Noise Control Act of 1972

NOISE CONTROL ACT OF 1972

HISTORY:
Public Law 92-574, Oct. 27, 1972; 86 Stat. 1234; 42 USC
4901 et seq.; Amended by PL 94-301, May 31, 1976; PL 95-609, Nov. 8,
1978; PL 100-418, Aug. 23, 1988

SEC. 1 [42 U.S.C. 4901 nt], Short Title.
This Act may be cited as the "Noise Control Act of 1972."

SEC. 2 [42 U.S.C. 4901]Findings and Policy.
(a) The Congress finds-(1) that inadequately controlled noise presents a growing danger to
the health and welfare of the Nation's population, particularly in urban
areas;
(2) that the major sources of noise include transportation vehicles
and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with
State and local governments, Federal action is essential to deal with
major noise sources in commerce control of which require national
uniformity of treatment.
(b) The Congress declares that it is the policy of the United States
to promote an environment for all Americans free from noise that
jeopardizes their health or welfare. To that end, it is the purpose of
this Act to establish a means for effective coordination of Federal
research and activities in noise control, to authorize the establishment
of Federal noise emission standards for products distributed in commerce,
and to provide information to the public respecting the noise emission
and noise reduction characteristics of such products.

SEC. 3 [42 U.S.C. 4902] Definitions.
For purposes of this Act:
(1) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(2) The term "person" means an individual, corporation, partnership,
or association, and (except as provided in sections 11(e) and 12(a))
includes any officer, employee, department, agency, or instrumentality of

the United States, a State, or any political subdivision of a State.

(3) The term "product" means any manufactured article of goods or
component thereof; except that such term does not include--

(A) any aircraft, aircraft engine, porpeller, or appliance, as such
terms are defined in section 101 of the Federal Aviation Act of 1958; or

(B)(i) any military weapons or equipment which are designed for combat
use;
(ii) any rockets or equipment which are designed for research,
experimental, or developmental work to be performed by the National
Aeronautics and Space Administration; or

(iii) to the extent provided by regulations of the Administrator, any
other machinery or equipment designed for use in experimental work done
by or for the Federal Government.

(4) The term "ultimate purchaser" means the first person who in good
faith purchases a product for purposes other than resale.

(5) The term "new product" means

(A) a product the equitable or legal title of which has never been
transfered to an ultimate purchaser, or

(B) a product which is imported or offered for importation into the
United States and which is manufactured after the efffective date of a
regulation under section 6 or section 8 which would have been applicable
to such product had it been manufactured in the United States.

(6) The term "manufacturer" means any person engaged in the
manufacturing or assembling of new products, or the importing of new
products for resale, or who acts for, and is controlled by, any such
person in connection with the distribution of such products.

(7) the term "commerce" means trade, traffic, commerce, or
transportation--

(A) between a place in a State and any place outside thereof, or

(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).

(8) The term "distribute in commerce" means sell in, offer for sale
in, or introduce or deliver for introduction into, commerce.

(9) The term "State" includes the District of Columbia, the
commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Trust Territory of the Pacific Islands.

(10) The term "Federal agency" means an executive agency (as defined
in section 105 of title 5, United State Code) and includes the United
States Postal Service.

(11) The term "environmental noise" means the intensity, duration, and
the character of sounds from all sources.

SEC. 4 [42 U.S.C. 4903] Federal Programs.

(a) The Congress authorizes and directs that Federal agencies shall,
to the fullest extent consistent with their authority under Federal laws
administered by them, in such a manner as to further the policy declared
in section 2(b).
(b) Each department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal Government--

(1) having jurisdiction over any property or facility, or

(2) engaged in any activity resulting, or which may result, in the
emission of noise, shall comply with Federal, State, interstate, and
local requirements respecting control and abatement of environmental
noise to the same extent that any person is subject to such requirements.
The President may exempt any single activity or facility, including noise
emission sources or classes thereof, of any department, agency, or
instrumentality in the executive branch from compliance with any such

requirment if he determines it to be in the paramount interest of the
United States to do so; except that no exemption, other than for those
products referred to in section 3(3)(B)of this Act, may be granted from
the requirements of sections 6, 17, and 18 of this Act. No such exemption
shall be granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the budgetary
process and the Congress shall have failed to make available such
requested appropriation. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for periods
of not to exceed one year upon the President's making a new
determination. The President shall report each January to the Congress
all exemptions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting such
exemption.

