clear what quantities and qualities of noise are consistent with protection of the public health and welfare under differing circumstances. Subsection 5(b) directs the Administrator to publish one or more reports identifying products or classes of products which in his judgment are major sources of noise and providing information on techniques for controlling noise from such sources. Available data on technology, costs, and alternative methods of control are to be included. The first report must be published within 18 months after the bill becomes law. Subsection 5(c) directs the Administrator to review and, when appropriate, revise the criteria, noise source, and the control technology documents published under this section. Subsection 5(d) requires publication of major noise source lists in the Federal Register and announcement of each publication or revision of criteria or control technology documents in the Federal Register and release of copies thereof to the public. Section 6. Noise emission standards for new products distributed in commerce Under section 6(a), the Administrator is required to propose regulations for each product which is identified in a report under section 5(b)(1) as a major noise source; for which, in his judgment, noise emission standards are feasible; and which falls in one of the following categories: (i) Construction equipment. (ii) Transportation equipment (including recreational vehicles and related equipment). (iii) Any motor or engine (including any equipment of which an engine or motor is an integral part). (iv) Electrical or electronic equipment. The Administrator must publish initial proposed regulations not later than eighteen months after the date of enactment of the bill for any product for which regulations are required and which is identified as a major noise source on or before the date the initial proposed regulations are published. Regulations for a product for which noise regulations are required, and which is identified as a major noise source after the initial proposed noise regulations are published, must be proposed by the Administrator not later than eighteen months after the product is so identified. After proposed regulations have been published respecting a product, the Administrator is required, unless in his judgment noise emission standards are not feasible for the product, to prescribe noise regulations for such product not earlier than 6 months after publication of proposed regulations for the product and not later than 24 months after the enactment of the bill (in the case of a product subject to the initial proposed regulations) or 24 months after the product is identified as a major noise source (in the case of any other product). Subsection 6(b) provides the Administrator with additional authority to publish proposed regulations establishing noise emission standards for products other than those for which regulations are required above, if in his judgment such standards are feasible and requisite to protect the public health and welfare. Regulations prescribing such standards may not be earlier than six months after the proposed regulations are published. Any noise regulation prescribed under section 6 (a) or (b) (and any revision thereof) respecting a product must include a noise emission standard which shall set limits on noise emissions from the product and must 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. In establishing a standard for a product the Administrator must give appropriate consideration to technological feasibility and economic costs, and to standards under other laws designed to safeguard the health and welfare of persons, including any standard under the National Traffic and Motor Vehicle Safety Act of 1966 or the Clean Air Act. Any noise emission standard under this section must be a performance standard. Noise regulations under this section may contain testing procedures. necessary to assure compliance with the noise emission standard in the regulation, and may contain provisions respecting instructions of the manufacturer for the maintenance, use, or repair of the product. The Administrator is given broad authority to prescribe regulations appropriate to the type of product regulated, and the noise problem that it creates. Noise emission standards could apply to the performance of the product at the time of manufacture, and compliance could be ascertained by prototype testing or sampling methods, or by other testing procedures. Alternatively, if the Administrator determined that it was appropriate, the standards could apply to the performance of the product over a specified period of operation, and in such a case the Administrator could test prototypes or samples off the assembly line to determine whether the product complied with the standard over the specified period. In addition, the Administrator could issue regulations requiring that the manufacturer recommend in his maintenance instructions procedures to assure that the noise emission performance of the product would pot deteriorate unduly during the period of its use. (It should be noted, however, that under the enforcement provisions of the bill the Administrator has no authority to regulate the use of products which do not conform with his noise emission standards, or to require users to comply with maintenance instructions.) Section 6(d) prohibits any State or political subdivision from adopting or enforcing any law or regulation which sets a limit on noise emissions from a new product for which a noise