42 U.S.C. § 4913 — Quiet communities, research, and public

Page 6250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4912 (2) under subsection (a)(2) prior to sixty days after the plaintiff has given notice to the de- fendant that he will commence such action. Notice under this subsection shall be given in such manner as the Administrator of the Envi- ronmental Protection Agency shall prescribe by regulation. (c) Intervention In an action under this section, the Adminis- trator 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 ac- tion 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 ac- tion 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 en- forcement 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 sec- tion 4916 or 4917 of this title or under section 44715 of title 49. (Pub. L. 92–574, § 12, Oct. 27, 1972, 86 Stat. 1243.) Editorial Notes CODIFICATION In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), ‘‘section 44715 of title 49’’ substituted for ‘‘section 611 of the Fed- eral Aviation Act of 1958’’ and ‘‘such section 611’’ on au- thority of Pub. L. 103–272, § 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. § 4912. Records, reports, and information (a) Duties of manufacturers of products Each manufacturer of a product to which reg- ulations 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 de- termine 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 re- sults 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 Adminis- trator or his representatives pursuant to sub- section (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 em- ployees, in whose possession it shall remain con- fidential, or when relevant to the matter in con- troversy in any proceeding under this chapter. (2) Nothing in this subsection shall authorize the withholding of information by the Adminis- trator, 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 mon- itoring device or method required to be main- tained 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. (Pub. L. 92–574, § 13, Oct. 27, 1972, 86 Stat. 1244.) § 4913. Quiet communities, research, and public information To promote the development of effective State and local noise control programs, to provide an adequate Federal noise control research pro- gram designed to meet the objectives of this chapter, and to otherwise carry out the policy of this chapter, the Administrator shall, in co- operation 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 con- trol 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 determina- tion of dose/response relationships suitable for use in decisionmaking, with special em- phasis on the nonauditory effects of noise; (2) investigation, development, and dem- onstration of noise control technology for products subject to possible regulation Page 6251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4914 under sections 4905 and 4907 of this title and section 44715 of title 49; (3) investigation, development, and dem- onstration 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 emis- sion charges) in the control of noise; (c) administer a nationwide Quiet Commu- nities 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 na- ture and extent of the noise problem with- in the subject jurisdiction; (B) planning, developing, and estab- lishing a noise control capacity in such ju- risdiction, including purchasing initial equipment; (C) developing abatement plans for areas around major transportation facilities (in- cluding airports, highways, and rail yards) and other major stationary sources of noise, and, where appropriate, for the fa- cility or source itself; and, (D) evaluating techniques for controlling noise (including institutional arrange- ments) and demonstrating the best avail- able 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 commu- nities assure that their data collection ac- tivities are accurate; (4) conduct of studies and demonstrations to determine the resource and personnel needs of States and local governments re- quired for the establishment and implemen- tation of effective noise abatement and con- trol 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 pro- grams; except that no actions, plans or programs hereunder shall be inconsistent with existing Federal authority under this chapter to regu- late sources of noise in interstate commerce; (d) develop and implement a national noise environmental assessment program to identify trends in noise exposure and response, ambi- ent levels, and compliance data and to deter- mine 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 univer- sity and private organizations to assist State and local noise control programs; (f) provide technical assistance to State and local governments to facilitate their develop- ment and enforcement of noise control, includ- ing direct onsite assistance of agency or other personnel with technical expertise, and prepa- ration of model State or local legislation for noise control; and (g) provide for the maximum use in pro- grams 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.]. (Pub. L. 92–574, § 14, Oct. 27, 1972, 86 Stat. 1244; Pub. L. 95–609, § 2, Nov. 8, 1978, 92 Stat. 3079.) Editorial Notes 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, which is classified generally to chapter 35 (§ 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. 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, § 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. AMENDMENTS 1978—Pub. L. 95–609 completely revised and restruc- tured existing provisions, inserting provisions relating to authorized use of grants and direct action, investiga- tion of economic impact of noise, administration of Quiet Communities Program, development of noise as- sessment program, establishment of regional centers, technical assistance to State and local governments, and use by senior citizens of these programs. § 4914. Development of low-noise-emission prod- ucts (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 speci- fied in noise emission standards under regula- tions 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