(c)(1) The Admininstator shall coordinate the programs of all Federal
agencies relating to noise research and noise control. Each Federal
agency shall, upon request, furnish to the Administrator such information
as he may reasonably 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 regulations respecting noise. If at any time the
Administrator has reason to believe that a standard or regulation, or any
proposed standard or regulation, of any Federal agency respecting noise
does not protect the public health and welfare to the extent he believes
to be required and feasible, he may request such agency to review and
report to him on the advisabllity of revising such standard or regulation
to provide such protection. 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 Administrator 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 published in the Federal Register and shall be accompanied by a
detailed statement of the findings and conclusions of the agency
respecting the revision of its standard or regulation. With respect to
the Federal Aviation Administration, section 611 of the Federal Aviation
Act of 1958 (as amended by section 7 of this Act) shall apply in lieu of
this paragraph.
(3) On the basis of regular consultation with appropriate Federal
agencies, the Admininstrator shall compile and publish, from time to
time, a report on the status and progress of Federal activities relating
to noise research and noise control. 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.

SEC. 5 [42 U.S.C. 4904]Identification of Major Noise Sources; Noise
Criteria and Control Technology.
(a)(1) The Administrator shall, after consultation with appropriate
Federal agencies and within nine months of the date of the enactment of
this Act, 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 the date of the enactment of
this Act, 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) 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 the date of enactment of
this Act.
(c) The Administrator shall from time to time review and, as
appropriate, revise or supplement any criteria or reports published under
this section.

(d) 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 this section of any criteria
or information on control techniques shall be anounced in the Federal
Register, and copies shall be made available to the general public.

SEC. 6 [42 U.S.C. 4905]Noise Emission Standards for Products
Distributed in Commerce.

(a)(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 5(b)(1)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 catergories:

(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 electonic equipment.

(2)(A) Initial proposed regulations under paragraph (1) shall be
published not later than eighteen months after the date of enactment of
this Act, 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 5(b)(1) on or before the date
of publication of such initial proposed regulations.

(B) In 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 5(b)(1) 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 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 the date of enactment of this Act, 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 5(b)(1)identifying it (or a class
of products of which it is a part) as a major source of noise.

(b) 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)(1) Any regulation prescibed 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 5, 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 the National Traffic and Motor Vehicle Safety Act of 1966, the
Clean Air Act, and the Federal Water Pollution Control Act. 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, United States Code.

(3) The Administrator may revise any regulation prescribe 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)(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 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.

(e)(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 Adminstrator; 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 17 and 18, 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) 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.
[6(f) added by PL 95-609, Nov. 8, 1978]

SEC. 7 Aircraft Noise Standards.

(a) The Administrator, after consultation with appropriate Federal,
State, and local agencies and interested persons, shall conduct a study
of the
(1) adequacy of Federal Aviation Administration flight and operational noise controls;
(2) adequacy of noise emission standards on new and existing aircraft, together with
recommendations on the retrofitting and phaseout of existing aircraft;
(3) implications of identifying and achieving levels of cumulative noise exposure around airports;
and
(4) additional measures available to airport operators and local governments to control aircraft
noise. He shall report on such study to the Committee on Interstate and Foreign Commerce of the
House of Representatives and Committees on Commerce and Public Works of the Senate within nine
months after the date of the enactment of this Act.
(b) [Omitted]

[EDITOR'S NOTE: Section 7(b) of this Act revised Section 611 of the Federal Aviation Act,
concerning control and abatement of aircraft noise.]

(c) All-(1) standards, rules and regulations prescibed under section 611 of the Federal Aviation Act of
1958, and
(2) exemptions, granted under any provision of the Federal Aviation Act of 1958, with respect to
such standards, rules, and regulations,
which are in effect on the date of the enactment of this Act, shall continue in effect according to their
terms until modified, terminated, superseded, set aside, or repealed by the Administrator of the
Federal Aviation Adminstration in the exercise of any authority vested in him, by a court of competent
jurisdiction, or by operation of law.

