[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.1]
[Page 74]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.1 Definitions.
(a) As used in this part, any term not defined herein shall have the
meaning given it in the Noise Control Act of 1972 (Pub. L. 92-574).
(1) Act means the Noise Control Act of 1972 (Pub. L. 92-574).
(2) Federal Government includes the legislative, executive, and
judicial branches of the Government of the United States, and the
government of the District of Columbia.
(3) Administrator means the Administrator of the Environmental
Protection Agency.
(4) Product means any manufactured article or goods or component
thereof; except that such term does not include--
(i) Any aircraft, aircraft engine, propellor or appliance, as such
terms are defined in section 101 of the Federal Aviation Act of 1958; or
(ii)(a) Any military weapons or equipment which are designed for
combat use; (b) any rockets or equipment which are designed for
research, experimental or developmental work to be performed by the
National Aeronautics and Space Administration; or (c) to the extent
provided by regulations of the Administrator, any other machinery or
equipment designed for use in experimental work done by or for the
Federal Government.
(5) Low-Noise-Emission Product Determination means the
Administrator's determination whether or not a product, for which a
properly filed application has been received, meets the low-noise-
emission product criterion.
(6) Suitable Substitute Decision means the Administrator's decision
whether a product which the Administrator has determined to be a low-
noise-emission product is a suitable substitute for a product or
products presently being purchased by the Federal Government.
[[Page 75]]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.2]
[Page 75]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.2 Application for certification.
(a) Any person desiring certification of a class or model of product
under section 15 of the act shall submit to the Administrator an
application for certification. The application shall be completed upon
such forms as the Administrator may deem appropriate and shall contain:
(1) A description of the product, including its power source, if
any;
(2) Information pertaining to the test facility for the product
establishing that the test facility meets all requirements which EPA may
prescribe;
(3) All noise emission data from the test of the product;
(4) Data required by the Administrator relative, but not limited to,
the following characteristics;
(i) Safety;
(ii) Performance Characteristics;
(iii) Reliability of product and reliability of low-noise-emission
features;
(iv) Maintenance;
(v) Operating Costs;
(vi) Conformance with Federal Agency Purchase Specifications; and
(5) Such other information as the Administrator may request.
(b) Specific data requirements relative to paragraph (a)(4) of this
section will be published separately from the low-noise-emission
criterion for that product or class of products.
(c) The Administrator will, immediately upon receipt of the
application for certification, publish in the Federal Register a notice
of the receipt of the application. The notice will request written
comments and documents from interested parties in support of, or in
opposition to, certification of the class or model of product under
consideration.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.3]
[Page 75]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.3 Test procedures.
(a) The applicant shall test or cause his product to be tested in
accordance with procedures contained in the regulations issued pursuant
to section 6 of the act unless otherwise specified.
(b) The Administrator may conduct whatever investigation is
necessary, including actual inspection of the product at a place
designated by him.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.4]
[Page 75]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.4 Low-noise-emission product determination.
(a) The Administrator will, within ninety (90) days after receipt of
a properly filed application for certification, determine whether such
product is a low-noise-emission product. In doing so, he will determine
if the product:
(1) Is one for which a noise source emission standard has been
promulgated under section 6 of the act;
(2) Emits levels of noise in amounts significantly below the levels
specified in noise emission standard under regulations under section 6
of the act applicable to that product or class of products; and
(3) Is labeled in accordance with regulations issued pursuant to
section 8 of the act.
(b) The Administrator will, upon making the determination whether a
product is a low-noise-emission product, publish in the Federal Register
notice of his determination, and the reasons therefor.
(c) The notice of determination that a product is a low-noise-
emission product shall be revocable whenever a change in the low-noise-
emission product criterion for what product occurs between determination
and decision. Notice of any revocation will be published in the Federal
Register, together with a statement of the reasons therefor.
(d) The notice of determination that a product is a low-noise-
emission product shall expire upon publication in the Federal Register
of the Administrator's notice of a decision that a product will not be
certified.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.5]
[Page 75-76]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.5 Suitable substitute decision.
(a) If the Administrator determines that a product is a low-noise-
emission product, then within one hundred and eighty (180) days of such
determination, in consultation with the appropriate Federal agencies,
the Administrator will decide whether such product is a suitable
substitute for any class or model or product being purchased by the
Federal Government for use by its agencies. Such decision will be based
upon the data obtained under Sec. 203.2, the Administrator's evaluation
of the data, comments of interested parties,
[[Page 76]]
and, as the Administrator deems appropriate, an actual inspection or
test of the product at such places and times as the Administrator may
designate.
(b) In order to compare the data for any class or model of product
with any class or model of product presently being purchased by the
Federal Government for which the applicant seeks to have its product
substituted, the Administrator will enter into appropriate agreements
with other Government agencies to gather the necessary data regarding
such class or model.
(c) Immediately upon making the decision as to whether a product
determined to be a low-noise-emission product is a suitable substitute
for any product or class of products being purchased by the Federal
Government for its use, the Administrator shall publish in the Federal
Register notice of such decision and the reasons therefor.
(d) If the Administrator decides that the product is a suitable
substitute for products being purchased by the Federal Government, he
will issue a certificate that the product is a suitable substitute for a
product or class of products presently being purchased by the Federal
Government and will specify with particularity the product or class of
products for which the certified product is a suitable substitute.
(e) Any certification made under this section shall be effective for
a period of one year from date of issuance.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.6]
[Page 76]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.6 Contracts for low-noise-emission products.
(a) Data relied upon by the Administrator in determining that a
product is a certified low-noise-emission product will be incorporated
by reference in any contract for the procurement of such product.
(b) A determination of price to the Government of any certified low-
noise-emission product will be made by the Administrator of General
Services in coordination with the appropriate Federal agencies in
accordance with such procedures as he may prescribe and with subsection
c(1) of section 15 of the Act.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.7]
[Page 76]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.7 Post-certification testing.
The Administrator will, from time to time, as he deems appropriate,
test the emissions of noise from certified low-noise-emission products
purchased by the Federal Government. If at any time he finds that the
noise emission levels exceed the levels on which certification was
based, the Administrator shall give the suppliers of such product
written notice of this finding, publish such findings in the Federal
Register and give the supplier an opportunity to make necessary repairs,
adjustments or replacements. If no repairs, adjustments or replacements
are made within a period to be set by the Administrator, he may order
the supplier to show cause why the product involved should be eligible
for recertification.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR203.8]
[Page 76]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 203--LOW-NOISE-EMISSION PRODUCTS--Table of Contents
Sec. 203.8 Recertification.
(a) A product for which a certificate has been issued may be
recertified for the following year upon reapplication to the
Administrator for this purpose upon such forms as the Administrator may
deem appropriate.
(b) If the applicant supplies information establishing that:
(1) The data previously submitted continues to describe his product
for purpose of certification;
(2) The low-noise-emission product criterion and ``suitable
substitute'' criteria are to be the same during the period
recertification is desired; and
(3) No notice has been issued under Sec. 203.7,
then recertification will be made within 30 days after receipt of an
appropriate recertification application by the Administrator.