a noise

control requirement under section 44715 of title 49, the

Administrator of the Federal Aviation Administration, if not a

party, may also intervene as a matter of right.

(d) Litigation costs

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party, whenever the court determines such an award is

appropriate.

(e) Other common law or statutory rights of action

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of any noise control requirement or to seek any

other relief (including relief against an Administrator).

(f) "Noise control requirement" defined

For purposes of this section, the term "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.

-SOURCE-

(Pub. L. 92-574, Sec. 12, Oct. 27, 1972, 86 Stat. 1243.)

-COD-

CODIFICATION

In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), "section 44715 of

title 49" substituted for "section 611 of the Federal Aviation Act

of 1958" and "such section 611" on authority of Pub. L. 103-272,

Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4902, 4916, 4917 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(f)".

-End-

-CITE-

42 USC Sec. 4912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4912. Records, reports, and information

-STATUTE-

(a) Duties of manufacturers of products

Each manufacturer of a product to which regulations under section

4905 or 4907 of this title apply shall -

(1) establish and maintain such records, make such reports,

provide such information, and make such tests, as the

Administrator may reasonably require to enable him to determine

whether such manufacturer has acted or is acting in compliance

with this chapter,

(2) upon request of an officer or employee duly designated by

the Administrator, permit such officer or employee at reasonable

times to have access to such information and the results of such

tests and to copy such records, and

(3) to the extent required by regulations of the Administrator,

make products coming off the assembly line or otherwise in the

hands of the manufacturer available for testing by the

Administrator.

(b) Confidential information; disclosure

(1) All information obtained by the Administrator or his

representatives pursuant to subsection (a) of this section, which

information contains or relates to a trade secret or other matter

referred to in section 1905 of title 18, shall be considered

confidential for the purpose of that section, except that such

information may be disclosed to other Federal officers or

employees, in whose possession it shall remain confidential, or

when relevant to the matter in controversy in any proceeding under

this chapter.

(2) Nothing in this subsection shall authorize the withholding of

information by the Administrator, or by any officers or employees

under his control, from the duly authorized committees of the

Congress.

(c) Violations and penalties

Any person who knowingly makes any false statement,

representation, or certification in any application, record,

report, plan, or other document filed or required to be maintained

under this chapter or who falsifies, tampers with, or knowingly

renders inaccurate any monitoring device or method required to be

maintained under this chapter, shall upon conviction be punished by

a fine of not more than $10,000, or by imprisonment for not more

than six months, or by both.

-SOURCE-

(Pub. L. 92-574, Sec. 13, Oct. 27, 1972, 86 Stat. 1244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4909 of this title.

-End-

-CITE-

42 USC Sec. 4913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4913. Quiet communities, research, and public information

-STATUTE-

To promote the development of effective State and local noise

control programs, to provide an adequate Federal noise control

research program designed to meet the objectives of this chapter,

and to otherwise carry out the policy of this chapter, the

Administrator shall, in cooperation with other Federal agencies and

through the use of grants, contracts, and direct Federal actions -

(a) develop and disseminate information and educational

materials to all segments of the public on the public health and

other effects of noise and the most effective means for noise

control, through the use of materials for school curricula,

volunteer organizations, radio and television programs,

publication, and other means;

(b) conduct or finance research directly or with any public or

private organization or any person on the effects, measurement,

and control of noise, including but not limited to -

(1) investigation of the psychological and physiological

effects of noise on humans and the effects of noise on domestic

animals, wildlife, and property, and the determination of

dose/response relationships suitable for use in decisionmaking,

with special emphasis on the nonauditory effects of noise;

(2) investigation, development, and demonstration of noise

control technology for products subject to possible regulation

under sections 4905 and 4907 of this title and section 44715 of

title 49;

(3) investigation, development, and demonstration of

monitoring equipment and other technology especially suited for

use by State and local noise control programs;

(4) investigation of the economic impact of noise on property

and human activities; and

(5) investigation and demonstration of the use of economic

incentives (including emission charges) in the control of

noise;

(c) administer a nationwide Quiet Communities Program which

shall include, but not be limited to -

(1) grants to States, local governments, and authorized

regional planning agencies for the purpose of -

(A) identifying and determining the nature and extent of

the noise problem within the subject jurisdiction;

(B) planning, developing, and establishing a noise control

capacity in such jurisdiction, including purchasing initial

equipment;