regulation has been prescribed by the Administrator under section 6, unless the non-Federal law or regulation is identical to the regulation of the Administrator. In addition, States and political subdivisions are prohibited from adopting or enforcing any law or regulation which sets a limit on noise emissions from any component incorporated by the manufacturer in a new product to which noise regulations under section 6 apply. Section 6(d) (2) makes it clear however that nothing in section 6 will diminish or enhance the rights of any State or political subdivision thereof to control, regulate, or restrict the use, operation, or movement of any product. Section 7. Aircraft noise standards Section 7 amends section 611 of the Federal Aviation Act of 1958, which authorizes regulation of the noise characteristics of aircraft and aircraft components, as follows: New subsections (a), (b), (b)(2), and (c) are added; former subsection (a) is redesignated (b)(1) and amended, and the former subsections (b) and (c) are redesignated as (d) and (e), respectively. Subsection 611(b) (1) is amended to direct that the Administrator of EPA be consulted for his advice before standards or regulations are promulgated or amended. However, all standards, rules, or regulations (or exceptions thereto) in effect at the date of the enatcment of the bill remain in effect until amended or revoked by subsequent action (including granting an exemption) under the new procedures. New subsection 611(b) (2) directs that after enactment of this bill the Administrator of the FAA cannot issue an original type certificate for any aircraft for which substantial noise abatement can be achieved by prescribing standards and regulations unless such standards and regulations have been prescribed and are consistent with the redesignated subsection (d). Under that subsection the Administrator of FAA must consider all relevant available data; consult with orther governmental agencies as he deems appropriate; consider whether such standards or regulations are consistent with the highest degree of safety; consider whether such standards or regulations would be economically reasonable and technologically practicable; and consider the extent to which they will carry out the purposes of section 611. Under the new subsection 611(c) if the Administrator of the EPA has reason to believe that (1) an existing or proposed standard or regulation of the FAA under Section 611, or exemption therefrom, or (2) the issuance of an original type certificate for which noise abatement standards or regulations have not been prescribed, does not protect the public from aircraft noise consistent with the considerations in redesignated subsection (d) he shall consult with and may request the Administrator of the FAA to review and report on the advisability of revising such standard, regulation or exemption or of the advisability of issuance of a type certificate as the case may be. Such a request, which must include supporting data, may be published in the Federal Register. Except where EPA proposes specific action which the FAA agrees to take, the report of the FAA must be published in the Federal Register within a time specified by the Administrator of the EPA (but he may not specify less than 90 days). The published report must be accompanied by a detailed statement of findings and reasons for the conclusions, must identify any environmental impact statement filed under the National Environmental Policy Act of 1969 which relates to the action, standard or regulation in question, and provide information respecting the availability of such statement. If, in the case of a standard, regulation or exemption therefrom, an environmental impact statement was not required and if the report indicates no revision should be made, then the published report must (if EPA so requests) contain a comparison of the environmental effects of the existing or proposed standard, or regulation or exemption therefrom and the revision proposed by the Administrator of the EPA. If the action contested by the EPA is the issuance of an original type certificate for which an environmental impact statement was not filed and the FAA report indicates that such a certificate should not be preceded by a noise standard or regulation, the Administrator of the FAA must file a statement similar to an environmental impact statement if requested to do so by the Administrator of the EPA. (The exemptions to which this section refers include exemptions from noise standards and regulations, granted under section 601(c), and exemptions from section 610(a) granted under section 610(b), 74-423 O 723 to the extent the exemption under section 610(b) has the effect of relieving foreign airmen or aircraft from compliance with noise standards or regulations under section 611.) Section 8. Labeling Section 8 authorizes Federal noise labeling requirements for products distributed in commerce. Subsection 8(a) directs the Administrator by regulation to designate any product (or class thereof) which (1) emits noise capable of adversely affecting the public health and welfare, or (2) is sold at least in part on the basis of its effectiveness in reducing noise. Such products are not limited to those for which standards have been set in section 6 or for which a control technology report has been developed under section 5. For a product so designated, subsection 8(b) directs the Administrator to require by regulation that notice be given to the prospective user of the level of noise