SEC. 8 [42 U.S.C. 4907] Labeling.
(a) The Administrator shall by regulation designate any product (or class thereof)-(1) which emits noise capable of adversely affecting the public health or welfare; or
(2) which is sold wholly or in part on the basis of its effectiveness in reducing noise.
(b) 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. Sections 6(c)(2) shall apply to the
prescribing of any regulation under this section.
(c) This section does not prevent any State of political subdivision thereof from regulating product
labeling of information respecting products in any way not in conflict with regulations prescribed by
the Administrator under this section.

SEC. 9 [42 U.S.C. 4908] Imports.
The Secretary of the Treasury shall, in consultation with the Administrator, issue regulations to carry
out the provisions of this Act with respect to new products imported or offered for importation.

SEC. 10 [42 U.S.C. 4909] Prohibited Acts.
(a) Except as otherwise provided in subsection (b), the following act 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 6which is applicable to
sssuch product, except in conformity with such regulation.
(2)(A) The removal or rending inoperative by a person, other than for purpose of maintenance,
repair, or replacement, of any device or element of design incorporated into any product in
compliance with regulations under section 6, 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 deviceor 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 8(b) (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 8(b), prior to sale of the product to the ultimate purchaser.
(5) The importation into the United States by any person of any new product in violation of an
regulation prescribed under section 9 which is applicable to such product.
(6) The failure or refusal by any person to comply with any requirement of section 11(d) or 13(a) or
regulations prescribed under section 13(a), 17, or 18.
(b)(1) For the purpose of research, investigations, studies, demonstrations, or training, or for
reasons of national security, the Administrator may exempt for a specified period of time any product,
or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and
conditions as he may find necessary to protect the public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product
which is manufactured solely for use outside any State and which (and the container of which) is
labeled or otherwise marked to show that it is manufactured solely for use outside any State; except
that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any
State.

SEC. 11 [42 U.S.C. 4910] Enforcement.
(a)(1) Any person who willfully or knowingly violates paragraph (1), (2), (3), (5),or (6) of subsection
(a) of section 10 of this Act shall be punished by a fine of not more than $25,000 per day of violation,
or by imprisonment for not more than one year, or by both. If the conviction is for a violation
committed after a first conviction of such person under this subsection, punishment shall be by a fine
of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by
both.

(2) Any person who violates paragraph (1), (3), (6) or subsection (a) of Section 10 of this Act shall
be subject to a civil penalty not to exceed $10,000 per day of such violation.
[11(a)(1) redesignated and (2) added by PL 95-609, Nov. 8, 1978]
(b) For the purpose of this section, each day of violation of any paragraph of section 10(a) shall
constitute a separate violation of that section.
(c) The district courts of the United States shall have jurisdiction of actions brought by and in the
name of the United States to restrain any violation of section 10(a) of this Act.
(d)(1) Whenever any person is in violation of section 10(a) of this Act, The Administrator may issue
an order specifying such relief as he determines is necessary to protect the public health and welfare.
(2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in
accordance with section 554 of the title 5 of the United States Code.
(e) The term "person," as used in this section, does not include a department, agency, or
instrumentality of the United States.

SEC. 12 [42 U.S.C. 4911] Citizen Suits.
(a) Except as provided in subsection (b), any person (other than the United States) may commence
a civil action on his own behalf-(1) against any person (including
(A) the United States, and
(B) any other governmental instrumental or agency to the extent permitted by the eleventh
amendment to the Constitution)
who is alleged to be in violation of any noise control requirement (as defined in subsection (e), or
(2) against-(A) the Administrator of the Environmental Protection Agency where there is alleged a failure of
such Administrator to perform any act or duty under this Act which is not discretionary with such
Administrator, or
(B) the Administrator of the Federal Aviation Administraton where there is alleged a failure of such
Administrator to perform any act or duty under section 611 of the Federal Aviation Act of 1958 which
is not discretionary with such Administrator.
The district courts of the United States shall have jurisdiction, without regard to the amount in
controversy, to restrain such person from violating such noise control requirement or to order such
Administrator to perform such act or duty, as the case may be.
(b) No action may be commenced-(1) under subsection (a)(1)--

