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42 U.S.C. § 4909 — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim), prior to sale of the product to the ultimate purchaser.
(5) The importation into the United St
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Stable record: federal_law:legal_authorities:record_usc_0957616ee00f022b9169bcf1
Source file: Laws/federal/codes/united-states-code/title-42/section-4909-prohibited-acts--d40ed3d575.md
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Source location: Title 42, Chapter 65, § 4909; chapter-065-noise-control.md
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**(a)** Except as otherwise provided in subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4908&num=0&edition=prelim) 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), 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) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proposed regulations**
(1) The Administrator shall publish proposed regulations, meeting the requirements of subsection (c), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such prod
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4905
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4908
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4910
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Federal law — U.S. Code and appendices · legal_authorities
Page 6248
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4906
(B) with respect to any component incor-
porated into such new product by the manu-
facturer 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 en-
vironmental noise (or one or more sources there-
of) through the licensing, regulation, or restric-
tion of the use, operation, or movement of any
product or combination of products.
(f) Publication of notice of receipt of revision pe-
titions and proposed revised regulations
At any time after the promulgation of regula-
tions respecting a product under this section, a
State or political subdivision thereof may peti-
tion 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 re-
spond by (1) publication of proposed revised reg-
ulations in accordance with subsection (c)(3) of
this section, or (2) publication in the Federal
Register of a decision not to publish such pro-
posed revised regulations at that time, together
with a detailed explanation for such decision.
(Pub. L. 92–574, § 6, Oct. 27, 1972, 86 Stat. 1237;
Pub. L. 95–609, § 5, Nov. 8, 1978, 92 Stat. 3081.)
Editorial Notes
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (c)(1), is act
July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4909
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