Subsection 611(b) (1) is amended to direct that the Administrator of EPA be consulted for his advice before standards or regulations are promulgated or amended. However, all standards, rules, or regulations (or exceptions thereto) in effect at the date of the enatcment of the bill remain in effect until amended or revoked by subsequent action (including granting an exemption) under the new procedures.

New subsection 611(b) (2) directs that after enactment of this bill the Administrator of the FAA cannot issue an original type certificate for any aircraft for which substantial noise abatement can be achieved by prescribing standards and regulations unless such standards and regulations have been prescribed and are consistent with the redesignated subsection (d). Under that subsection the Administrator of FAA must consider all relevant available data; consult with orther governmental agencies as he deems appropriate; consider whether such standards or regulations are consistent with the highest degree of safety; consider whether such standards or regulations would be economically reasonable and technologically practicable; and consider the extent to which they will carry out the purposes of section 611. Under the new subsection 611(c) if the Administrator of the EPA has reason to believe that (1) an existing or proposed standard or regulation of the FAA under Section 611, or exemption therefrom, or (2) the issuance of an original type certificate for which noise abatement standards or regulations have not been prescribed, does not protect the public from aircraft noise consistent with the considerations in redesignated subsection (d) he shall consult with and may request the Administrator of the FAA to review and report on the advisability of revising such standard, regulation or exemption or of the advisability of issuance of a type certificate as the case may be. Such a request, which must include supporting data, may be published in the Federal Register. Except where EPA proposes specific action which the FAA agrees to take, the report of the FAA must be published in the Federal Register within a time specified by the Administrator of the EPA (but he may not specify less than 90 days). The published report must be accompanied by a detailed statement of findings and reasons for the conclusions, must identify any environmental impact statement filed under the National Environmental Policy Act of 1969 which relates to the action, standard or regulation in question, and provide information respecting the availability of such statement. If, in the case of a standard, regulation or exemption therefrom, an environmental impact statement was not required and if the report indicates no revision should be made, then the published report must (if EPA so requests) contain a comparison of the environmental effects of the existing or proposed standard, or regulation or exemption therefrom and the revision proposed by the Administrator of the EPA.

If the action contested by the EPA is the issuance of an original type certificate for which an environmental impact statement was not filed and the FAA report indicates that such a certificate should not be preceded by a noise standard or regulation, the Administrator of the FAA must file a statement similar to an environmental impact statement if requested to do so by the Administrator of the EPA. (The exemptions to which this section refers include exemptions from noise standards and regulations, granted under section 601 (c), and exemptions from section 610(a) granted under section 610(b), [p. 15]

to the extent the exemption under section 610(b) has the effect of relieving foreign airmen or aircraft from compliance with noise standards or regulations under section 611.)

Section 8. Labeling

Section 8 authorizes Federal noise labeling requirements for products distributed in commerce. Subsection 8(a) directs the Administrator by regulation to designate any product (or class thereof) which (1) emits noise capable of adversely affecting the public health and welfare, or (2) is sold at least in part on the basis of its effectiveness in reducing noise. Such products are not limited to those for which standards have been set in section 6 or for which a control technology report has been developed under section 5. For a product so designated, subsection 8(b) directs the Administrator to require by regulation that notice be given to the prospective user of the level of noise emission, or of the effectiveness in reducing noise, as the case may be. Such regulations must specify (1) whether such notice will 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 will 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.

Subsection 8(c) leaves intact any existing powers of the States and their political subdivision to regulate product labeling and information respecting products in any way not in conflict with Federal regulations. This section affords the Administrator wide latitude in the drafting of regulations concerning notification of noise levels. In the case of a mass production product such as automobiles, the Committee bill does not require that each individual must be tested and the specific noise level of such unit be included in a special label on that unit. For example, the Administrator may issue regulations providing for measuring a representative sample of automobiles which will provide information on the maximum amount of noise that is likely to be emitted from any given product.

Section 9. Imports

Section 9 directs the Secretary of the Treasury, in consultation with the Administrator, to issue regulations to carry out the provisions of the bill with respect to new products imported or offered for importation.

