That when such dealer's preparatory or final
assembly work involves modifications which
increase the noise emission characteristics of
such product, such dealer shall then be con-
sidered a manufacturer of such product for
the purposes of this title and title V of this
Act.

"(h) The term 'commerce' means trade,
traffic, commerce, or transportation-

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

"(2) which affects trade, traffic, commerce,
or transportation described in paragraph (1)
of this subsection.

"(i) The term 'State' includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, the Canal Zone,
American Samoa, Guam, and the Trust Ter-
ritory of the Pacific Islands.

"(J) The term 'Federal agency' means any
department, agency, or instrumentality of
the United States including the United
States Postal Service.

"(k) The term 'environmental noise con-
trol agency' means any of the following:

"(1) A single State agency designated by
the Governor of that State as the official
State environmental noise control agency
for purposes of this Act:

"(2) An agency established by two or more
States and having substantial powers or du-
ties pertaining to the prevention and control
of environmental noise;

"(3) A city, county, or other local govern-
ment authority charged with responsibility
for enforcing ordinances or laws relating to
the prevention and control of environmental
noise; or

"(4) An agency of two or more munici-
palities located in the same State or in dif-
ferent States and having substantial powers
or duties pertaining to the prevention and
control of environmental noise.

"(1) The term 'municipality' means a city,
town, borough county, parish, district, or

"(3) encourage, cooperate with, and render
technical services (including the drafting of
model ordinances) and provide financial as-
sistance to environmental noise control agen-
cies and other appropriate public or private
agencies, institutions and organizations, and
individuals in the conduct of such activities;

"(4) conduct investigations and research
and make surveys concerning any specific
problem of environmental noise in coopera-
tion with any noise pollution control agency
with a view to recommending a solution of
such problem, if he is requested to do so by
such agency or if, in his judgment, such
problem may affect any community or com-
munities in a State other than that in which
the source of the matter causing or contrib-
uting to the noise is located; and

"(5) establish technical advisory commit-
tees composed of recognized experts in vari-
ous aspects of noise to assist in the examina-
tion and evaluation of research progress and
proposals and to avoid duplication of re-
search, and for other purposes.

"(b) In carrying out the provisions of the
preceding subsection the Administrator is
authorized to

"(1) collect and make available, through
publications and other appropriate means,
the results of activities pursuant to subsec-
tion (a) and other information, including ap-
propriate recommendations by him in con-
nection therewith, pertaining to such re-
search and other activities;

"(2) cooperate with other Federal agen-
cies, with environmental noise control agen-
cies, with other public and private agencies,
institutions, and organizations, and with any
industries involved, in the preparation and
conduct of such research and other activities,
including technical assistance;

"(3) make grants to environmental noise control agencies, to other public or nonprofit

fullest extent consistent with their authority
under Federal laws administered by them,
carry out the programs within their control
in such a manner as to further the policy
declared in section 402 of this Act.

"(b) Each department, agency, or instru-
mentality 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 emis-
sion of noise shall comply with Federal,
State, interstate, and local requirements re-
specting control and abatement of environ-
mental 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 requirement
if he determines it to be in the paramount
interest of the United States to do so; ex-
cept that no exemption, other than for those
products specified pursuant to section 404
(c) (2) of this Act may be granted from the
requirements of sections 408, 511, and 521
of this Act. No such exemption shall be
granted due to lack of appropriation unless
the President shall have specifically request-
ed such appropriation as a part of the bud-
getary process and the Congress shall have
failed to make available such requested ap-
propriation. Any exemption shall be for a
period not in excess of one year, but addi-
tional exemptions may be granted for pe-
riods 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 re-
quirements of this section granted during
the preceding calendar year, together with
his reason for granting such exemption.

(c) (1) The Administrator shall coordinate the programs of all Federal agencies relating

other public body created by or pursuant to State law.

от

"(m) The term 'noise emission standard' means a statement of a noise level or other acoustical characteristic which may not be exceeded under specified conditions method of operation. Such standard shall include the test procedures to be followed and shall be stated in terms of performance rather than design criteria.

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

"(o) The term 'cumulative noise exposure'
means the exposure of individuals in defined
areas around airports to noise from aircraft
operations weighted by time of day."

"RESEARCH, INVESTIGATION, TRAINING, AND

OTHER ACTIVITIES

"SEC. 405. (a) The Administrator shall es-
tablish a national research and development
program for the prevention and control of
environmental noise and as part of such pro-
gram shall-

"(1) conduct, and promote the coordina-
tion and acceleration of, research, investiga-
tions, experiments, training, demonstrations,
surveys, and studies relating to the causes,
effects, extent, prevention and control of
environmental noise;

"(2) conduct and finance research by con-
tract with any person, on the effects, meas-
urement, and control of noise, including but
not limited to

"(A) investigation of the direct or indirect
effects of noise on humans (including
physiological and psychological effects), and
the direct or indirect effects of noise on do-
mestic animals, fish, wildlife, and property,
and determination of acceptable levels of
noise on the basis of such effects; and

"(B) development of improved methods
and standards for measurement and monitor-
ing of noise, in cooperation with the National

private agencies, institutions and organiza-
tions, and to individuals, for purposes stated
in subsection (a) of this section;

"(4) contract with public or private agen-
cies, institutions and organizations, and with
individuals, without regard to sections 3648
and 3709 of the Revised Statutes (31 U.S.C.
529; 41 U.S.C. 5);

"(5) provide training (without fee) for,
and make training grants to personnel of
environmental noise control agencies and
other persons with suitable qualifications;

"(6) establish and maintain research fel-
lowships, in the Environmental Protection
Agency and at public or nonprofit private
educational institutions or research orga-
nizations;

"(7) collect and make available through
publications and other appropriate means,
in cooperation with other Federal depart-
ments and agencies, and with other public
or private agencies, institutions, and orga-
nizations having related responsibilities, basic
data on physical, and human and other
effects of varying levels of noise and other
information pertaining to noise and the pre-
vention and control thereof; and

"(8) develop effective and practical proc-
esses, methods, and prototype devices for the
prevention or control of environmental noise.

"(c) In carrying out the provisions of sub-
section (a) of this section the Administrator
shall conduct research on, and survey the
results of other scientific studies on, the
harmful effects on the health or welfare of
persons by the various known noise sources.

"(d) In carrying out research pursuant to
this Act, the Administrator shall give special
emphasis to research on the short- and long-
term effects of environmental noise on public
health and welfare.

to environmental noise research and envir-
onmental noise control. Each Federal agency
shall furnish to the Administrator such in-
formation as he may reasonably require, to
determine, as provided under section 309 of
the Clean Air Act, if the nature, scope, and
results of the noise research and environ-
mental noise control programs of the agency
are consistent with the purposes of this
Act.

"(2) Each Federal agency shall consult
with the Administrator in prescribing any
regulations respecting environmental 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 he shall
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 shall be published
in the Federal Register and shall be accom-
panied by a detailed statement of the in-
formation on which such request is based.
Such agency shall complete the requested
review and report to the Administrator with-
in 180 days after the date of the publication
in the Federal Register of the request. The
report shall be published in the Federal
Register and shall be accompanied by a de-
tailed statement of the findings and con-
clusions of the agency respecting the re-
vision of its standard or regulation.

"(3) On the basis of regular consultation
with appropriate Federal agencies, the Ad-
ministrator shall compile and publish an-
nually a report to the Congress on the status
and progress of Federal activities relating to
environmental noise research and environ-
mental noise control. This report shall de-
scribe the environmental noise control pro-
grams of each Federal agency and assess the
contributions of those programs to the Fed-

[p. H10288]

"NOISE CRITERIA AND CONTROL TECHNOLOGY
"SEC. 407. (a) The Administrator shall,
after consultation with appropirate Federal,
State, and municipal agencies, and other ap-
propriate persons, within nine months after
the date of enactment of this section, issue
noise criteria. 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 qual-
ities of noise, and such criteria shall set forth
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, after consulta-
tion with appropriate Federal, State, and
municipal agencies, and other appropriate
persons, shall within fifteen months after
date of enactment of this section compile and
publish a report or series of reports (1) iden-
tifying products (or classes of products)
which on the basis of information available
to him appear to be major sources of noise,
and (2) giving information on the processes,
procedures, or operating methods which re-
sult in the control of the emission of noise, to
implement noise emission control standards
under sections 408, 501, 503, 511, and 521 of
this Act, which such information shall in-
clude, technical and other data, including
costs, as are available on alternative methods
of noise control.

"(c) The Administrator, after consultation
with appropriate Federal, State, and munici-
pal agencies, and other appropriate persons,
shall compile and provide information on
methods and techniques of controlling en-
vironmental noise through, among other
means, product use control, land use regula-
tion, and construction and building stand-

than eighteen months after the date of en-
actment of this Act, and shall apply to any
appropriate new product described in para-
graph (1) which is identified (or in a class
identified) in any report published under
section 407(b)(1) of this Act on or before
the date of publication of such initial pro-
posed regulations.

"(B) In the case of any new product de-
scribed 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 407(b)(1) of this Act after publica-
tion of the initial proposed regulations un-
der subparagraph (A) of this paragraph, reg-
ulations under paragraph (1) of this subsec-.
tion for such new product shall be promul-
gated by the Administrator not later than
nine months after such report is pub-
lished.

"(b) The Administrator may publish pro-
posed regulations establishing noise emis-
sion standards respecting any new product
for which he is not required to establish
standards under subsection (a) of this sec-
tion but for which, in his judgment, noise
emission standards are requisite to protect
the public health and welfare. Not later than
six months after the date of publication of
such regulations respecting such new prod-
uct, he shall promulgate regulations estab-
lishing noise emission standards for such
new product.

"(c) (1) Any noise emission standard pre-
scribed under subsection (a) or (b) of this
section respecting a new product shall set
limits on noise emissions from such new
product over the useful life of the product
(as determined by the Administrator taking
into account the range of possible uses for
the same type of product) and shall be a
standard which in the Administrator's judg-
ment, based on information published under
section 407 of this Act, reflects the degree of
noise reduction achievable through the appli-

of any standards prescribed under this sec-
tion, the manufacturer of each new product
shall warrant to the ultimate purchaser and
each subsequent purchaser that such product
is (A) designed, built, and equipped so as to
conform at the time of sale with applicable
regulations under this section, and (B) free
from defects in materials and workmanship
which cause such product, under normal use,
operation, and maintenance to fail to con-
form wtih applicable regulations for its use-
ful life, as determined by the Administrator,
taking into account the range of uses for
such product.

"(2) Any cost obligation of any dealer in-
curred as a result of any requirement im-
posed by paragraph (1) of this subsection
shall be borne by the manufacturer. The
transfer of any such cost obligation from a
manufacturer to any dealer through fran-
chise or other agreement is prohibited.

“(3) If a manufacturer includes in any ad-
vertisement 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 attrib-
uted to such devices or systems by the Secre-
tary of Labor (through the Bureau of Labor
Statistics). The Secretary of Labor, and his
representatives, shall have the same access
for his purpose to the books, documents,
papers, and records of a manufacturer as the
Comptroller General has to those of a recip-
ient of assistance for purposes of section 311
of the Clean Air Act, as amended.

"(e) (1) No State or political subdivision
thereof may adopt or enforce, with respect to
(A) any product manufactured after the
effective date of a regulation prescribed by
the Administrator under this section or (B)
any component incorporated into such prod-
uct by the manufacturer of such product,
any standard setting a limit on noise emis-
sions from such product enforceable against
the manufacturer which is not identical to

ards. Such information shall be compiled and
published to assist State and local govern-
ments in establishing and enforcing en-
vironmental noise control programs sup-
ported under section 418 of this Act.

