xxxEPA
United States Washington, D.C. 20460
Environmental Protection December 1978
Agency
THE NOISE CONTROL ACT OF 1972
as amended by
THE QUIET COMMUNITIES ACT OF 1978
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The Noise Control Act of 1972, Public Law 92-574
(H.R. 11021,92nd Congress), October 27,1972
The Quiet Communities Act of 1978, Public Law 95-609
(S 3083,95th Congress), November 8,1978
which contains amendments to the
Noise Control Act of 1972 and a requirement
for an airport noise study.
These amendments are shown in italics.
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An Act
To control the emission or noise detrimental to the human environment,
and Tor other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SHORT TITLE
Section 1. This Act may be cited as the "Noise Control Act of 1972," as
amended by the "Quiet Communities Act of 1978."
FINDINGS AND POLICY
Sec. 2. (a) The Congress finds-
(1) that inadequately controlled noise presents a growing danger to the
health and welfare of the Nation's population, particularly in urban areas;
(2) that the major sources of noise include transportation vehicles and
equipment, machinery, appliances, and other products in commerce; and
(3) that, while primary responsibility for control of noise rests with
State and local governments, Federal action is essential to deal with major
noise sources in commerce, control of which requires national uniformity
of treatment.
(b) The Congress declares that it is the policy of the United States to pro-
mote an environment for all Americans free from noise that jeopardizes their
health or welfare. To that end, it is the purpose of this Act to establish a means
for effective coordination of Federal research and activities in noise control, to
authorize the establishment of Federal noise emission standards for products
distributed in commerce, and to provide information to the public respecting
the noise emission and noise reduction characteristics of such products.
DEFINITIONS
Sec. 3. For purposes of this Act:
(1) The term "Administrator" means the Administrator of the Envi-
ronmental Protection Agency.
(2) The term "person" means an individual, corporation, partnership,
or association, and (except as provided in sections ll(e) and 12(a)) in-
cludes any officer, employee, department, agency, or instrumentality of
the United States, a State, or any political subdivision of a State.
(3) The term "product" means any manufactured article or goods or
component thereof; except that such term does not include—
(A) any aircraft, aircraft engine, propeller, or appliance, as such
terms are defined in section 101 of the Federal Aviation Act of
1958;or
(B) (i) any military weapons or equipment which are designed for
combat use; (ii) any rockets or equipment which are designed for re-
search, experimental, or developmental work to be performed by the
National Aeronautics and Space Administration; or (iii) 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.
(4) The term "ultimate purchaser" means the first person who in good
faith purchases a product for purposes other than resale.
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(S) The term "new product" means (A) a product, the equitable or
legal title of which has never been transferred to an ultimate purchaser,
or (B) a product which is imported or offered for importation into the
United States and which is manufactured after the effective date of a regu-
lation under section 6 or section 8 which would have been applicable to
such product had it been manufactured in the United States.
(6) The term "manufacturer" means any person engaged in the manu-
facturing or assembling of new products, or the importing of new products
tor resale, or who acts for, and is controlled by, any such person in con-
nection with the distribution of such products.
(7) The term "commerce" means trade, traffic, commerce, or trans-
portation—
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(8) The term "distribute in commerce" means sell in, offer for sale in,
or introduce or deliver for introduction into, commerce.
(9) The term "State" includes the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Trust Territory of the Pacific Islands.
(10) The term "Federal agency" means an executive agency (as defined
in section 105 of title 5, United States Code) and includes the United
States Postal Service.
(11) The term "environmental noise" means the intensity, duration,
and the character of sounds from all sources.
FEDERAL PROGRAMS
Sec. 4. (a) The Congress authorizes and directs that Federal agencies shall,
to the fullest extent consistent with their authority under Federal laws admin-
istered by them, carry out the programs within their control in such a manner
as to further the policy declared in section 2(b).
(b) Each department, agency, or instrumentality of the executive, legisla-
tive, and judicial branches of the Federal Government—
(1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result, in the emis-
sion of noise,
shall comply with Federal, State, interstate, and local requirements respecting
control and abatement of environmental noise to the same extent that any
person is subject to such requirements. The President may exempt any single
activity or facility, including noise emission sources or classes thereof, of any
department, agency, or instrumentality in the executive branch from compli-
ance with any such requirement if he determines it to be in the paramount
interest of the United States to do so; except that no exemption, other than
for those products referred to in section 3(3)(B) of this Act, may be granted
from the requirements of sections 6, 17, and 18 of this Act. No such exemp-
tion shall be granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the budgetary pro-
cess and the Congress shall have failed to make available such requested appro-
priation. Any exemption shall be for a period not in excess of one year, but
additional exemptions may be granted for periods of not to exceed one year
upon the President's making a new determination. The President shall report
each January to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with his reason for
granting such exemption.