(C) developing abatement plans for areas around major

transportation facilities (including airports, highways, and

rail yards) and other major stationary sources of noise, and,

where appropriate, for the facility or source itself; and,

(D) evaluating techniques for controlling noise (including

institutional arrangements) and demonstrating the best

available techniques in such jurisdiction;

(2) purchase of monitoring and other equipment for loan to

State and local noise control programs to meet special needs or

assist in the beginning implementation of a noise control

program or project;

(3) development and implementation of a quality assurance

program for equipment and monitoring procedures of State and

local noise control programs to help communities assure that

their data collection activities are accurate;

(4) conduct of studies and demonstrations to determine the

resource and personnel needs of States and local governments

required for the establishment and implementation of effective

noise abatement and control programs; and

(5) development of education and training materials and

programs, including national and regional workshops, to support

State and local noise abatement and control programs;

except that no actions, plans or programs hereunder shall be

inconsistent with existing Federal authority under this chapter

to regulate sources of noise in interstate commerce;

(d) develop and implement a national noise environmental

assessment program to identify trends in noise exposure and

response, ambient levels, and compliance data and to determine

otherwise the effectiveness of noise abatement actions through

the collection of physical, social, and human response data;

(e) establish regional technical assistance centers which use

the capabilities of university and private organizations to

assist State and local noise control programs;

(f) provide technical assistance to State and local governments

to facilitate their development and enforcement of noise control,

including direct onsite assistance of agency or other personnel

with technical expertise, and preparation of model State or local

legislation for noise control; and

(g) provide for the maximum use in programs assisted under this

section of senior citizens and persons eligible for participation

in programs under the Older Americans Act [42 U.S.C. 3001 et

seq.].

-SOURCE-

(Pub. L. 92-574, Sec. 14, Oct. 27, 1972, 86 Stat. 1244; Pub. L.

95-609, Sec. 2, Nov. 8, 1978, 92 Stat. 3079.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act, referred to in subsec. (g), probably

means the Older Americans Act of 1965, Pub. L. 89-73, July 14,

1965, 79 Stat. 218, as amended, which is classified generally to

chapter 35 (Sec. 3001 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3001 of this title and Tables.

-COD-

CODIFICATION

In subsec. (b)(2), "section 44715 of title 49" substituted for

reference to section 7 of this Act, meaning section 7 of Pub. L.

92-574, which generally amended section 611 of the Federal Aviation

Act of 1958 (49 App. U.S.C. 1431), on authority of Pub. L. 103-272,

Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-609 completely revised and restructured

existing provisions, inserting provisions relating to authorized

use of grants and direct action, investigation of economic impact

of noise, administration of Quiet Communities Program, development

of noise assessment program, establishment of regional centers,

technical assistance to State and local governments, and use by

senior citizens of these programs.

-End-

-CITE-

42 USC Sec. 4914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4914. Development of low-noise-emission products

-STATUTE-

(a) Definitions

For the purpose of this section:

(1) The term "Committee" means the Low-Noise-Emission Product

Advisory Committee.

(2) The term "Federal Government" includes the legislative,

executive, and judicial branches of the Government of the United

States, and the government of the District of Columbia.

(3) The term "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.

(4) The term "retail price" means (A) the maximum statutory

price applicable to any type of product; or (B) in any case where

there is no applicable maximum statutory price, the most recent

procurement price paid for any type of product.

(b) Certification of products; Low-Noise-Emission Product Advisory

Committee

(1) The Administrator shall determine which products qualify as

low-noise-emission products in accordance with the provisions of

this section.

(2) The Administrator shall certify any product -

(A) for which a certification application has been filed in

accordance with paragraph (5)(A) of this subsection;

(B) which is a low-noise-emission product as determined by the

Administrator; and

(C) which he determines is suitable for use as a substitute for

a type of product at that time in use by agencies of the Federal

Government.

(3) The Administrator may establish a Low-Noise-Emission Product

Advisory Committee to assist him in determining which products

qualify as low-noise-emission products for purposes of this

section. The Committee shall include the Administrator or his

designee, a representative of the National Institute of Standards

and Technology, and representatives of such other Federal agencies

and private individuals as the Administrator may deem necessary

from time to time. Any member of the Committee not employed on a

full-time basis by the United States may receive the daily

equivalent of the annual rate of basic pay in effect for Grade

GS-18 of the General Schedule for each day such member is engaged

upon work of the Committee. Each member of the Committee shall be

reimbursed for travel expenses, including per diem in lieu of

subsistence as authorized by section 5703 of title 5 for persons in

the Government service employed intermittently.