(A) prior to sixty days after the plaintiff has given notice of the violation
(i) to the Administrator of the Emvironmental Protection Agency (and to the Federal Aviation
Administrator in the case of a violation of a noise control requirement under such section 611) and
(i) to any alleged violator of such requirement, or
(B) if an Administrator has commenced and is diligently prosecuting a civil action to require
compliance with the noise control requirement, but in any such action in a court of the United States
any person may intervene as a matter of right or
(2) under subsection (a)(2) prior to sixty days after the plaintiff has given notice to the defendant
that he will commence such action.
Notice under this subsection shall be given in such manner as the Administrator of the
Environmental Protection Agency shall prescribe by regulation.
(c) In an action under this section, the Adminstrator of the Environmental Protection Agency, if not a
party, may interview as a matter of right. In an action under this section respecting a noise control
requirement under section 611 of the Federal Aviation of 1958, the Administrator of the Federal
Aviation Administration, if not a party, may also intervene as a matter of right.
(d) The court, in issuing any final order in any action 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) 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 enforcement of any noise control requirement or to seek
any other relief (including relief against an Administrator).
(f) For purposes of this section, the term "noise control requirement" means paragraph (1), (2),
(3),(4), or(5) of section 10(a), or a standard, rule, or regulation issued under section 17 or 18 of this
Act or under section 611 of the Federal Aviation Act of 1958.

SEC. 13 [42 U.S.C. 4912] Records, Reports, and Information.
(a) Each manufacturer of a product to which regulations under section 6 or section 8 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 determine whether such
manufacturer has acted or is acting in compliance with this Act.
(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 results 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)(1) All information obtained by the Administrator or his representatives pursuant to subsection (a)
of this section, which information contains or relates to a trade secret or other matter referred to in
section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of
that section, except that such information may be disclosed to other Federal officers or employees, in
whose posssession it shall remain confidential, or when relevant to the matter in controversy in any
proceeding under this Act.
(2) Nothing in this subsection shall authorize the withholding of information by the Administrator, or
by any officers or employees under his control, from the duly authorized committees of the Congress.
(c) 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 Act or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required to be maintained under this Act, 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.

SEC. 14 [42 U.S.C. 4913] Quiet Communities, Research, Public Information.
To promote the develoopment of effective State and local noise control programs, to provide an
adequate Federal noise control research program designed to meet the objectives of this Act, and to
otherwise carry out the policy of this Act, the Administrator shall, in cooperation 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 control 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 determination of dose/response
relationships suitable for use in decision-making, with special emphasis on the nonauditory effects of
noise;
(2) investigation, development, and demonstration of noise control technology for products subject
to possible regulation under sections 6, 7, and 8 of this Act;
(3) investigation, development, and demonstration 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 emission charges)
in the control of noise;
(c) administer a nationwide Quiet Communities Program which shall include, but not be limited to--

(1) grants to States, local govenments, and authorized regional planning agencies for the purpose
of-(A) identifying and determining the nature and extent of the noise problem within the subject
jurisdiction;
(B) planning, developing, and establishing a noise control capacity in such juridiction, including
purchasing initial equipment;
(C) developing abatement plans for areas around major transportation facilities (including airports,
highways, and rail yards) and other major stationary sources of noise, and, where appropriate, for the
facility or source itself; and,
(D) evaluating techniques for controlling noise (including institutional arrangements) and
demonstrating the best available 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 communities assure that their data
collection activities are accurate;
(4) conduct of studies and demonstrations to determine the resource and personnel needs of States
and local governments required for the establishment and implementation of effective noise
abatement and control programs; and
(5) development of educational and training materials and programs, including national and regional
workshops, to support State and local noise abatement and control programs; except that no actions,
plans or programs hereunder shall be inconsistent with existing Federal authority under this Act to
regulate sources of noise in interstate commerce;
(d) develop and implement a national noise environmental assessment program to identify trends in
noise exposure and response, ambient levels, and compliance data and to determine 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 university and
private organizations to assist State and local noise control programs;
(f) provide technical assistance to State and local governments to facilitate their development and
enforcement of noise control, including direct onsite assistance of agency or other personnel with
technical expertise, and preparation of model State or local legislation for noise control; and
(g) provide for the maxmum use in programs assisted under this section of senior citizens and
persons eligible for participation in programs under the Older Americans Act.
[14 amended by PL 95-609, Nov. 8, 1978]

SEC. 15 [42 U.S.C. 4914] Development of Low-Noise-Emission Products.

