[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4905]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE

 
                        CHAPTER 65-- NOISE CONTROL

 
Sec. 4905. Noise emission standards for products distributed in commerce

        



(a) Proposed regulations



    (1) The Administrator shall publish proposed regulations, meeting 

the requirements of subsection (c) of this section, for each product--

        (A) which is identified (or is part of a class identified) in 

    any report published under section 4904(b)(1) of this title 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:

            (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.



    (2)(A) Initial proposed regulations under paragraph (1) shall be 

published not later than eighteen months after October 27, 1972, 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 4904(b)(1) of this title on 

or before 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 4904(b)(1) of this title after 

publication of the initial proposed regulations under subparagraph (A) 

of this paragraph, regulations under paragraph (1) for such product 

shall be proposed 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 paragraph (2), the Administrator shall, unless in his 

judgment  noise  emission standards are not feasible for such product, 

prescribe regulations, meeting the requirements of subsection (c) of 

this section, for such product--

        (A) not earlier than six months after publication of such 

    proposed regulations, and

        (B) not later than--

            (i) twenty-four months after October 27, 1972, 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 4904(b)(1) of 

        this title identifying it (or a class of products of which it is 

        a part) as a major source of  noise .



(b) Authority to publish regulations not otherwise required



    The Administrator may publish proposed regulations, meeting the 

requirements of subsection (c) of this section, for any product for 

which he is not required by subsection (a) of this section to prescribe 

regulations but for which, in his judgment,  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 proposed 

regulations respecting such product, he may prescribe regulations, 

meeting the requirements of subsection (c) of this section, for such 

product.



(c) Contents of regulations; appropriate consideration of other 

        standards; participation by interested persons; revision



    (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 4904 of this title, 

is requisite to protect the public health and welfare, taking into 

account the magnitude and conditions of use of such product (alone or in 

combination 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 Administrator shall give appropriate consideration to standards 

under other laws designed to safeguard the health and welfare of 

persons, including any standards under  chapter  301 of title 49, the 

Clean Air Act [42 U.S.C. 7401 et seq.], and the Federal Water Pollution 

Control Act [33 U.S.C. 1251 et seq.]. Any such  noise  emission standards 

shall be a performance standard. In addition, any regulation under 

subsection (a) or (b) of this section (and any revision thereof) may 

contain testing procedures necessary to assure compliance with the 

emission standard 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 regulations under this 

section, the Administrator shall allow interested persons an opportunity 

to participate in rulemaking in accordance with the first sentence of 

section 553(c) of title 5.

    (3) The Administrator may revise any regulation prescribed by him 

under this section 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 promulgated earlier than six months 

after such date if the Administrator finds that such earlier 

promulgation is in the public interest.



(d) Warranty by manufacturer of conformity of product with regulations; 

        transfer of cost obligation from manufacturer to dealer 

        prohibited



    (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 regulation 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 incurred as a result of any 

requirement imposed 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 franchise or other agreement is 

prohibited.

    (3) If a manufacturer includes in any advertisement 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 attributed 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, documents, papers, and records of a manufacturer as the 

Comptroller General has to those of a recipient of assistance for 

purposes of section 311 of the Clean Air Act [42 U.S.C. 7611].



(e) State and local regulations



    (1) No State or political subdivision thereof may adopt or enforce--

        (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 incorporated 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 4916 and 4917 of this title, nothing in this 

section precludes or denies the right of any State or political 

subdivision thereof to establish and enforce controls on environmental 

 noise  (or one or more sources thereof) through the licensing, 

regulation, or restriction of the use, operation, or movement of any 

product or combination of products.



(f) Publication of notice of receipt of revision petitions and proposed 

        revised regulations



    At any time after the promulgation of regulations respecting a 

product under this section, a State or political subdivision thereof may 

petition the Administrator to revise such standard on the grounds that a 

more stringent standard under subsection (c) of this section is 

necessary to protect the public health and welfare. The Administration 

shall publish notice of receipt of such petition in the Federal Register 

and shall within ninety days of receipt of such petition respond by (1) 

publication of proposed revised regulations in accordance with 

subsection (c)(3) of this section, or (2) publication in the Federal 

Register of a decision not to publish such proposed revised regulations 

at that time, together with a detailed explanation for such decision.



(Pub. L. 92-574, Sec. 6, Oct. 27, 1972, 86 Stat. 1237; Pub. L. 95-609, 

Sec. 5, Nov. 8, 1978, 92 Stat. 3081.)



                       References in Text



    The Clean Air Act, referred to in subsec. (c)(1), is act July 14, 

1955, ch. 360, 69 Stat. 322, as amended, which is classified generally 

to  chapter  85 (Sec. 7401 et seq.) of this title. For complete 

classification of this Act to the Code, see Short Title note set out 

under section 7401 of this title and Tables.

    The Federal Water Pollution Control Act, referred to in subsec. 

(c)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 

generally to  chapter  26 (Sec. 1251 et seq.) of Title 33, Navigation and 

Navigable Waters. For complete classification of this Act to the Code, 

see Short Title note set out under section 1251 of Title 33 and Tables.



                          Codification



    In subsec. (c)(1), `` chapter  301 of title 49'' substituted for ``the 

National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et 

seq.]'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 

Stat. 1378, the first section of which enacted subtitles II, III, and V 

to X of Title 49, Transportation.





                               Amendments



    1978--Subsec. (f). Pub. L. 95-609 added subsec. (f).



                  Section Referred to in Other Sections



    This section is referred to in sections 4902, 4903, 4907, 4909, 

4912, 4913, 4914, 4915, 4916, 4917 of this title.

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