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42 U.S.C. § 4905 — Noise emission standards for products distributed in commerce
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-4905-noise-emission-standards-for-products-distributed-in-commerce--1e2e7895d3.md
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Source location: Title 42, Chapter 65, § 4905; chapter-065-noise-control.md
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**(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 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) 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), for any product for which he is not required by subsection (a) 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.], and the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.]. Any such noise emission standards shall be a performance standard. In addition, any regulation under subsection (a) or (b) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/c&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7611&num=0&edition=prelim)].
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recipients of assistance to keep prescribed records** Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
**(b) Audits** The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7611
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–563, title III, § 301, as added Pub. L. 91–265, § 7, May 22, 1970, 84 Stat. 263; amended H. Res. 988, Jan. 3, 1975; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980, related to facilities for research and testing in traffic safety.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(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) identifying major noise sources shall be published in the Federal Register. The publication or revision under
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4904
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under [section 104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim) shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.
(3) *
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4909
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4914
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4916
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4917
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