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(c) (1) The Administrator shall coordinate the programs of all Federal agen-
cies relating to noise research and noise control. Each Federal agency shall,
upon request, furnish to the Administrator such information as he may reason-
ably require to determine the nature, scope, and results of the noise-research
and noise-control programs of the agency.
(2) Each Federal agency shall consult with the Administrator in prescrib-
ing standards or regulations respecting noise. If at any time the Administrator
has reason to believe that a standard or regulation, or any proposed standard or
regulation, of any Federal agency respecting noise does not protect the public
health and welfare to the extent he believes to be required and feasible, he may
request such agency to review and report to him on the advisability of revising
such standard or regulation to provide such protection. Any such request may
be published in the Federal Register and shall be accompanied by a detailed
statement of the information on which it is based. Such agency shall complete
the requested review and report to the Administrator within such time as the
Administrator specifies in the request, but such time specified may not be less
than ninety days from the date the request was made. The report shall be pub-
lished in the Federal Register and shall be accompanied by a detailed statement
of the findings and conclusions of the agency respecting the revision of its
standard or regulation. With respect to the Federal Aviation Administration,
section 611 of the Federal Aviation Act of 1958 (as amended by section 7 of
this Act) shall apply in lieu of this paragraph.
(3) On the basis of regular consultation with appropriate Federal agencies,
the Administrator shall compile and publish, from time to time, a report on
the status and progress of Federal activities relating to noise research and noise
control. This report shall describe the noise-control programs of each Federal
agency and assess the contributions of those programs to the Federal Govern-
ment's overall efforts to control noise.
IDENTIFICATION OF MAJOR NOISE SOURCES; NOISE CRITERIA
AND CONTROL TECHNOLOGY
Sec. 5. (a) (1) The Administrator shall, after consultation with appropriate
Federal agencies and within nine months of the date of the enactment of this
Act, develop and publish criteria with respect to noise. Such criteria shall re-
flect the scientific knowledge most useful in indicating the kind and extent of
all identifiable effects on the public health or welfare which may be expected
from differing quantities and qualities of noise.
(2) The* Administrator shall, after consultation with appropriate Federal
agencies and within twelve months of the date of the enactment of this Act,
publish information on the levels of environmental noise, the attainment and
maintenance of which in defined areas under various conditipns_are requisite
to protect the public health and welfare with an adequate margin of safety.
(b) The Administrator shall, after consultation with appropriate Federal
agencies, compile and publish a report or series of reports (1) identifying
products (or classes of products) which in his judgment are major sources of
noise, and (2) giving information on techniques for control of noise from such
products, including available data on the technology, costs, and alternative
methods of noise control. The first such report shall be published not later
than eighteen months after the date of enactment of this Act.
(c) The Administrator shall from time to time review and, as appropriate,
revise or supplement any criteria or reports published under this section.
(d) Any report (or revision thereof) under subsection (b) (1) identifying
major noise sources shall be published in the Federal Register. The publication
or revision under this section of any criteria or information on control tech-
niques shall be announced in the Federal Recister. and conies shall he marl*
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NOISE EMISSION STANDARDS FOR PRODUCTS DISTRIBUTED IN COMMERCE
Sec. 6. (a) (1) The Administrator shall publish proposed regulations, meet-
ing the requirements of subsection (c), for each product—
(A) which is identified (or is part of a class identified) in any report
published under section 5 (b) (1) 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 the date of enactment of this Act, 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 5 (b) (1) on or before the date of publication of such initial pro-
posed regulations.
(B) In the case of any product described in paragraph (1) which is identi-
fied (or is part of a class identified) as a major source of noise in a report pub-
lished under section 5 (b) (1) after publication of the initial proposed regu-
lations under subparagraph (A) of this paragraph, regulations under para-
• graph (1) for such product shall be proposed and published by the Admin-
istrator 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 emis-
sion standards are not feasible for such product, prescribe regulations, meeting
the requirements of subsection (c), 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 the date of enactment of this Act,
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 5 (b) (1) identifying it (or a
class of products of which it is a part) as a major source of noise.
(b) The Administrator may publish proposed regulations, meeting the re-
quirements of subsection (c), for any product for which he is not required by
subsection (a) to prescribe regulations but for which, in his judgment, noise
emission standards arc 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), 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 pub-
lished 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 combination with other noise sources), the degree of noise reduc-
tion achievable through the application of the best available technology, and
the cost of compliance. In establishing such a standard for any product, the
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Administrator 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 emission standards shall be a performance standard. In addition, any
regulation under subsection (a) or (b) (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,
United States Code.