(a) For the purpose of this section:
(1) The term "Commiittee" 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 6 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)(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 Commmittee to asist
him in determining which products qualify 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 Technology, and representatives of such other Federal agencies
and private individuals as the Administrator may deem necessary from time to time. Any member of
the Committee not employed on a fulltime 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, United States Code, for persons in the Government service employed intermittently.
[15(b)(3) amended by PL 100-418,]
(4) Certification under this section shall be effective 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 accordance with regulations prescribed by the Administrator.
(B) The Administrator shall publish in the Federal Register a notice of each application received.

(C) The Administrator shall make determinations for the purpose of this section in accordance with
procedures prescribed by him by regulation.
(D) The Administrator shall conduct whatever investigation is necessary, including actual inspection
of the product at a place designated in regulations prescribed undersubparagraph (A).
(E) The Administrator shall receive and evaluate written comments and documents from interested
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 Administrator
shall determine whether such product is a low-noise-emission product for purposes of this section. If
the Administrator determines that such product is a low-noise-emission product, 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 Federal Government for use by its agencies.
(G) Immediately upon making any determination or decision under subparagraph (F), the
Administrator shall publish in the Federal Register notice of such determination or decision, including
reason therefor.
(c)(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-noiseemission product shall be incoporated in any contract for the procurement of such product.
(d) The procuring agency shall be required to purchase 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 purchasing
selections between competing eligble certified low-noise-emission products, the procuring agency
shall give priority to any class or model which does not require extensive periodic maintenance to
retain its low-noise-emisson qualities or which does not involve operating costs significantly in excess
of those products for which it is a certified substitute.
(e) For the purpose of procuring certified low-noise-emission products any statutory price limitations
shall be waived.
(f) 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 exceed 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 Administrator, he may order the supplier to show cause why the product involved should be
eligible for recertification.

(g) There are authorized to be appropriated for paying additional amounts for products pursuant 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 transition period of July 1, 1976, through September 30,
1976, and $2,420,000 for the fiscal year ending September 30, 1977.
(h) The Administrator shall promulgate the procedures required to implement this section within one
hundred and eighty days after the date of enactment of this Act.

SEC. 16 [42 U.S.C. 4915] Judicial Review; Witnesses.
(a) A petition for review of action of the Administrator of the Environmental Protection Agency in
promulgating any standard or regulation under section 6, 17, or 18 or this Act or any labeling
regulation under section 8 of this Act may be filed only in the United States Court of Appeals for the
District of Columbia Circuit, and a petiton for review of action of the Administrator of the Federal
Aviation Administration in promulgating any standard or regulation under section 611 of the Federal
Aviation Act of 1958 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 subject to judicial review in civil or crimminal
proceedings for enforcement.
(b) If a party seeking review under this Act applies to the court for leave to adduce additional
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 Administrator (as
the case may be), the court may order such additional evidence (and evidence 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 findings, and his recommendation, if any, for the modification or
setting aside of his original order, with the return of such additional evidence.
(c) With respect to relief pending review of an action by either Administrator, no stay of an agency
action may be granted unless the reviewing court determines that the party seeking such stay is
(1) likely to prevail on the merits in the review proceeding and
(2) will suffer irreparable harm pending such proceeding.
(d) For the purpose of obtaining information to carry out this Act, the administrator of the
Environmental 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 contumacy 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 transacts 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 papers, books, and documents before the Administrator, or
both, and any failure to obey such order of the court may be punished by such court as a contempt
thereof.

