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October 27, 1972
Pub. Law 92-574
86 STAT. 1244
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 Litigation pursuant to subsection (a) of this section, may award costs of litigation costs. (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" "Noise control 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.
RECORDS, REPORTS, AND INFORMATION
SEC. 13. (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 rep- Confidential resentatives pursuant to subsection (a) of this section, which infor- information. mation 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 con- 62 Stat. 791. sidered confidential for the purpose of that section, except that such Disclosure. information may be disclosed to other Federal officers or employees,
in whose possession 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.
RESEARCH, TECHNICAL ASSISTANCE, AND PUBLIC INFORMATION
SEC. 14. In furtherance of his responsibilities under this Act and to complement, as necessary, the noise-research programs of other Federal agencies, the Administrator is authorized to:
(1) Conduct research, and finance research by contract with any person, on the effects, measurement, and control of noise, including but not limited to
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Pub. Law 92-574
5 USC 5332
(A) investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and determination of acceptable levels of noise on the basis of such effects;
(B) development of improved methods and standards for measurement and monitoring of noise, in cooperation with the National Bureau of Standards, Department of Commerce;
(C) determination of the most effective and practicable means of controlling noise emission.
(2) Provide technical assistance to State and local governments to facilitate their development and enforcement of ambient noise standards, including but not limited to
(A) advice on training of noise-control personnel and on selection and operation of noise-abatement equipment; and (B) preparation of model State or local legislation for noise control.
(3) Disseminate to the public information on the effects of noise, acceptable noise levels, and techniques for noise measurement and control.
DEVELOPMENT OF LOW-NOISE-EMISSION PRODUCTS
SEC. 15. (a) 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 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 Committee to assist 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 Bureau of Standards, 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 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
October 27, 1972
Pub. Law 92-574
86 STAT. 1246
member is engaged upon work of the Committee. Each member of Travel expenses. 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 80 Stat. 499; intermittently.
(4) Certification under this section shall be effective for a period of one year from the date of issuance.
83 Stat. 190.
(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 Publication in notice of each application received. Federal Regis
(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 under subparagraph (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 Publication in subparagraph (F), the Administrator shall publish in the Federal Federal RegisRegister notice of such determination or decision, including reasons ter.
(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-noise-emission product shall be incorporated 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 eligible 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-emission 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 Statutory price products any statutory price limitations shall be waived.
(f) The Administrator shall, from time to time as he deems appro- waiver. priate, 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 certifi
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Pub. Law 92-574
October 27, 1972
cation 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.
Appropriation. (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.
Ante, p. 1239.
(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.
JUDICIAL REVIEW; WITNESSES
SEC. 16. (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 of 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 petition 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 criminal 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 Administration (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 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 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,
October 27, 1972
Pub. Law 92-574
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.
RAILROAD NOISE EMISSION STANDARDS
86 STAT. 1248
SEC. 17. (a) (1) Within nine months after the date of enactment Regulations. 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 Com- 27 Stat. 531. merce Act, and the Department of Transportation Act. Regulations 45 USC 1. promulgated under this section shall be subject to the provisions of 24 Stat. 379. 49 USC prec. 1 sections 10, 11, 12, and 16 of this Act. note.
(c) (1) Subject to paragraph (2) but notwithstanding any other 80 Stat. 931. provision of this Act, after the effective date of a regulation under 49 USC 1651 note. 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 or 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 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.