(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) (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 require-
ment imposed by paragraph (1) of this subsection shall be borne by the manu-
facturer. 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 manufac-
turer shall set forth in such statement the cost or value attributed to such de-
vices 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 man-
ufacturer as the Comptroller General has to those of a recipient of assistance
for purposes 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 which a regulation has been
prescribed by the Administrator under this section, any law or regula-
tion 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 prod-
uct 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 environmental noise (or one or more sources thereof)
through the licensing, regulation, or restriction of the use, operation, or move-
ment of any product or combination of products.
(f) A t 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
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petition respond by (1) publication of proposed revised regulations in accord-
ance with subsection fc) (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.
AIRCRAFT NOISE STANDARDS
Sec. 7. (a) The Administrator, after consultation 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
aircraft; (3) implications of identifying and achieving levels of cumulative noise
exposure around airports; and (4) additional measures available to airport oper-
ators and local governments 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 Committees 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
"Sec. 611. (a) For purposes of this section:
" (1) The term 'FAA' means Administrator of the Federal Aviation
Administration.
" (2) The term 'EPA* means the Administrator of the Environmental
Protection Agency.
" (b) (0 In order to afford present and future 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 pre-
scribe and amend standards for the measurement of aircraft noise and sonic
boom and shall prescribe and amend such regulations as the FAA may find
necessary to provide for the control and abatement of aircraft noise and sonic
boom, including the application of such standards and regulations in the issu-
ance, amendment, modification, suspension, or revocation of any certificate
authorized by this title. No exemption with respect to any standard or regula-
tion under this section may be granted under any provision of this Act unless
the FAA shall have consulted with EPA before such exemption is granted, ex-
cept that if the FAA determines that safety in air commerce or air transporta-
tion requires that such an exemption 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 prescribing standards and regulations in accordance with this
section, unless he shall have prescribed standards and regulations in accordance
withithis 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 required by
section 7 (a) of the Noise Control Act of 1972, EPA shall submit to the FAA
proposed regulations to provide such control and abatement of aircraft noise
and sonic boom (including control and abatement through the exercise of any
of the FAA's regulatory authority over air commerce or transportation or over
aircraft or airport operations) as EPA determines is necessary to protect the
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public health and welfare. The FAA shall consider such proposed regulations
submitted by EPA under this paragraph and shall, within thirty days of the
date of its submission to the FAA, publish the proposed regulations in a notice
of proposed rutemaking. Within sixty days after such publication, the FAA
shall commence a hearing at which interested persons shall be afforded an
opportunity for oral (as well as written) presentations of data, views, and argu-
ments. Within ninety days after the conclusion of such hearing and after con-
sultation with EPA, the FAA shall-
** (A) in accordance with subsection (b), prescribe regulations (i) sub-
stantially as they were submitted by EPA, or (ii) which are a modifica-
tion of the proposed regulations submitted by EPA, or
" (B) publish in the Federal Register a notice that it is not prescribing
any regulation in response to EPA's submission of proposed regulations,
together with a detailed explanation providing reasons for the decision
not to prescribe such regulations and a detailed analysis of and response
to all documentation or other information submitted by the Environ-
mental Protection Agency with such proposed regulations.
" (2) If EPA has reason to believe that the FAA's action with respect to a
regulation proposed by EPA under paragraph (1) (A) (ii) or (1) (B) of this sub-
section 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
proposed by EPA. Any such request shall be published in the Federal Register
and shall include a detailed statement of the information on which it is based.
The FAA shall complete the review requested and shall report 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 statement Tiled 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 in-
spection. 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 subsec-
tion 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 proposed regula-
tion 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 comparison of (A) the environmental effects (including 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 standards and regulations under this
section, the FAA shall—
" (1) consider relevant available data relating to aircraft noise and
sonic boom, including 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;
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" (3) consider whether any proposed standard or regulation is con-
sistent with the highest degree of safety in air commerce or air transpor-
tation in the public interest;
" (4) consider whether any proposed standard or regulation is eco-
nomically 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, suspend, or revoke a certificate in
which violation 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 welfare do not require the affirmation of such order, or that
such order is not consistent with safety in air commerce or air transportation."
(c) All-
(1) standards, rules, and regulations prescribed under section 611 of
the Federal Aviation Act of 1958, and
(2) exemptions, granted under any provision of the Federal Aviation
Act of 1958, with respect to such standards, rules, and regulations,
which are in effect on the date of the enactment of this Act, shall continue in
effect according to their terms until modified, terminated, superseded, set
aside, or repealed by the Administrator of the Federal Aviation Administration
in the exercise of any authority vested in him, by a court of competent juris-
diction, or by operation of law.