SEC. 17 [42 U.S.C. 4916] Railroad Noise Emission Standards.
(a)(1) Within nine months after the date of enactment of this Act, 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 6 of this Act.
(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 16 of this Act, 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 cost of compliance within such period.
(b) The Secretary of Transportation, after consultation with the Administrator, shall promulgate
regulations to insure compliance with all standards promulgated by the Administrator under this
section. The Secretary of Transportation shall carry out such regulations through the use of his
powers and duties of enforcement and inspection authorized by the Safety Appliance Acts, the
Interstate Commerce Act, and the Department of Transportation Act. Regulations promulgated under
this section shall be subject to the provisions of sections 10, 11, 12 and 16 of this Act.
(c)(1) Subject to paragraph (2) but notwithstanding any other provisions of this Act, after the
effective date of a regulation under this section applicable to noise emissions resulting from the
operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad,
no State or political subdivision thereof may adopt of enforce any standard applicable to noise
emissions resulting from the operation of the same equipment or facility of such carrier unless such
standard is identical to a standard applicable to noise emissions resulting from the operation of any
equipment of facility of a surface carrier engaged in interstate commerce by railroad, no State or
political subdivision thereof may adopt or enforce any standard applicable to noise emissions
resulting from the operation fo the same equipment or facility of such carrier unless such standard is
identical to a standard applicable to noise emissions resulting from such operation prescribed by any
regulation under this se
ction.
(2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision
thereof to establish and enforce standards or controls on levels of environmental noise, or to control,
license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after
consultation with the Secretary of Transportation, determines that such standard, control, license,

regulation, or restriction is necessitated by special local conditions and is not in conflict with
regulations promulgated under this section.
(d) The terms "carrier" and "railroad" as used in this section shall have the same meaning as such
terms have under the first section of the Act of February 17, 1911 (45 U.S.C. 22).

SEC. 18 [42 U.S.C. 4917] Motor Carrier Noise Emission Standards.
(a)(1) Within the nine months after the date of enactment of this Act, the Administrator shall publish
proposed noise emission regulations for motor carrier engaged in interstate commerce. Such
proposed regulations shall include noise emission standards setting such limits on noise emission
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
proposed under section 6 of this Act.
(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 16 of this Act, the
Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in
accordance with this subsection.
(3) Any standard of regulation, or revision thereof, proposed under this subsection shall be
promulgated only after consultation with the Secretary of Transportation in order to assure
appropriate consideraton 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 cost of compliance within such period.
(b) The Secretary of Transportation, after consultation with the Administrator shall promulgate
regulations to insure compliance with all standards promulgated by the Administrator under this
section. The Secretary of Transportation, shall carry out such regulations through the use of his
powers and duties of enforcement and inspection authorized by the Interstate Commerce Act and the
Department of Transportation Act. Regulations promulgated under this section shall be subject to the
provisions of sections 10, 11, 12, and 16 of this Act.
(c)(1) Subject to paragraph (2)of this subsection but notwithstanding any other provision of this Act,
after the effective date of a regulation under this section applicable to noise emissions resulting from
the operation of any motor carrier engaged in interstate commerce, no State or political subdivison
thereof may adopt or enforce any standard applicable to the same operation of such motor carrier,
unless such standard is identical to a standard applicable to noise emissions resulting from such
operation prescribed by any regulation under this section.
(2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision
thereof to establish and enforce standards or controls on levels of environmental noise, or to control,
license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after
consultation with the Secretary of Transportation determines that such standard, control, license,
regulation, or restriction is necessitated by special local conditions and is not in conflict with
regulations promulgated under this section.

(d) For purposes of this section, the term "motor carrier" includes a common carrier by motor
vehicle, a contract carrier by motor vehicle, and a private carrier of property by motor vehicle as those
terms are defined by paragraphs (14), (15), and (17) of section 203(a) of the Interstate Commerce Act
(49 U.S.C. 303(A)).

SEC. 19 [42 U.S.C. 4918] Authorization of Appropriations.
There are authorized to be appropriated to carry out this Act (other than for research and
development) $15,000,000 for the fiscal year ending September 30, 1979.
[19 amended by PL 94-301, May 31, 1976; revised by PL 95-609, Nov. 8, 1978]

Copyright 1996 The Bureau of National Affairs, Inc.