Section 10. Prohibited Acts

Section 10 sets forth certain acts which are prohibited by the bill. Paragraph 10(a)(1) forbids any manufacturer to distribute in commerce any new product manufactured after the effective date of applicable noise regulations under section 6 applicable to the product, except in conformity with such regulations.

Paragraph 10(a) (2) forbids any person (1) to remove or render inoperative, other than for maintenance, repair, or replacement, any device or element of design incorporated into a product in compliance with noise regulations prescribed under section 6, or (2) to use a product after such device or element of design has been removed or rendered inoperative by any person.

Paragraph 10(a) (3) forbids any manufacturer to distribute in commerce any new product manufactured after the effective date of labeling regulations under section 8 that apply to such product, except in conformity with such regulations.

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Paragraph 10(a) (4) forbids any person, prior to sale of a product to the ultimate purchaser, to remove a notice affixed to the product or its container pursuant to labeling regulations prescribed under section 8(b).

Paragraph 10(a) (5) forbids the importation into the United States of any products in violation of regulations under section 9, discussed above, relating to imports.

Paragraph 10(a) (6) forbids any person to fail to comply with the provisions of section 13(a), discussed below, respecting required records, reports, and tests.

Subsection 10(b) allows two exceptions to certain of these prohibitions: (1) The Administrator is authorized to exempt for a specified period of time any new product 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, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security. (2) A product which is manufactured solely for export, and which product (and its container) is visibly labeled or tagged to that effect, is exempted from the prohibitions of paragraphs (1), (2), (3), and (4) of subsection (a), except that such paragraphs shall apply to such a product if it is in fact distributed in commerce for use in any State.

Section 11. Enforcement

Section 11 provides for enforcement of the prohibitions set out in subsection 10(a) of this Act. Paragraph 11(a)(1) establishes a civil penalty of not more than $25,000 for each violation of subsection 10(a). This provision provides for the imposition of the civil penalty (1) by the Administrator and the collection thereof in a civil action brought by the Federal Government in a district court in a proceeding under this section, or (2) by a State, with an agreement under subsection 11(c), discussed below, through civil action in a State court. Section 11(a)(1) (B) provides that a person who does any act in violation of paragraph (1), (2), or (3) of section 10(a), and who establishes that he did not have reason to know in the exercise of due care that such act was in violation of that paragraph, shall not be subject to a civil penalty under this subsection.

Paragraph 11(a) (2) provides that in any proceeding by the Administrator (or a State) for imposition of a civil penalty, the person charged must be given notice and an opportunity to present his views, and the Administrator (or such State), in determining the penalty or the amount accepted in compromise, must consider the gravity of the violation and the efforts of the person charged to achieve rapid compliance after notification of the violation.

Paragraph 11(a) (3) provides that when a civil penalty is imposed by the Administrator under this subsection, if his determination of liability is made on the record after notice and opportunity for hearing, then in any civil action to collect such civil penalty any findings of facts upon which the above determination is based are conclusive if supported by substantial evidence on the record considered as a whole.

This section gives the Administrator two procedural alternatives for assessing civil penalties. He may assess a penalty by giving the violator notice and an opportunity to present his views, and then by collecting the penalty in a full de novo trial in the court in which

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the collection action is brought. Alternatively, he may give the violator a full administrative hearing on the violation, and make his determination of liability on the record after notice and opportunity for hearing. In this case, in any civil action to collect the civil penalty, the Administrator's findings of fact would be reviewed under the substantial evidence rule.

For the purpose of imposing cumulative penalties, each day of violation of any paragraph of section 10(a) will be a separate violation under paragraph 11(a) (4).

Subsection 11(b) authorizes the United States to bring a civil action in the district courts of the United States to restrain any violations of section 10(a) of the bill.