LABELING
Sec. 8. (a) The Administrator shall by regulation designate any product
(or class thereof)-
(1) which emits noise capable of adversely affecting the public health
or we!fare; 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 Administrator shall by regulation require that notice be given to the
prospective user of the level of the noise the product emits, or of its effective-
ness 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 man-
ner, (2) the form of the notice, and (3) the methods and units of measurement
to be used. Sections 6 (c) (2) shall apply to the prescribing of any regulation
under this section.
(c) This section does not prevent any State or political subdivision thereof
from regulating product labeling or information respecting products in any way
not in conflict with regulations prescribed by the Administrator under this
section.
IMPORTS
Sec. 9. The Secretary of the Treasury shall, in consultation with the Admin-
istrator, issue regulations to carry out the provisions of this Act with respect to
new products imported or offered for importation.
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PROHIBITED ACTS
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 distribute in commerce any new
product manufactured after the effective date of a regulation prescribed
under section 6 which is applicable to such product, except in conformity
with such regulation.
(2) (A) The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair, or replacement, of any device or ele-
ment of design incorporated into any product in compliance with regula-
tions under section 6, prior to its sale or delivery to the ultimate purchaser
or while it is in use, or (B) the use of a product after such device or ele-
ment of design has been removed or rendered inoperative by any person.
(3) In the case of a manufacturer, to distribute in commerce any new
product manufactured after the effective date of a regulation prescribed
under section 8 (b) (requiring information respecting noise) which is ap-
plicable to such product, except in conformity with such regulation.
(4) The removal by any person of any notice affixed to a product or
container pursuant to regulations prescribed under section 8 (b), prior to
sale of the product to the ultimate 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 product.
(6) The failure or refusal by any person to comply with any require-
ment of section 11 (d) or 13 (a) or regulations prescribed under section
13 (a), 17, or 18.
(b) (1) For the purpose of research, investigations, studies, demonstrations,
or training, or for reasons of national security, 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 conditions 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 otherwise marked to show
that it is manufactured solely for use outside any State; except that such para-
graphs shall apply to such product if it is in fact distributed in commerce for
use in any State.
ENFORCEMENT
Sec. 11. (a) (1) 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 imprisonment
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, punish-
ment 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.
(2) Any person who violates paragraph (I), (3), (5), or (6) of subsection (a)
of section 10 of this Act shall be subject to a civil penalty not to exceed
$10,000 per day of such violation,
(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 restrain any violations of
section 10 (a) of this Act.
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(d) (1) Whenever any person is in violation of section 10 (a) of this Act, the
Administrator 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 for a hearing in accordance with section 554 of title 5 of the
United States Code.
(e) The term "person," as used in this section, does not include a depart-
ment, agency, or instrumentality of the United States.
CITIZEN SUITS
Sec. 12. (a) Except as provided in subsection (b), any person (other than
the United States) may commence a civil action on his own behalf-
(1) against any person (including (A) the United States, and (B) any
other governmental instrumentality or agency to the extent permitted by
the eleventh amendment to the Constitution) who is alleged to be in viola-
tion, of any noise control requirement (as defined in subsection (e)), or
(2) against-
(A) the Administrator of the Environmental 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 Ad-
ministrator, or
(B) the Administrator of the Federal Aviation 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 (i) to the Administrator of the Environmental Protection
Agency (and to the Federal Aviation Administrator in the case of a
violation of a noise control requirement under such section 611) and
(ii) to any alleged violator of such requirement, or
(B) if an Administrator has commenced and is diligently prosecut-
ing a civil action to require compliance with the noise control require-
ment, 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 defendant 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 prescribe by regulation.
(c) In an action under this section, the Administrator of the Environmental
Protection Agency, if not a party, may intervene as a matter of right. In an
action under this section respecting a noise control requirement under section
611 of the Federal Aviation 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 litigation (including reason-
able attorney and expert witness fees) to any party, whenever the court deter-
mines such an award is appropriate.
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(e) Nothing in this section shall restrict any right which any person (or
class of persons) may have under any statute or common law to seek enforce-
ment of any noise control requirement or to seek any other relief (including
relief against an Administrator).
