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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
protect the public health and welfare, taking
into account the magnitude and conditions
of use of such product (alone or in combina-
tion 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 emis-
sion standards shall be a performance stand-
ard. In addition, any regulation under sub-
section (a) or (b) (and any revision thereof)
may contain testing procedures necessary to
assure compliance with the emission stand-
ard 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 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 sec-
tion 553 (c) of title 5, United States Code.

(3) The Administrator may revise any reg

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 in-
corporated 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 environ-
mental noise (or one or more sources there-
of) through the licensing regulation, or re-
striction 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 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 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

(a) of the Noise Control Act of 1972, EPA
shall submit to the FAA proposed regula-
tions to provide such control and abate-
ment of aircraft noise and sonic boom (in-
cluding control and abatement through the
exercise of any of the FAA's regulatory au-
thority over air commerce or transportation
or over aircraft or airport operations) as
EPA determines is necessary to protect the
public health and welfare. The FAA shall
consider such proposed regulations submitted
by EPA under this paragraph and shall, with-
in thirty days of the date of its submission
to the FAA, which publish the proposed
regulations in a notice of proposed rulemak-
ing. Within sixty days after such publication,
the FAA shall commence a hearing at which
interested persons shall be afforded an op-
portunity for oral (as well as written) pres-
entations of data, views, and arguments.
Within a reasonable time after the conclu-
sion of such hearing and after consultation
with EPA, the FAA shall-

"(A) in accordance with subsection (b),
prescribe regulations (i) substanitally 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 regula-
tion 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,
and report to EPA on, the advisability of
prescribing the regulation originally pro-
posed by EPA. Any such request shall be

ulation prescribed by him under this sec-
tion 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 promul-
gated 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 manufac-
turer of each new product to which such
regulation applies shall warrant to the ulti-
mate purchaser and each subsequent pur-
chaser 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
advertisement a statement respecting the
cost or value of noise emission control de-
vices 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 Bu-
reau 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 manu-
facturer as the Comptroller General has to
those of a recipient of assistance for pur-
poses 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

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"(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 neces-
sary to provide for the control and abatement
of aircraft noise and sonic boom, including
the application of such standards and regu-
lations in the issuance, amendment modifi-
cation, 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 exemp-
tion is granted, except that if the FAA deter-
mines that safety in air commerce- or air
transportation requires that such an exemp-
tion be granted before EPA can be consulted,
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).

"(c) (1) Not earlier than the date of submission of the report regained by section 7

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 re-
port to EPA within such time as EPA specifies
in the request, but such time specified 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 state-
ment filed pursuant to section 102(2)(C)
of the National Environmental 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 inspec-
tion. 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
respect 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 report, which
shall be published in the Federal 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 com-
parison of (A) the environmental effects (in-
cluding those which cannot be avoided) of
the action actually taken by the FAA in
response to EPA's proposed regulations, and
(B) EPA's proposed regulations.

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

"(1) consider relevant available data relating to aircraft noise and sonic boom, in

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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 appropriate;

"(3) consider whether any proposed stand-
ard or regulation is consistent with the high-
est 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
carrying 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 appeal
rights as are contained in section 609, and in
any appeal to the National Transportation
Safety Board, the Board may amend, modify,
or reverse the order of the FAA if it finds that
control or abatement of aircraft noise or
sonic boom and the public health and wel-
fare do not require the affirmation of such
order, or that such order is not consistent
with safety in air commerce or air trans-
portation."

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PROHIBITED ACTS

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 purposes
of maintenance, repair, or replacement, of
any device or element of design incorporated
into any product in compliance with regula-
tions under section 6, prior to its sale or de-
livery 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 per-

son.

(3) In the case of a manufacturer, to dis-
tribute in commerce any new product manu-
factured after the effective date of a regu-
lation prescribed under section 8(b) (re-
quiring 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
violation of a regulation prescribed under
section 9 which is applicable to such prod-
uct.

(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.

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(A) the Administrator of the Environmen-
tal 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 Avia-
tion Administration 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 (1) to the
Administrator of the Environmental Protec-
tion Agency (and to the Federal Aviation
Administrator in the case of a violation of a
noise control requirement under such sec-
tion 611) and (ii) to any alleged violator of
such requirement, or

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(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 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 measure-
ment to be used. Sections 6(c) (2) shall ap-
ply to the prescribing of any regulation under
this section.

(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.

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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 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 other-
wise 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. (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 violations of section 10(a) of
this Act.

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

(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 defend-
ant 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 pre-
scribe by regulation.

(c) In an action under this section, the
Administrator of the Environmental Protec-
tion Agency, if not a party, may intervene as
a matter of right. In an action under this
section respecting a noise control require-
ment under section 611 of the Federal Avia-
tion Act 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 litiga-
tion (including reasonable attorney and ex-
pert witness fees) to any party, whenever the
court determines such an award is appropri-
ate.

(e) Nothing in this section shall restrict
any right which any person (or class of per-
sons) may have under any statute or com-
mon law to seek enforcement of any noise
control requirement or to seek any other
relief (including relief against an Adminis-
trator).

(f) For purposes of this section, the term
"noise control requirement" means para-
graph (1), (2), (3), (4), or (5) of section
10(a), or a standard, rule, or regulation is-
sued under section 17 or 18 of this Act or
under section 611 of the Federal Aviation
Act of 1958.

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RECORDS, REPORTS, AND INFORMATION
SEC. 13. (a) Each manufacturer of a prod-
uct to which regulations under section 6 or
section 8 apply shall-

(1) establish and maintain such records,
make such reports, provide such informa-
tion, and make such tests, as the Adminis-
trator 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, per-
mit 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 com-
ing 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 pur-
suant 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 pur-
pose of that section, except that such infor-
mation 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 proceed-
ing under this Act.

(2) Nothing in this subsection shall
authorize the withholding of information by
the Administrator, or by any officers or em-
ployees under his control, from the duly
authorized committees of the Congress.

(c) Any person who knowingly makes any
false statement, representation, or certifica-
tion 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 inac-

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(2) The term "Federal Government" in-
cludes the legislative, executive, and judi-
cial 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 spec-
ified in noise emission standards under reg-
ulations 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-emis-
sion products in accordance with the pro-
visions 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 Gov-
ernment.

(3) The Administrator may establish a
Low-Noise-Emission Product Advisory Com-
mittee to assist him in determining which
products qualify as low-noise-emission prod-
ucts for purposes of this section. The Com-
mittee shall include the Administrator or his
designee, a representative of the National

for purposes of this section. If the Admin-
istrator determines that such product is a
low-noise-emission product, then within one
hundred and eighty days of such determina-
tion the Administrator shall reach a deci-
sion 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 deter-
mination or decision under subparagraph
(F), the Administrator shall publish in the
Federal Register notice of such determina-
tion or decision, including reasons therefor.
(c) (1) Certified low-noise-emission prod-
ucts 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 de-
termines 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 incor-
porated in any contract for the procurement
of such product.

(d) The procuring agency shall be required
to purchase available certified low-noise-
emission product shall be incorporated in any
contract for the procurement of such prod-
uct.

(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 cer-
tified low-noise-emission products, the pro-
curing agency shall give priority to any class
or model which does not require extensive
periodic maintenance to retain its low-noise-

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