(4) Certification under this section shall be effective for a

period of one year from the date of issuance.

(5)(A) Any person seeking to have a class or model of product

certified under this section shall file a certification application

in accordance with regulations prescribed by the Administrator.

(B) The Administrator shall publish in the Federal Register a

notice of each application received.

(C) The Administrator shall make determinations for the purpose

of this section in accordance with procedures prescribed by him by

regulation.

(D) The Administrator shall conduct whatever investigation is

necessary, including actual inspection of the product at a place

designated in regulations prescribed under subparagraph (A).

(E) The Administrator shall receive and evaluate written comments

and documents from interested persons in support of, or in

opposition to, certification of the class or model of product under

consideration.

(F) Within ninety days after the receipt of a properly filed

certification application the Administrator shall determine whether

such product is a low-noise-emission product for purposes of this

section. If the Administrator determines that such product is a

low-noise-emission product, then within one hundred and eighty days

of such determination the Administrator shall reach a decision as

to whether such product is a suitable substitute for any class or

classes of products presently being purchased by the Federal

Government for use by its agencies.

(G) Immediately upon making any determination or decision under

subparagraph (F), the Administrator shall publish in the Federal

Register notice of such determination or decision, including

reasons therefor.

(c) Federal procurement of low-noise-emission products

(1) Certified low-noise-emission products shall be acquired by

purchase or lease by the Federal Government for use by the Federal

Government in lieu of other products if the Administrator of

General Services determines that such certified products have

procurement costs which are no more than 125 per centum of the

retail price of the least expensive type of product for which they

are certified substitutes.

(2) Data relied upon by the Administrator in determining that a

product is a certified low-noise-emission product shall be

incorporated in any contract for the procurement of such product.

(d) Product selection

The procuring agency shall be required to purchase available

certified low-noise-emission products which are eligible for

purchase to the extent they are available before purchasing any

other products for which any low-noise-emission product is a

certified substitute. In making purchasing selections between

competing eligible certified low-noise-emission products, the

procuring agency shall give priority to any class or model which

does not require extensive periodic maintenance to retain its

low-noise-emission qualities or which does not involve operating

costs significantly in excess of those products for which it is a

certified substitute.

(e) Waiver of statutory price limitations

For the purpose of procuring certified low-noise-emission

products any statutory price limitations shall be waived.

(f) Tests of noise emissions from products purchased by Federal

Government

The Administrator shall, from time to time as he deems

appropriate, test the emissions of noise from certified

low-noise-emission products purchased by the Federal Government. If

at any time he finds that the noise-emission levels exceed the

levels on which certification under this section was based, the

Administrator shall give the supplier of such product written

notice of this finding, issue public notice of it, and give the

supplier an opportunity to make necessary repairs, adjustments, or

replacements. If no such repairs, adjustments, or replacements are

made within a period to be set by the Administrator, he may order

the supplier to show cause why the product involved should be

eligible for recertification.

(g) Authorization of appropriations

There are authorized to be appropriated for paying additional

amounts for products pursuant to, and for carrying out the

provisions of, this section, $1,000,000 for the fiscal year ending

June 30, 1973, and $2,000,000 for each of the two succeeding fiscal

years, $2,200,000 for the fiscal year ending June 30, 1976,

$550,000 for the transition period of July 1, 1976, through

September 30, 1976, and $2,420,000 for the fiscal year ending

September 30, 1977.

(h) Promulgation of procedures

The Administrator shall promulgate the procedures required to

implement this section within one hundred and eighty days after

October 27, 1972.

-SOURCE-

(Pub. L. 92-574, Sec. 15, Oct. 27, 1972, 86 Stat. 1245; Pub. L.

94-301, Sec. 1, May 31, 1976, 90 Stat. 590; Pub. L. 100-418, title

V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(3). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

1976 - Subsec. (g). Pub. L. 94-301 inserted authorization of

appropriations for fiscal year ending June 30, 1976, the transition

period, and fiscal year ending September 30, 1977.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. A committee

established after Jan. 5, 1973, to terminate not later than the

expiration of the 2-year period beginning on the date of its

establishment unless in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the end of such period,

or in the case of a committee established by the Congress, its

duration is otherwise provided by law. See section 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to

Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4918 of this title.

