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U.S. Code as of:
01/19/04
Section 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.
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