emission, or of the effectiveness in reducing noise, as the case may be. Such regulations must specify (1) whether such notice will be affixed to the product or to the outside of its container (or to both) at the time of its sale to the ultimate purchaser or whether such notice will be given to the prospective user in some other manner, (2) the form of the notice, and (3) the methods and units of measurement to be used. Subsection 8(c) leaves intact any existing powers of the States and their political subdivision to regulate product labeling and information respecting products in any way not in conflict with Federal regulations. This section affords the Administrator wide latitude in the drafting of regulations concerning notification of noise levels. In the case of a mass production product such as automobiles, the Committee bill does not require that each individual must be tested and the specific noise level of such unit be included in a special label on that unit. For example, the Administrator may issue regulations providing for measuring a representative sample of automobiles which will provide information on the maximum amount of noise that is likely to be emitted from any given product. Section 9. Imports Section 9 directs the Secretary of the Treasury, in consultation with the Administrator, to issue regulations to carry out the provisions of the bill with respect to new products imported or offered for importation. Section 10. Prohibited Acts Section 10 sets forth certain acts which are prohibited by the bill. Paragraph 10(a)(1) forbids any manufacturer to distribute in commerce any new product manufactured after the effective date of applicable noise regulations under section 6 applicable to the product, except in conformity with such regulations. Paragraph 10(a) (2) forbids any person (1) to remove or render inoperative, other than for maintenance, repair, or replacement, any device or element of design incorporated into a product in compliance with noise regulations prescribed under section 6, or (2) to use a product after such device or element of design has been removed or rendered inoperative by any person. Paragraph 10(a) (3) forbids any manufacturer to distribute in commerce any new product manufactured after the effective date of labeling regulations under section 8 that apply to such product, except in conformity with such regulations. Paragraph 10(a) (4) forbids any person, prior to sale of a product to the ultimate purchaser, to remove a notice affixed to the product or its container pursuant to labeling regulations prescribed under section 8(b). Paragraph 10(a) (5) forbids the importation into the United States of any products in violation of regulations under section 9, discussed above, relating to imports. Paragraph 10(a) (6) forbids any person to fail to comply with the provisions of section 13(a), discussed below, respecting required records, reports, and tests. Subsection 10(b) allows two exceptions to certain of these prohibitions: (1) The Administrator is authorized to exempt for a specified period of time any new product from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security. (2) A product which is manufactured solely for export, and which product (and its container) is visibly labeled or tagged to that effect, is exempted from the prohibitions of paragraphs (1), (2), (3), and (4) of subsection (a), except that such paragraphs shall apply to such a product if it is in fact distributed in commerce for use in any State. Section 11. Enforcement Section 11 provides for enforcement of the prohibitions set out in subsection 10(a) of this Act. Paragraph 11(a)(1) establishes a civil penalty of not more than $25,000 for each violation of subsection 10(a). This provision provides for the imposition of the civil penalty (1) by the Administrator and the collection thereof in a civil action brought by the Federal Government in a district court in a proceeding under this section, or (2) by a State, with an agreement under subsection 11(c), discussed below, through civil action in a State court. Section 11(a)(1) (B) provides that a person who does any act in violation of paragraph (1), (2), or (3) of section 10(a), and who establishes that he did not have reason to know in the exercise of due care that such act was in violation of that paragraph, shall not be subject to a civil penalty under this subsection. Paragraph 11(a) (2) provides that in any proceeding by the Administrator (or a State) for imposition of a civil penalty, the person charged must be given notice and an opportunity to present his views, and the Administrator (or such State), in determining the penalty or the amount accepted in compromise, must consider the gravity of the violation and the efforts of the person charged to achieve rapid compliance after notification of the violation. Paragraph 11(a) (3) provides that when a civil penalty is imposed by the Administrator under this subsection, if his determination of liability is made on the record after notice and opportunity for hearing, then in any civil action to collect such civil penalty any findings of facts upon which the above determination is based are conclusive if supported by substantial evidence on the record considered as a whole. This section gives the Administrator two procedural alternatives for assessing civil penalties. He may assess a penalty by giving the violator notice and an opportunity to present his views, and then by collecting the penalty in a full de novo trial in the court in which |