42 U.S.C. § 4906 — Omitted

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 chapter 85 (§ 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, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For com- plete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Ta- bles. 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, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1978—Subsec. (f). Pub. L. 95–609 added subsec. (f). § 4906. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–574, § 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 re- sults of such study to be reported to the appropriate committees of Congress within nine months after Oct. 27, 1972. § 4907. Labeling (a) Regulations The Administrator shall by regulation des- ignate any product (or class thereof)— (1) which emits noise capable of adversely af- fecting 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) 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 pre- scribing of any regulation under this section. (c) State regulation of product labeling This section does not prevent any State or po- litical subdivision thereof from regulating prod- uct labeling or information respecting products in any way not in conflict with regulations pre- scribed by the Administrator under this section. (Pub. L. 92–574, § 8, Oct. 27, 1972, 86 Stat. 1241.) § 4908. Imports The Secretary of the Treasury shall, in con- sultation with the Administrator, issue regula- tions to carry out the provisions of this chapter with respect to new products imported or offered for importation. (Pub. L. 92–574, § 9, Oct. 27, 1972, 86 Stat. 1242.) § 4909. Prohibited acts (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 dis- tribute in commerce any new product manu- factured after the effective date of a regula- tion 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 re- moved or rendered inoperative by any person. (3) In the case of a manufacturer, to dis- tribute in commerce any new product manu- factured after the effective date of a regula-