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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                                   -10-

  (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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                                   -11-

   (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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                                   -12-

   (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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                                   -13-

   (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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                                   •14-

   (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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                                -15-

$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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                                  - 16-

                 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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                                  - 17-

               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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                              -18-

                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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                                  -19-

                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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