(0 For purposes of this section, the term "noise control requirement"
means paragraph (1), (2), (3), (4), or (5) of section 10 (a), or a standard, rule,
or regulation issued 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 product to which regulations under sec-
tion 6 or section 8 apply shall-
(1) establish and maintain such records, make such reports, provide
such information, and make such tests, as the Administrator may reason-
ably 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, permit 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 coming 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 representa-
tives pursuant 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 purpose of
that section, except that such information 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 proceeding under this Act.
(2) Nothing in this subsection shall authorize the withholding of informa-
tion by the Administrator, or by any officers or employees under his control,
from the duly authorized committees of the Congress.
(c) Any person who knowingly makes any false statement, representation,
or certification 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 inaccurate any monitoring device or method re-
quired to be maintained under this Act, shall upon conviction be punished by
a fine of not more than $10,000, or by imprisonment for not more than six
months, or by both.
QUIET COMMUNITIES, RESEARCH, PUBLIC INFORMATION
Sec. 14. To promote the development of effective State and local noise
control programs, to provide an adequate Federal noise control research pro-
gram designed to meet the objectives of this Act, and to otherwise carry out
the policy of this Act, the Administrator shall, in cooperation with other Fed-
eral agencies and through the use of grants, contracts, and direct Federal
actions-
(a) develop and disseminate information and educational materials to all
segments of the public on the public health and other effects of noise and the
most effective means for noise control, through the use of materials for school
curricula, volunteer organizations, radio and television programs, publication,
and other means;
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(b) conduct or finance research directly or with any public or private
organization or any person on the effects, measurement, and control of noise,
including but not limited to-
(1) investigation of the psychological and physiological effects of noise
on humans and the effects of noise on domestic animals, wildlife, and
property, and the determination of dose/response relationships suitable
for use in decision-making, with special emphasis on the nonauditory
effects of noise;
(2) investigation, development, and demonstration of noise control
technology for products subject to possible regulation under sections 6, 7,
and 8 of this Act;
(3) investigation, development, and demonstration of monitoring
equipment and other technology especially suited for use by State and
local noiseicontrol programs;
(4) investigation of the economic impact of noise on property and
human activities; and
(5) investigation and demonstration of the use of economic incen-
tives (including emission charges) in the control of noise;
(c) administer a nationwide Quiet Communities Program which shall in-
clude, but not be limited to-
(1) grants to States, local governments, and authorized regional plan-
ning agencies for the purpose of-
(A) identifying and determining the nature and extent of the noise
problem within the subject jurisdiction;
(B) planning, developing, and establishing a noise control capacity
in such jurisdiction, including purchasing initial equipment;
(C) developing abatement plans for areas around major transpor-
tation facilities (including airports, highways, and rail yards) and other
major stationary sources of noise, and, where appropriate, for the
facility or source itself; and,
(D) evaluating techniques for controlling noise (including institu-
tional arrangements) and demonstrating the best available techniques
in such jurisdiction;
(2) purchase of monitoring and other equipment for loan to State and
local noise control programs to meet special needs or assist in the begin-
ning implementation of a noise control program or project;
(3) development and implementation of a quality assurance program
for equipment and monitoring procedures of State and local noise control
programs to help communities assure that their data collection activities
are accurate;
(4) conduct of studies and demonstrations to determine the resource
and personnel needs of States and local governments required for the
establishment and implementation of effective noise abatement and con-
trol programs; and
(S) development of educational and training materials and programs,
including national and regional workshops, to support State and heal
noise abatement and control programs;
except that no actions, plans or programs hereunder shall be inconsistent with
existing Federal authority under this Act to regulate sources of noise in inter-
state commerce;
(d) develop and implement a national noise environmental assessment pro-
gram to identify trends in noise exposure and response, ambient levels, and
compliance data and to determine otherwise the effectiveness of noise abate-
ment actions through the collection of physical, social, and human response
data;
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(e) establish regional technical assistance centers which use the capabilities
of university and private organizations to assist State and heal noise control
programs;
(f) provide technical assistance to State and local governments to facilitate
their development and enforcement of noise control, including direct onsite
assistance of agency or other personnel with technical expertise, and prepara-
tion of model State or local legislation for noise control; and
(g) provide for the maximum use in programs assisted under this section of
senior citizens and persons eligible for participation in programs under the
Older A mericans A ct.
-f
DEVELOPMENT OF LOW-NOISE-EMISSION PRODUCTS
Sec. IS. (a) For the purpose of this section.
(1) The term "Committee" means the Low-Noise-Emission Product
Advisory Committee.
(2) The term "Federal Government" includes the legislative, execu-
tive, and judicial branches of the Government of the United Stales, 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 specified in noise
emission standards under regulations 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-emission products in accordance with the provisions 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 Ad-
ministrator; 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 Government.
