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
"(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
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."
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-
(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.
(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
(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.
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.
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-
(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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