42 U.S.C. § 4914 — Development of low-noise-emission prod-

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 Page 6252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4914 in accordance with the provisions of this sec- tion. (2) The Administrator shall certify any prod- uct— (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 Govern- ment. (3) The Administrator may establish a Low- Noise-Emission Product Advisory Committee to assist him in determining which products qual- ify 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 Tech- nology, and representatives of such other Fed- eral agencies and private individuals as the Ad- ministrator may deem necessary from time to time. Any member of the Committee not em- ployed 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 em- ployed intermittently. (4) Certification under this section shall be ef- fective 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 accord- ance with regulations prescribed by the Admin- istrator. (B) The Administrator shall publish in the Federal Register a notice of each application re- ceived. (C) The Administrator shall make determina- tions for the purpose of this section in accord- ance with procedures prescribed by him by regu- lation. (D) The Administrator shall conduct whatever investigation is necessary, including actual in- spection of the product at a place designated in regulations prescribed under subparagraph (A). (E) The Administrator shall receive and evalu- ate written comments and documents from in- terested 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 Ad- ministrator shall determine whether such prod- uct is a low-noise-emission product for purposes of this section. If the Administrator determines that such product is a low-noise-emission prod- uct, 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 Fed- eral Government for use by its agencies. (G) Immediately upon making any determina- tion or decision under subparagraph (F), the Ad- ministrator shall publish in the Federal Reg- ister 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 prod- uct. (d) Product selection The procuring agency shall be required to pur- chase 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 pur- chasing selections between competing eligible certified low-noise-emission products, the pro- curing 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 lim- itations shall be waived. (f) Tests of noise emissions from products pur- chased 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 ex- ceed 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 Adminis- trator, 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 pursu- ant 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 transi- tion period of July 1, 1976, through September 30, 1976, and $2,420,000 for the fiscal year ending September 30, 1977. Page 6253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4916 (h) Promulgation of procedures The Administrator shall promulgate the pro- cedures required to implement this section with- in one hundred and eighty days after October 27, 1972. (Pub. L. 92–574, § 15, Oct. 27, 1972, 86 Stat. 1245; Pub. L. 94–301, § 1, May 31, 1976, 90 Stat. 590; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Subsec. (b)(3). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’. 1976—Subsec. (g). Pub. L. 94–301 inserted authoriza- tion of appropriations for fiscal year ending June 30, 1976, the transition period, and fiscal year ending Sep- tember 30, 1977. Statutory Notes and Related Subsidiaries 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 ter- minate not later than the expiration of the 2-year pe- riod 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 com- mittee is renewed by appropriate action prior to the end of such period, or in the case of a committee estab- lished by the Congress, its duration is otherwise pro- vided by law. See section 1013 of 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4915. Judicial review (a) Petition for review A petition for review of action of the Adminis- trator 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 Ad- ministration 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 sub- ject to judicial review in civil or criminal pro- ceedings for enforcement. (b) Additional evidence If a party seeking review under this chapter applies to the court for leave to adduce addi- tional 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 Ad- ministration (as the case may be), the court may order such additional evidence (and evi- dence 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 find- ings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evi- dence. (c) Stay of agency action With respect to relief pending review of an ac- tion by either Administrator, no stay of an agency action may be granted unless the review- ing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irrep- arable 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 con- tumacy 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 trans- acts 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 pa- pers, books, and documents before the Adminis- trator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 92–574, § 16, Oct. 27, 1972, 86 Stat. 1247.) Editorial Notes 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, § 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. § 4916. Railroad noise emission standards (a) Regulations; standards; consultation with Secretary of Transportation (1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise