FINDINGS AND POLICY

SEC. 2. (a) The Congress finds—

(1) that inadequately controlled noise pre-
sents a growing danger to the health and
welfare of the Nation's population, particu-
larly in urban areas;

(2) that the major sources of noise in-
clude 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 wel-
fare. To that end, it is the purpose of this
Act to establish a means for effective co-
ordination of Federal research and activities
in noise control, to authorize the establish-
ment of Federal noise emission standards for
products distributed in commerce, and to
provide information to the public respecting
the noise emission and noise reduction char-
acteristics of such products.

(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 States Code) and includes
the United States Postal Service.
"environmental noise' ""
(11) The term
means the intensity, duration, and the char-
acter of sounds from all sources.

FEDERAL PROGRAMS

SEC. 4. (a) The Congress authorizes and
directs that Federal agencies shall, to the
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 2(b).

(b) Each department, agency, or instru-
mentality of the executive, legislative, and
judicial branches of the Federal Govern-
ment-

(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 requirement 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,

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 con-
clusions of the agency respecting the revi-
sion of its standard or regulation. With re-
spect 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 Ad-
ministrator shall compile and publish, from
time to time, a report on the status and
progress of Federal activities relating to noise
reseach 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 Govern-
ment's overall efforts to control noise.
IDENTIFICATION OF MAJOR NOISE SOURCES;
NOISE CRITERIA AND CONTROL TECHNOLOGY
SEC. 5. (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 differ-
ing quantities and qualities of noise.

(2) The Administrator shall, after con-
sultation with appropriate Federal agencies
and within twelve months of the date of the
enactment of this Act, publish information
on the levels of environmenal noise the at-
tainment and maintenace of which in de-
fined areas under various conditions are re-
quisite to protect the public health and
welfare with an adequate margin of safety.
(b) The Administrator shall, after con-
sultation with appropriate Federal agencies,

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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 in-
formation 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 enact-
ment 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.

NOISE EMISSION STANDARDS FOR PRODUCTS
DISTRIBUTED IN COMMERCE

SEC. 6. (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 categories:

(1) Construction equipment.

(ii) Transportation equipment (includ-
ing recreational vehicles and related equip-
ment).

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

(iv) Electrical or electronic equipment. (2) (A) Initial proposed regulations under

ment, 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 pro-
posed regulations respecting such product,
he may prescribe regulations, meeting the
requirements of subsection (c), for such
product.

(c) (1) Any regulation prescribed 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 pro-
tect the public health and welfare, taking
into account the magnitude and conditions
of use of such product (alone or in com-
bination 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 Admin-
istrator 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 instruc-
tions of the manufacturer for the mainte-
nance, use, or repair of the product.

(2) After publication of any proposed reg-
ulations under this section, the Adminis-
trator shall allow interested persons an op-
portunity 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 reg

(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
Administrator; or

(B) with respect to any component incor-
porated into such new product by the manu-
facturer of such product, any law or regula-
tion 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 environ-
mental noise (or one or more sources thereof)
through the licensing, regulation, or restric-
tion of the use, operation, or movement of
any product or combination of products.

AIRCRAFT NOISE STANDARDS

SEC. 7. (a) The Administrator, after con-
sultation with appropriate Federal, State, and
local agencies and interested persons, shall
conduct a study of the (1) adequacy of Fed-
eral Aviation Administration flight and op-
erational noise controls; (2) adequacy of
noise emission standards on new and existing
aircraft, together with recommendations on
the retrofitting and phaseout of existing air-
craft; (3) implications of identifying and
achieving levels of cumulative noise exposure
around airports; and (4) additional measures
available to airport operators and local gov-
ernments to control aircraft noise. He shall
report on such study to the Committee on
Interstate and Foreign Commerce of the
House of Representatives and the Commit-
tees on Commerce and Public Works of the
Senate within nine months after the date of
the enactment of this Act.

(b) Section 611 of the Federal Aviation Act
of 1958 (49 U.S.C. 1431) is amended to read
as follows:

"CONTROL AND ABATEMENT OF AIRCRAFT NOISE
AND SONIC BOOM

paragraph (1) shall be published not later
than eighteen months after the date of en-
actment 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 be-
fore the date of publication of such initial
proposed regulations.

(B) In the case of any product described
in paragraph (1) which is identified (or is
part of a class identified) as a major source
of noise in a report published under section
5(b) (1) after publication of the initial pro-
posed regulations under subparagraph (A)
of this paragraph, regulations under para-
graph (1) for such product shall be pro-
posed and published by the Administrator
not later than eighteen months after such
report is published.

(3) After proposed regulations respecting
a product have been published under para-
graph (2), the Administrator shall, unless in
his judgment noise emission standards are
not feasible for such product, prescribe reg-
ulations, meeting the requirements of sub-
section (c), for such product-

(A) not earlier than six months after
publication of such proposed regulations, and
(B) not later than-

(1) 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 pro-
posed regulations, meeting the requirements
of subsection (c), for any product for which
he is not required by subsection (a) to pre-
scribe regulations but for which, in his judg-

ulation prescribed by him under this section
by (A) publication of proposed revised regu-
lations, and (B) the promulgation, not ear-
lier than six months after the date of such

publication, of regulations making the re-
vision; except that a revision which makes
only technical or clerical corrections in a
regulation under this section may be pro-
mulgated earlier than six months after such
date if the Administrator finds that such
earlier promulgation is in the public in-
terest.

(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 regula-
tion 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 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 at-
tributed 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, docu-
ments, papers, and records of a manufac-
turer 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-

"SEC. 611. (a) For purposes of this section:
"(1) The term 'FAA' means Administrator
of the Federal Aviation Administration.
"(2) The term 'EPA' means the Adminis-
trator of the Environmental Protection
Agency.

“(b) (1) In order to afford present and fu-
ture relief and protection to the public health
and welfare from aircraft noise and sonic
boom, the FAA, after consultation with the
Secretary of Transportation and with EPA,
shall prescribe and amend standards for the
measurement of aircraft noise and sonic
boom and shall prescribe and amend such
regulations as the FAA may find necessary
to provide for the control and abatement of
aircraft noise and sonic boom, including the
application of such standards and regula-
tions in the issuance, amendment, modifica-
tion, suspension, or revocation of any cer-
tificate authorized by this title. No exemption
with respect to any standard or regulation
under this section may be granted under any
provision of this Act unless the FAA shall
have consulted with EPA before such ex-
emption is granted, except that if the FAA
determines that safety in air commerce or
air transportation requires that such an ex-
emption be granted before EPA can be con-
sulted, the FAA shall consult with EPA as
soon as practicable after the exemption is
granted.

"(2) The FAA shall not issue an original
type certificate under section 603 (a) of this
Act for any aircraft for which substantial
noise abatement can be achieved by prescrib-
ing standards and regulations in accordance
with this section, unless he shall have pre-
scribed standards and regulations in accord-
ance with this section which apply to such
aircraft and which protect the public from
aircraft noise and sonic boom, consistent.
with the considerations listed in subsection
(d).

[p. H10296]

"(c) (1) Not earlier than the date of sub-
mission of the report required by section 7
(a) of the Noise Control Act of 1972, EPA
shall submit to the FAA proposed regulations
to provide such control and abatement of
aircraft noise and sonic boom (including
control and abatement through the exercise
of any of the FAA's regulatory authority over
air commerce or transportation or over air-
craft or airport operations) as EPA deter-
mines is necessary to protect the public
health and welfare. The FAA shall consider
such proposed regulations submitted by
EPA under this paragraph and shall, within
thirty days of the date of its submission to
the FAA, publish the proposed regulations in
a notice of proposed rulemaking. Within
sixty days after such publication, the FAA
shall commence a hearing at which inter-
ested persons shall be afforded an opportu-
nity for oral (as well as written) presenta-
tions of data, views, and arguments. Within
a reasonable time after the conclusion of
such hearing and after consultation with
EPA, the FAA shall-

"(A) in accordance with subsection (b),
prescribe regulations (1) substantially as they
were submitted by EPA, or (ii) which are
a modification of the proposed regulations
submitted by EPA, or

"(B) publish in the Federal Register a
notice that it is not prescribing any regula-
tion in response to EPA's submission of pro-
posed regulations, together with a detailed
explanation providing reasons for the deci-
sion not to prescribe such regulations.

"(2) If EPA has reason to believe that the
FAA's action with respect to a regulation
proposed by EPA under paragraph (1)(A)
(ii) or (1) (B) of this subsection does not
protect the public health and welfare from
aircraft noise or sonic boom, consistent with
the considerations listed in subsection (d)
of this section, EPA shall consult with the
FAA and may request the FAA to review,

"(d) In prescribing and amending standards and regulations under this section, the FAA shall

"(1) consider relevant available data re-
lating to aircraft noise and sonic boom, in-
cluding the results of research, development,
testing, and evaluation activities conducted
pursuant to this Act and the Department of
Transportation Act;

"(2) consult with such Federal, State,
and interstate agencies as he deems appro-
priate;

"(3) consider whether any proposed stand-
ard or regulation is consistent with the
highest degree of safety in air commerce or
air transportation in the public interest;
""(4) consider whether any proposed stand-
ard or regulation is economically reasonable,
technologically practicable, and appropriate
for the particular type of aircraft, aircraft
engine, appliance, or certificate to which it
will apply; and

"(5) consider the extent to which such
standard or regulation will contribute to car-
rying out the purposes of this section.

"(e) In any action to amend, modify, sus-
pend, or revoke a certificate in which viola-
tion of aircraft noise or sonic boom standards
or regulations is at issue, the certificate
holder shall have the same notice and ap-
peal rights as are contained in section 609,
and in any appeal to the National Transpor-
tation Safety Board, the Board may amend,
modify, or reverse the order of the FAA if it
finds that control of abatement of aircraft
noise or sonic boom and the public health
and welfare do not require the affirmation
of such order, or that such order is not
consistent with safety in air commerce or
air transportation.'

(c) All

(1) standards, rules, and regulations prescribed under section 611 of the Federal Aviation Act of 1958, and

(2) exemptions, granted under any provision of the Federal Aviation Act of 1958,

SEC. 10. (a) Except as otherwise provided
in subsection (b), the following acts or the
causing thereof are prohibited:

(1) In the case of a manufacturer, to dis-
tribute in commerce any new product manu-
factured after the effective date of a regula-
tion prescribed under section 6 which is ap-
plicable to such product, except in conform-
ity with such regulation.

(2) (A) The removal or rendering inopera-
tive by any 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
device or element of design has been removed
or rendered inoperative by any person.

(3) In the case of a manufacturer, to dis-
tribute in commerce any new product manu-
factured after the effective date of a regula-
tion prescribed under section 8(b) (requir-
ing information respecting noise) which is
applicable to such product, except in con-
formity with such regulation.

(4) The removal by any person of any
notice affixed to a product or container pur-
suant to regulations prescribed under section
8(b), prior to sale of the product to the ulti-
mate purchaser.

(5) The importation into the United States
by any person of any new product in viola-
tion of a regulation prescribed under sec-
tion 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 un-
der section 13 (a), 17, or 18.

(b) (1) For the purpose of research, investigations, studies, demonstrations,

or

and report to EPA on, the advisability of
prescribing the regulation originally pro-
posed by EPA. Any such request shall be
published in the Federal Register and shall
include a detailed statement of the informa-
tion on which it is based. The FAA shall
complete the review requested and shall
report to EPA within such time as EPA
specifies in the request, but such time spec-
ified may not be less than ninety days from
the date the request was made. The FAA's
report shall be accompanied by a detailed
statement of the FAA's findings and the
reasons for the FAA's conclusions; shall
identify any statement filed pursuant to
section 102 (2) (C) of the National Environ-
mental Policy Act of 1969 with respect to
such action of the FAA under paragraph (1)
of this subsection; and shall specify whether
(and where) such statements are available
for public inspection. The FAA's report shall
be published in the Federal Register, except
in a case in which EPA's request proposed
specific action to be taken by the FAA, and
the FAA's report indicates such action will
be taken.

"(3) If, in the case of a matter described
in paragraph (2) of this subsection with re-
spect to which no statement is required to
be filed under such section 102 (2) (C), the
report of the FAA indicates that the pro-
posed regulation originally submitted by
EPA should not be made, then EPA may
request the FAA to file a supplemental re-
port, which shall be published in the Fed-
eral Register within such a period as EPA
may specify (but such time specified shall
not be less than ninety days from the date
the request was made), and which shall
contain a comparison of (A) the environ-
mental effects (including those which can-
not be avoided) of the action actually taken
by the FAA in response to EPA's proposed
regulations, and (B) EPA's proposed reg-
ulations.

SEC. 8. (a) The Administrator shall by reg-
ulation designate any product (or class there-
of)

(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 effective ess in reduci g noise.

(b) For each product (or class thereof)
designated under subsection (a) the Admin-
istrator shall by regulation require that no-
tice 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 sec-
tion.

(c) This section does not prevent any State
or political subdivision thereof from regulat-
ing product labeling or information respect-
ing products in any way not in conflict with
regulations prescribed by the Administrator
under this section.

training, or for reasons of national security,
the Administrator may exempt for a specified
period of time any product, or class there-
of, from paragraphs (1), (2), (3), and (5) of
subsection (a), upon such terms and condi-
tions 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.

ENFORCEMENT

SEC. 11. (a) Any person who willfully or
knowingly violates paragraph (1), (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 im-
prisonment 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.

(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 re-
strain any violation of section 10 (a) of this
Act.

(d) (1) Whenever any person is in viola-
tion of section 10(a) of this Act, the Ad-
ministrator 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

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