"(d) The Administrator shall from time to
time review and, as appropriate, revise or
supplement any criteria or reports published
under this section.

"(e) Any report under subsection (b) (1)
of this section identifying major noise sources
shall be published in the Federal Register.
The publication or revision of any criteria or
information on control techniques under this
section shall be announced in the Federal
Register, and copies shall be made available
to the general public.

"NOISE EMISSION STANDARDS FOR NEW PRODUCTS

"SEC. 408. (a) (1) The Administrator shall
publish proposed regulations establishing
noise emission standards for new products
or classes of products-

"(A) identified in any report published
under section 407(b)(1) of this Act as a ma-
jor source of noise, and

"(B) which falls in one of the following
categories:

"(1) Construction equipment.

"(ii) Transportation equipment (includ-
ing snowmobiles, motorcycles, and recrea-
tional vehicles and related equipment).

“(iii) Any motor or engine (including any
equipment of which an engine or motor is
an integral part).

“(iv) Turbines and compressors.

"(v) Electrical and electronic equipment,
except those products which are designed for
the production or reproduction of music or
sound (to the extent such reproduction is
identical, except in amplitude, to the source
reproduced).

"(vi) Percussion and explosive equipment.
"(2) (A) Regulations proposed under para-
graph (1) shall be promulgated not later

cation of the best available technology, tak-
ing into account the cost of compliance. In
establishing such standards for any new
product the Administrator shall assure that
such standards are compatible with stand-
ards under other laws respecting emission
of air or water pollutants and safety, includ-
ing (but not limited to) any standard under
the National Traffic and Motor Vehicle Safety
Act of 1966 (15 U.S.C. 1381 et seq.), the Clean
Air Act (42 U.S.C. 1857 et seq.), or the Fed-
eral Water Pollution Control Act (33 U.S.C.
1151 et seq.). Any standard prescribed under
subsection (a) or (b) of this section may
contain provisions respecting instructions of
the manufacturer for the maintenance or use
of the product.

“(2) After publication of any proposed reg-
ulations under this section, the Administra-
tor shall allow the public an opportunity
to participate in rulemaking in accordance
with section 553 of title 5, United States
Code.

"(3) The Administrator may revise any
noise emission standard prescribed by him
in accordance with this section.

"(4) Any regulation prescribed under this
section (and any revision thereof) shall take
effect after a period not to exceed two years
or such lesser time as the Administrator finds
necessary to permit the development and ap-
plication of the requisite technology, giving
appropriate consideration to the cost of com-
pliance within such period. Standards pre-
scribed under this section shall apply to prod-
ucts manufactured on or after the effective
date of such standards.

“(5) The Administrator may prescribe reg-
ulations defining 'effective date' for the pur-
pose of assuring that products manufac-
tured before the effective date of a regula-
tion under this section were not manufac-
tured for purposes of circumventing the
effective date of such regulations.

“(d) (1) On and after the effective date

the standard prescribed by the Administrator.

"(2) Subject to paragraph (1) of this sub-
section, nothing in this section shall preclude
or deny the right of any State or political
subdivision thereof to establish and enforce
controls on environmental noise through the
licensing, regulation, or restriction of the use,
operation, or movement of any product or
combination of products: Provided, That
such control, licensing, regulation, or re-
striction shall not, in the case of any motor
carrier engaged in interstate commerce or
any equipment or facility of a surface carrier
engaged in interstate commerce by railroad,
result in a limit on noise emissions for any
carriers, equipment, or facility different than
any limit contained in any regulation appli-
cable thereto prescribed by the Administra-
tor under this section or title V of this Act,
except that in the case of such carriers the
Administrator may by regulation, upon the
petition of a State or political subdivision
thereof and after consultation with the Sec-
retary of Transportation, permit such more
restrictive limits on such noise emissions
through the application of use, operation, or
movement controls or regulations as in his
judgment are necessitated by special local
conditions.