-End-

-CITE-

42 USC Sec. 4915 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4915. Judicial review

-STATUTE-

(a) Petition for review

A petition for review of action of the Administrator of the

Environmental Protection Agency in promulgating any standard or

regulation under sections 4905, 4916, or 4917 of this title or any

labeling regulation under section 4907 of this title may be filed

only in the United States Court of Appeals for the District of

Columbia Circuit, and a petition for review of action of the

Administrator of the Federal Aviation Administration in

promulgating any standard or regulation under section 44715 of

title 49 may be filed only in such court. Any such petition shall

be filed within ninety days from the date of such promulgation, or

after such 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 civil or

criminal proceedings for enforcement.

(b) Additional evidence

If a party seeking review under this chapter applies to the court

for leave to adduce additional evidence, 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 Administrator 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 recommendation, 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 determines 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 Environmental Protection Agency

may issue subpenas for the attendance and testimony of witnesses

and the production 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.

-SOURCE-

(Pub. L. 92-574, Sec. 16, Oct. 27, 1972, 86 Stat. 1247.)

-COD-

CODIFICATION

In subsec. (a), "section 44715 of title 49" substituted for

"section 611 of the Federal Aviation Act of 1958" on authority of

Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first

section of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4916, 4917 of this title.

-End-

-CITE-

42 USC Sec. 4916 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4916. Railroad noise emission standards

-STATUTE-

(a) Regulations; standards; consultation with Secretary of

Transportation

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

shall publish proposed noise emission regulations for surface

carriers engaged in interstate commerce by railroad. Such proposed

regulations shall include noise emission standards setting such

limits on noise emissions resulting from operation of the equipment

and facilities of surface carriers engaged in interstate commerce

by railroad which reflect the degree of noise reduction achievable

through the application of the best available technology, taking

into account the cost of compliance. These regulations shall be in

addition to any regulations 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 paragraph (1) of this subsection, and

subject to the provisions of section 4915 of this title, the

Administrator shall promulgate final regulations. Such regulations

may be revised, from time to time, in accordance 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 Transportation in order to assure appropriate

consideration for safety and technological availability.

(4) Any regulation or revision thereof promulgated under this

subsection shall take effect after such period as the Administrator

finds necessary, after consultation with the Secretary of

Transportation, to permit the development and application of the

requisite technology, giving appropriate consideration to the cost

of compliance within such period.

(b) Regulations to insure compliance with noise emission standards

The Secretary of Transportation, after consultation with the

Administrator, shall promulgate regulations to insure compliance

with all standards promulgated 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 [45 U.S.C. 1

et seq.], subtitle IV of title 49, 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 standards and controls

(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.

(d) "Carrier" and "railroad" defined

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

have the same meaning as the term "railroad carrier" has in section

20102 of title 49.

-SOURCE-

(Pub. L. 92-574, Sec. 17, Oct. 27, 1972, 86 Stat. 1248; Pub. L.

104-287, Sec. 6(i), Oct. 11, 1996, 110 Stat. 3399.)

-REFTEXT-

REFERENCES IN TEXT

The Safety Appliance Acts, referred to in subsec. (b), are acts

Mar. 2, 1893, ch. 196, 27 Stat. 531; Mar. 2, 1903, ch. 976, 32

Stat. 943; and Apr. 14, 1910, ch. 160, 36 Stat. 298, which were

classified to sections 1 to 16 of Title 45, Railroads, and were

repealed and reenacted in sections 20102, 20301 to 20304, 21302,

and 21304 of Title 49, Transportation, by Pub. L. 103-272, Secs.

1(e), 7(b), July 5, 1994, 108 Stat. 863, 881, 892, 893, 1379, the

first section of which enacted subtitles II, III, and V to X of

Title 49. Section 6 of act Apr. 14, 1910, which was classified to

section 15 of Title 45, was repealed and reenacted as section

501(b) of Title 49 by Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413.

The Department of Transportation Act, referred to in subsec. (b),

is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which

was classified principally to sections 1651 to 1660 of former Title

49, Transportation. The Act was repealed and the provisions thereof

reenacted in Title 49, Transportation, by Pub. L. 97-449, Jan. 12,

1983, 96 Stat. 2413, and Pub. L. 103-272, July 5, 1994, 108 Stat.