Subsection 11 (c) allows the Administrator, when authorized by State law, to make an agreement with a State, with or without reimbursement, authorizing appropriate State officials to impose civil penalties under subsection (a)(1) above, and to bring civil actions in appropriate State courts to impose civil penalties or restrain violations under section 10(a), and the courts of such State may entertain any such civil action. Any civil penalty imposed by a State court is payable one-half to the State and one-half to the Federal Government. Subsection 11(d) exempts any department, agency, or instrumentality of the United States from the definition of "person" in section 3(2) of this Act.

Section 12. Citizen suits

Section 12 provides a procedure for citizen suits in furtherance of the purpose of the Act to protect the public health and welfare.

Subsection 12(a) allows any person (other than the United States) to commence a civil action on his own behalf, subject to subsection (b), discussed below, against (1) any person (including the United States, and any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is allegedly in violation of any noise control requirement, discussed below under subsection (e), or (2) against the Administrator of EPA or the Administrator of FAA for an alleged failure to carry out non-discretionary duties under their respective authorities. The Federal district courts are given jurisdiction, without regard to the amount in controversy, to restrain the defendant from violating the noise control requirement or to order the defendant Administrator to perform such act or duty, as the case may be.

Subsection 12(b) restricts the above action (1) prior to 60 days after notice to the Administrator of EPA (and of FAA, when appropriate) when there is a violation of a noise control requirement and to any alleged violator of such requirement, or if an Administrator has commenced and is diligently prosecuting a civil action to require such compliance, in which case any person may intervene as a matter of right, or (2) prior to sixty days after notice has been given to the Administrator of EPA (and of FAA, if appropriate), as the defendant, that such action will be commenced. Any notice must be given in accordance with regulations prescribed by the Administrator of EPA. Subsection 12(c) provides that an Administrator, if not a party, may intervene as a matter of right.

Subsection 12(d) makes it clear that no provision of this section restricts any right of any person to institute proceedings under any

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statute or common law to seek enforcement of any noise control requirement or other relief.

Under subsection 12(e) "noise control requirement" is defined for purposes of this section as any provision of section 10(a) (except paragraph (6), relating to recordkeeping, etc.), or a standard rule, or regulation under section 611 of the Federal Aviation Act of 1958.

The provisions in section 12 with respect to citizen suits against violators of noise control requirements are intended to apply only to civil actions to require actual compliance with such a requirement. Actions for the assessment or collection of civil penalties are governed ✔ solely by section 11.

Section 13. Records, reports, and information

Subsection 13(a) requires every manufacturer of a product covered by standards under section 6 or labeling regulations under section 8 to (1) 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 the bill, (2) permit, upon request, a representative of the Administrator to view such information and the results of such tests and to copy such records, and (3) make products coming off the assembly line or otherwise in the hands of the manufacturer available for testing by the Administrator to the extent required by the regulations.

Subsection 13(b) provides that all information obtained by the Administrator or his representatives pursuant to the above subsection if it contains or relates to a matter referred to as confidential section 1905 of title 18 of the United States Code, shall be protected from disclosure as provided in that section, except that it may be disclosed to other Federal employees, with whom it must remain confidential or when relevant to the matter in controversy in any proceeding under the proposed act. Such information cannot be withheld from the duly authorized committees of Congress.

Section 14. Research, technical assistance, and public information

Section 14 authorizes the Administrator of EPA, in furtherance of his responsibilities under the bill, to conduct and assist noise research, to provide technical assistance to State and local governments, and to disseminate information on noise to the public.

Section 15. Development of low-noise-emission products

This section encourages the use of present technology and further research to develop low-noise-emission products.

To accomplish this objective the Administrator is directed to determine which products qualify as low-noise-emission products. For a product or class of products to qualify, a proper certification application must be filed under procedures prescribed by regulation and a notice of such application must be published in the Federal Register in order for the Administrator to receive and evaluate comments and make a determination based upon such evaluation and whatever other investigation is necessary, including inspection at a place designated in the regulations. The Administrator has authority to establish a Low-Noise-Emission Advisory Committee to assist him in determining which products qualify. Within ninety days after receipt of a properly filed certification application a determina

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