“(3) If, after promulgation of any stand-
ards and regulations under this section and
prior to their effective date, a product is man-
ufactured in compliance with such standards
and regulations such standards and regula-
tions shall, for the purposes of`paragraph (1)
of this subsection, become effective with re-
spect to such product on the date of such
compliance.

"LABELING

"(2) which is sold wholly or in part on the
basis of its effectiveness in reducing noise,
require either (1) that a notice of the level
of noise emission including the relationship
to any applicable noise emission standard
under secton 408, or notice of the effective-
ness in reducing noise (as the case may be)
supplied by the manufacturer, be affixed to
the new product and to the outside of its
container at the time of its sale to the ulti-
mate purchaser, or (2) that such notice of
such level or effectiveness supplied by the
manufacturer otherwise be given to the pro-
spective user. He shall prescribe the form of
the notice and the methods and units of
measurement to be used for this purpose. Sec-
tion 408 (c) (2) shall apply to the promulga-
tion of any regulation under this section.

"(b) This section does not prevent any
State or political subdivision thereof from
regulating product labeling in any way not
in conflict with regulations promulgated by
the Administrator under this section.

"IMPORTS

"SEC. 410. Any product offered for entry in-
to the United States for which a standard
or regulation has become effective pursuant
to this title, which is not accompanied by
certificate of compliance in the form pre-
scribed by the Administrator, shall be refused
entry into the United States. If a product is
refused entry, the Secretary of the Treasury
shall refuse delivery to the consignee and
shall cause disposal or storage of any product
refused delivery which has not been exported
by the consignee within three months from
the date of notice of such refusal under such
regulations as the Secretary of the Treasury
may prescribe, except that the Secretary of
the Treasury may deliver to the consignee
such product pending examination and de-
cision in the matter on execution of bond for
the amount of the full invoice value of such
product, together with the duty thereon, and

of this Act (requiring information respecting
noise) which are applicable to such product,
unless it is in conformity with such regula-
tions.

"(3) (A) In the case of a manufacturer or
dealer, the assistance of any person in a
violation of paragraph (2) (A) of this sub-
section or the furnishing of information with
respect to a violation of paragraph (2) (A)
of this subsection.

"(B) In the case of a manufacturer, the
sale in, the offering for sale in, or the intro-
duction or delivery for introduction into,
commerce of any new product manufactured
after the effective date of regulations pro-
mulgated under option (1) in section 409 (a)
of this Act (requiring information respect-
ing noise) which are applicable to such prod-
uct, unless it is in conformity with such
regulations.

"(4) (A) The removal by any person of any
notice affixed to a product or container pur-
suant to regulations promulgated under sec-
tion 409 (a) of this Act prior to the sale of
the new product to the ultimate purchaser,
or (B) the sale of such product or container
from which such notice has been removed.

"(5) The importation into the United
States by any person of any new product in
violation of regulations promulgated under
section 410 of this Act that are applicable to
such product.

"(6) The failure of any person to comply
with any order issued under section 412(d)
or 414 of this Act.

"(b) (1) The Administrator may after pub-
lic hearings exempt for a specified period of
time not to exceed one year, any new prod-
uct, or class thereof, from paragraphs (1),
(2), (3), and (5) of subsection (a) of this
section 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

with such violation, to make public notice
of such risks, to recall any products re-
sponsible for such violation, to repurchase
any such products, or to replace any such
products. Such order may also require the
seizure of any such products by the Admin-
istrator.

"(2) Any order under this subsection shall
be issued only after notice and opportunity
for a hearing in accordance with section 554
of title 5 of the United States Code.

"(e) When authorized by State law-
"(1) The Administrator may, by agree-
ment with any environmental noise control
agency with or without reimbursement, au-
thorize law enforcement officers or other of-
ficers or employees of such environmental
noise control agency to bring civil actions
in the appropriate State courts to restrain
any person from violating section 411(a).

"(2) The courts of such State may enter-
tain any such civil action.

Nothing in this section shall affect the au-
thority of an environmental noise control
agency to commence a civil action under
section 413 of this Act.