745. The Act was also repealed by Pub. L. 104-287, Sec. 7(5), Oct.

11, 1996, 110 Stat. 3400. For disposition of sections of former

Title 49, see Table at the beginning of Title 49.

-COD-

CODIFICATION

In subsec. (b), "subtitle IV of title 49" substituted for "the

Interstate Commerce Act [49 U.S.C. 1 et seq.]", on authority of

Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first

section of which enacted subtitle IV of Title 49, Transportation.

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-287 substituted "the term

'railroad carrier' has in section 20102 of title 49" for "such

terms have under the first section of the Act of February 17, 1911

(45 U.S.C. 22)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4903, 4905, 4909, 4911,

4915 of this title.

-End-

-CITE-

42 USC Sec. 4917 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4917. Motor carrier noise emission standards

-STATUTE-

(a) Regulations; standards; consultation with Secretary of

Transportation

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

shall publish proposed noise emission regulations for motor

carriers engaged in interstate commerce. Such proposed regulations

shall include noise emission standards setting such limits on noise

emissions resulting from operation of motor carriers engaged in

interstate commerce which reflect the degree of noise reduction

achievable through the application of the best available

technology, taking into account the cost of compliance. These

regulations shall be in addition to any regulations 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 paragraph (1) of this subsection, and

subject to the provisions of section 4915 of this title, the

Administrator shall promulgate final regulations. Such regulations

may be revised from time to time, in accordance 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 Transportation in order to assure appropriate

consideration for safety and technological availability.

(4) Any regulation or revision thereof promulgated under this

subsection shall take effect after such period as the Administrator

finds necessary, after consultation with the Secretary of

Transportation, to permit the development and application of the

requisite technology, giving appropriate consideration to the cost

of compliance within such period.

(b) Regulations to insure compliance with noise emission standards

The Secretary of Transportation, after consultation with the

Administrator shall promulgate regulations to insure compliance

with all standards promulgated 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 subtitle IV of title 49 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 standards 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 subdivision

thereof may adopt or enforce any standard applicable to the same

operation of such motor 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.

(d) "Motor carrier" defined

For purposes of this section, the term "motor carrier" includes a

motor carrier and motor private carrier as those terms are defined

in section 13102 of title 49.

-SOURCE-

(Pub. L. 92-574, Sec. 18, Oct. 27, 1972, 86 Stat. 1249.; Pub. L.

104-88, title III, Sec. 339, Dec. 29, 1995, 109 Stat. 955.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Transportation Act, referred to in subsec. (b),

is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which

was classified principally to sections 1651 to 1660 of former Title

49, Transportation. The Act was repealed and the provisions thereof

reenacted in Title 49, Transportation, by Pub. L. 97-449, Jan. 12,

1983, 96 Stat. 2413, and Pub. L. 103-272, July 5, 1994, 108 Stat.

745. The Act was also repealed by Pub. L. 104-287, Sec. 7(5), Oct.

11, 1996, 110 Stat. 3400. For disposition of sections of former

Title 49, see Table at the beginning of Title 49.

-COD-

CODIFICATION

In subsec. (b), "subtitle IV of title 49" substituted for "the

Interstate Commerce Act [49 U.S.C. 1 et seq.]" on authority of Pub.

L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first

section of which enacted subtitle IV of Title 49, Transportation.

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-88 amended subsec. (d) generally.

Prior to amendment, subsec. (d) read as follows: "For purposes of

this section, the term 'motor carrier' includes a common carrier by

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

carrier of property by motor vehicle as those terms are defined by

section 10102 of title 49."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4903, 4905, 4909, 4911,

4915 of this title; title 49 section 113.

-End-

-CITE-

42 USC Sec. 4918 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 65 - NOISE CONTROL

-HEAD-

Sec. 4918. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this chapter

(other than for research and development) $15,000,000 for the

fiscal year ending September 30, 1979.

-SOURCE-

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

94-301, Sec. 2, May 31, 1976, 90 Stat. 590; Pub. L. 95-609, Sec. 6,

Nov. 8, 1978, 92 Stat. 3081.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-609 substituted provisions authorizing

appropriations of $15,000,000 for 1979 for provisions authorizing

appropriations for fiscal years 1973 to 1977 and struck out

restriction on expenditures for research and development.

1976 - Pub. L. 94-301 inserted authorization of appropriations

for fiscal year ending June 30, 1976, the transition period, and

fiscal year ending September 30, 1977, and provisions excepting

appropriations for research and development use.

-End-