42 U.S.C. § 4905 — Noise emission standards for products

Page 6246 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4904 (c) Coordination of programs of Federal agen- cies; standards and regulations; status re- ports (1) The Administrator shall coordinate the programs of all Federal agencies relating to noise research and noise control. Each Federal agency shall, upon request, furnish to the Ad- ministrator such information as he may reason- ably require to determine the nature, scope, and results of the noise-research and noise-control programs of the agency. (2) Each Federal agency shall consult with the Administrator in prescribing standards or regu- lations respecting noise. If at any time the Ad- ministrator has reason to believe that a stand- ard or regulation, or any proposed standard or regulation, of any Federal agency respecting noise does not protect the public health and wel- fare to the extent he believes to be required and feasible, he may request such agency to review and report to him on the advisability of revising such standard or regulation to provide such pro- tection. Any such request may be published in the Federal Register and shall be accompanied by a detailed statement of the information on which it is based. Such agency shall complete the requested review and report to the Adminis- trator within such time as the Administrator specifies in the request, but such time specified may not be less than ninety days from the date the request was made. The report shall be pub- lished in the Federal Register and shall be ac- companied by a detailed statement of the find- ings and conclusions of the agency respecting the revision of its standard or regulation. With respect to the Federal Aviation Administration, section 44715 of title 49 shall apply in lieu of this paragraph. (3) On the basis of regular consultation with appropriate Federal agencies, the Administrator shall compile and publish, from time to time, a report on the status and progress of Federal ac- tivities relating to noise research and noise con- trol. This report shall describe the noise-control programs of each Federal agency and assess the contributions of those programs to the Federal Government’s overall efforts to control noise. (Pub. L. 92–574, § 4, Oct. 27, 1972, 86 Stat. 1235.) Editorial Notes CODIFICATION In subsec. (c)(2), ‘‘section 44715 of title 49’’ substituted for ‘‘section 611 of the Federal Aviation Act of 1958 (as amended by section 7 of this Act)’’ 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. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 7 on page 20 of House Document No. 103–7. § 4904. Identification of major noise sources (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 pub- lish criteria with respect to noise. Such criteria shall reflect the scientific knowledge most use- ful in indicating the kind and extent of all iden- tifiable 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 infor- mation 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) identi- fying 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 re- view and, as appropriate, revise or supplement any criteria or reports published under this sec- tion. (d) Publication in Federal Register Any report (or revision thereof) under sub- section (b)(1) identifying major noise sources shall be published in the Federal Register. The publication or revision under this section of any criteria or information on control techniques shall be announced in the Federal Register, and copies shall be made available to the general public. (Pub. L. 92–574, § 5, Oct. 27, 1972, 86 Stat. 1236.) § 4905. Noise emission standards for products distributed in commerce (a) Proposed regulations (1) The Administrator shall publish proposed regulations, meeting the requirements of sub- section (c), for each product— (A) which is identified (or is part of a class identified) in any report published under sec- tion 4904(b)(1) of this title as a major source of noise, (B) for which, in his judgment, noise emis- sion standards are feasible, and (C) which falls in one of the following cat- egories: (i) Construction equipment. (ii) Transportation equipment (including recreational vehicles and related equip- ment). (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 para- graph (1) shall be published not later than eight- Page 6247 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4905 een 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 identi- fied) as a major source of noise in any report published under section 4904(b)(1) of this title 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 after publication of the initial proposed regulations under subparagraph (A) of this para- graph, 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 judg- ment 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 publi- cation 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 pro- posed regulations published under paragraph (2)(A), or (ii) in the case of any other product, twen- ty-four months after the publication of the report under section 4904(b)(1) of this title 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 other- wise required The Administrator may publish proposed regu- lations, 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 stand- ards are feasible and are requisite to protect the public health and welfare. Not earlier than six months after the date of publication of such pro- posed regulations respecting such product, he may prescribe regulations, meeting the require- ments of subsection (c), for such product. (c) Contents of regulations; appropriate consid- eration of other standards; participation by interested persons; revision (1) Any regulation prescribed under subsection (a) or (b) of this section (and any revision there- of) 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 judg- ment, based on criteria published under section 4904 of this title, is requisite to protect the pub- lic 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 achiev- able through the application of the best avail- able technology, and the cost of compliance. In establishing such a standard for any product, the Administrator shall give appropriate consid- eration 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 et seq.], and the Federal Water Pollution Control Act [33 U.S.C. 1251 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 test- ing procedures necessary to assure compliance with the emission standard in such regulation, and may contain provisions respecting instruc- tions of the manufacturer for the maintenance, use, or repair of the product. (2) After publication of any proposed regula- tions under this section, the Administrator shall allow interested persons an opportunity to par- ticipate in rulemaking in accordance with the first sentence of section 553(c) of title 5. (3) The Administrator may revise any regula- tion 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 inter- est. (d) Warranty by manufacturer of conformity of product with regulations; transfer of cost ob- ligation from manufacturer to dealer prohib- ited (1) On and after the effective date of any regu- lation prescribed under subsection (a) or (b) of this section, the manufacturer of each new prod- uct to which such regulation applies shall war- rant to the ultimate purchaser and each subse- quent 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 para- graph (1) of this subsection shall be borne by the manufacturer. The transfer of any such cost ob- ligation from a manufacturer to any dealer through franchise or other agreement is prohib- ited. (3) If a manufacturer includes in any adver- tisement a statement respecting the cost or value of noise emission control devices or sys- tems, 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]. (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 emis- sions from such new product and which is not identical to such regulation of the Adminis- trator; or 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-