(3) The Administrator may establish a Low-Noise-Emission Product Ad-
visory Committee to assist him in determining which products qualify as low-
noise-emission products for purposes of this section. The Committee shall
include the Administrator or his designee, a representative of the National
Bureau of Standards, and representatives of such other Federal agencies and
private individuals as the Administrator may deem necessary from time to
time. Any member of the Committee not employed on a full-time basis by the
United States may receive the daily equivalent of the annual rate of basic pay
in effect for grade GS-18 of the General Schedule for each day such member
is engaged upon work of the Committee. Each member of the Committee shall
be reimbursed for travel expenses, including per diem in lieu of subsistence as
authorized by section 5703 of title S, United States Code, for persons in the
Government service employed intermittently.
(4) Certification under this section shall be effective for a period of one
year from the date of issuance.
(S) (A) Any person seeking to have a class or model of product certified
under this section shall file a certification application in accordance with regu-
lations prescribed by the Administrator.
(B) The Administrator shall publish in the Federal Register a notice of each
application received.
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(C) The Administrator shall make determinations for the purpose of this
section in accordance with procedures prescribed by him by regulation.
(D) The Administrator shall conduct whatever investigation is necessary,
including actual inspection of the product at a place designated in regulations
prescribed under subparagraph (A).
(E) The Administrator shall receive and evaluate written comments and
documents from interested persons in support of, or in opposition to, certifica-
tion of the class or model of product under consideration.
(F) Within ninety days after the receipt of a properly filed certification
application the Administrator shall determine whether such product is a low-
noise-emission product for purposes of this section. If the Administrator deter-
mines that such product is a low-noise-emission product, then within one hun-
dred and eighty days of such determination the Administrator shall reach a
decision 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 determination or decision under sub-
paragraph (F), the Administrator shall publish in the Federal Register notice
of such determination or decision, including reasons therefor.
(c) (I) Certified low-noise-emission products 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 determines 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 incorporated in any contract
for the procurement of such product.
(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 be-
tween competing eligible certified low-noise-emission products, the procuring
agency shall give priority to any class or model wluch does not require exten-
sive periodic maintenance to retain its low-noise-emission qualities or which
does not involve operating costs significantly in excess of those products for
which it is a certified substitute.
(e) For the purpose of procuring certified low-noise-emission products any
statutory price limitations shall be waived.
(f) The Administrator shall, from time to time as he deems appropriate,
test the emissions of noise from certified low-noise-emission products pur-
chased by the Federal Government. If at any time he finds that the noise-
emission levels exceed the levels on which certification under this section was
based, the Administrator shall give the supplier of such product written notice
of this finding, issue public notice of it, and give the supplier an opportunity to
make necessary repairs, adjustments, or replacements. If no such repairs, ad-
justments, or replacements are made within a period to be set by the Adminis-
trator, he may order the supplier to show cause why the product involved
should be eligible for recerlification.
(g) There are authorized to be appropriated for paying additional amounts
for products pursuant to, and for carrying out the provisions of, this section,
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$1,000,000 for the fiscal year ending June 30, 1973, and $2,000,000 for each
of the two succeeding Fiscal years.
(h) The Administrator shall promulgate the procedures required to imple-
ment this section within one hundred and eighty days after the date of enact-
ment of this Act.
JUDICIAL REVIEW; WITNESSES
Sec. 16. (a) A petition for review of action of the Administrator of the En-
vironmental Protection Agency in promulgating any standard or regulation
under section 6, 17, or 18 of this Act or any labeling regulation under section 8
of this Act may be filed only in the United States Court of Appeals for the
District of Columbia Circuit, and a petition for review of action of the Admin-
istrator of the Federal Aviation Administration in promulgating any standard
or regulation under section 611 of the Federal Aviation Act of 1958 may be
filed only in such court. Any such petition shall be filed within ninety days
from the date of such promulgation, or after such date if such petition is based
solely on grounds arising after such ninetieth day. Action of either Adminis-
trator with respect to which review could have been obtained under this sub-
section shall not be subject to judicial review in civil or criminal proceedings
for enforcement.
(b) If a party seeking review under this Act applies to the court for leave to
adduce additional evidence, and shows to the satisfaction of the court that the
information is material and was not available at the time of the proceeding
before the Administrator of such Agency or Administration (as the case may
be), the court may order such additional evidence (and evidence in rebuttal
thereof) to be taken before such Administrator, and to be adduced upon the
hearing, in such manner and upon such terms and conditions as the court may
deem proper. Such Administrator may modify his findings as to the facts, or
make new findings, by reason of the additional evidence so taken, and he shall
file with the court such modified or new findings, and his recommendation, if
any, for the modification or setting aside of his original order, with the return
of such additional evidence.
(c) With respect to relief pending review of an action by either Admin-
istrator, no stay of an agency action may be granted unless the reviewing
court determines that the party seeking such stay is (1) likely to prevail on the
merits in the review proceeding and (2) will suffer irreparable harm pending
such proceeding.
(d) For the purpose of obtaining information to carry out this Act, the
Administrator of the Environmental Protection Agency may issue subpenas
for the attendance and testimony of witnesses and the production of relevant
papers, books, and documents, and he may administer oaths. Witnesses sum-
moned shall be paid the same fees and mileage that are paid witnesses in the
courts of the United States. In cases of contumacy or refusal to obey a subpena
served upon any person under this subsection, the district court of the United
States for any district in which such person is found or resides or transacts
business, upon application by the United States and after notice to such per-
son, shall have jurisdiction to issue an order requiring such person to appear
and give testimony before the Administrator, to appear and produce papers,
books, and documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a contempt
thereof.
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RA1LROAD NOISE EMISSION STANDARDS
Sec. 17. (a) (1) Within nine months after the date of enactment of this Act,
the Administrator shall publish proposed noise emission regulations for surface
carriers engaged in interstate commerce by railroad. Such proposed regulations
shall include noise emission standards setting such limits on noise emissions
resulting from operation of the equipment and facilities of surface carriers en-
gaged in interstate commerce by railroad which reflect the degree of noise
reduction achievable through the application of the best available technology,
taking into account the cost of compliance. These regulations shall be in addi-
tion to any regulations that may be proposed under section 6 of this Act.
(2) Within ninety days after the publication of such regulations as may be
proposed under paragraph (1) of this subsection, and subject to the provisions
of section 16 of this Act, the Administrator shall promulgate final regulations.
Such regulations may be revised, from time to time, in accordance with this
subsection.
(3) Any standard or regulation, or revision thereof, proposed under this
subsection shall be promulgated only after consultation with the Secretary of
Transportation in order to assure appropriate consideration for safety and
technological availability.
(4) Any regulation or revision thereof promulgated under this subsection
shall take effect after such period as the Administrator finds necessary, after
consultation with the Secretary of Transportation, to permit the development
and application of the requisite technology, giving appropriate consideration
to the cost of compliance within such period.
(b) The Secretary of Transportation, after consultation with the Adminis-
trator, shall promulgate regulations to insure compliance with all standards
promulgated by the Administrator under this section. The Secretary of Trans-
portation shall carry out such regulations through the use of his powers and
duties of enforcement and inspection authorized by the Safety Appliance Acts,
the Interstate Commerce Act, and the Department of Transportation Act.
Regulations promulgated under this section shall be subject to the provisions
of sections 10, 11,12, and 16 of this Act.
(c) (1) Subject to paragraph (2) but notwithstanding any other provision of
this Act, after the effective date of a regulation under this section applicable to
noise emissions resulting from the operation of any equipment or facility of a
surface carrier engaged in interstate commerce by railroad, no State or political
subdivision thereof may adopt or enforce any standard applicable to noise
emissions resulting from the operation of the same equipment or facility of
such carrier unless such standard is identical to a standard applicable to noise
emissions resulting from such operation prescribed by any regulation under
this section.
(2) Nothing in this section shall diminish or enhance the rights of any State
or political subdivision thereof to establish and enforce standards or controls
on levels of environmental noise, or to control, license, regulate, or restrict the
use, operation, or movement of any product if the Administrator, after consul-
tation with the Secretary of Transportation, determines that such standard,
control, license, regulation, or restriction is necessitated by special local condi-
tions and is not in conflict with regulations promulgated under this section.
(d) The terms "carrier" and "railroad" as used in this section shall have the
same meaning as such terms have under the first section of the Act of Febru-
ary 17, 1911 (45 U.S.C. 22).
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MOTOR CARRIER NOISE EMISSION STANDARDS
Sec. 18 (a)(l) Within nine months after the date of enactment of this Act,
the Administrator shall publish proposed noise emission regulations for motor
carriers engaged in interstate commerce. Such proposed regulations shall in-
clude noise emission standards setting such limits on noise emissions resulting
from operation of motor carriers engaged in interstate commerce which reflect
the degree of noise reduction achievable through the application of the best
available technology, taking into account the cost of compliance. These regu-
lations shall be in addition to any regulations that may be proposed under
section 6 of this Act.
(2) Within ninety days after the publication of such regulations as may be
proposed under paragraph (1) of this subsection, and subject to the provisions
of section 16 of this Act, the Administrator shall promulgate final regulations.
Such regulations may be revised from time to time, in accordance with this
subsection.
(3) Any standard or regulation, or revision thereof, proposed under this
subsection shall be promulgated only after consultation with the Secretary of
Transportation in order to assure appropriate consideration for safety and
technological availability.
(4) Arty regulation or revision thereof promulgated under this subsection
shall take effect after such period as the Administrator finds necessary, after
consultation with the Secretary of Transportation, to permit the development
and application of the requisite technology, giving appropriate consideration to
the cost of compliance within such period.
(b) The Secretary of Transportation, after consultation with the Admin-
istrator, shall promulgate regulations to insure compliance with all standards
promulgated by the Administrator under this section. The Secretary of Trans-
portation shall carry out such regulations through the use of his powers and
duties of enforcement and inspection authorized by the Interstate Commerce
Act and the Department of Transportation Act. Regulations promulgated
under this section shall be subject to the provisions of sections 10, 11, 12, and
16 of this Act.
(c) (1) Subject to paragraph (2) of this subsection but not withstanding any
other provision of this Act, after the effective date of a regulation under this
section applicable to noise emissions resulting from the operation of any motor
carrier engaged in interstate commerce, no State or political subdivision thereof
may adopt or enforce any standard applicable to the same operation of such
motor carrier, unless such standard is identical to a standard applicable to noise
emissions resulting from such operation prescribed by any regulation under
this section.
(2) Nothing in this section shall diminish or enhance the rights of any State
or political subdivision thereof to establish and enforce standards or controls
on levels of environmental noise, or to control, license, regulate, or restrict the
use, operation, or movement of any product if the Administrator, after consul-
tation with the Secretary of Transportation, determines that such standard,
control, license, regulation, or restriction is necessitated by special local condi-
tions and is not in conflict with regulations promulgated under this section.
(d) For purposes of this section, the term "motor carrier" includes a com-
mon carrier by motor vehicle, a contract carrier by motor vehicle, and a private
carrier of property by motor vehicle as those terms are defined by paragraphs
(14), (IS), and (17) of section 203 (a) of the Interstate Commerce Act (49
U.S.C. 303 (a)).
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AUTHORiZATION OF APPROPRIATIONS
Sec. 19. There are authorized to be appropriated to carry out this Act
(other than for research and development) $15,000,000 for the fiscal year
ending September 30,1979.
LEGISLATIVEHISTORY: Public Law 92-574
HOUSE REPORT No. 92-842 (Comm. on Interstate and Foreign Commerce).
SENATE REPORT No. 92-1160 accompanying S. 3342 (Comm. on Public
Works).
CONGRESSIONAL RECORD, Vol. 118 (1972):
Feb. 29, considered and passed House.
Oct. 12, 13, considered and passed Senate, amended, in lieu of S. 3342.
Oct. 18, House concurred in Senate amendment, with an amendment;
Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44:
Oct. 28, Presidential statement.
LEG/SLA TIVE HISTOR Y: Public Law 95-609
HOUSE REPORT No. 95-1171, accompanying H.R. 12647 (Comm. on Inter-
state and Foreign Commerce).
SENATE REPORT No. 95-875 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
July 19, considered and passed Senate.
Oct. 10, H.R. 12647 considered and passed House, passage vacated, and
S. 3083, amended, passed in lieu.
Oct. 13, Senate concurred in House amendments,
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SECT1ON 8 OF THE QUIET COMMUNITIES ACT1
Sec. 8. (a) The Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall jointly study the aircraft noise effects
from an airport on communities located in a State other than the State in
which the airport is located. The criteria to be used in selecting the airport to
be studied shall include:
(1) the airport shall be operated by a State, a unit of general purpose
local government of a State, or a special purpose entity constituted for the
purpose of operating an airport, and
(2) the airport shall have a point on the airport boundary within one
nautical mile from a State boundary, and
(3) the airport shall have had in excess of sixty thousand scheduled air
carrier departures during the preceding calendar year.
(b) The study shall be conducted in cooperation with the airport operator,
appropriate Federal, State, and local officials, and the appropriate Metropoli-
tan Planning Organization.
(c) The Secretary and the Administrator shall prepare and submit to Con-
gress a report within nine months of the conclusion of the study, but no later
than twenty-four months after enactment of this section.
This section of the Quiet Communities Act does not amend the Noise Control Act of
1972. One other Tree-standing provision of the Quiet Communities Act of 1978 con-
tained technical amendments to the Solid Waste Disposal Act. These solid waste
amendments are not printed here.
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