United States
Environmental Protection
Agency
             Office of
             Noise Abatement Control
             Washington, D.C. 20460
      EPA 550/9-79-255
      August 1979
NOISE
Regulatory Analysis
Supporting the
General Provisions for
Product Noise  Labeling
      Noise
      Reduction
      r-k j.-
      Rating
                    DECIBELS


         (WHEN USED AS DIRECTED)
       THE RANGE OF
         FOR EXISTING
           IS APPRO
     (HIGH NUMBERS DENC
      (Manufacturer)
               Noise
               Rating
79
DECIBELS
Federal law prohibits
removal of this label
prior to purchase.
                 (LOWER NOISE RATINGS MEAN QUIETER PRODUCTS)

                  THE APPROXIMATE RANGE IN NOISE RATINGS

                   FOR (PRODUCT) IS FROM 55 TO 85 DECIBELS
                   (Manufacturer)
                                    (Model No.)
            Federal law prohibits ,' g*± .
            removal of this label } ^*^7
            prior to purchase.  \. •***•./
                              LABEL REQUIRED BY
                              U.S. E.P.A. REGULATION
                              40 CFR Part 211. Subpart_

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                                              EPA 550/9-79-255
                      REGULATORY ANALYSIS

                        SUPPORTING THE

                      GENERAL PROVISIONS

                             FOR

                    PRODUCT NOISE LABELING
                         August,  1979
             U.S. ENVIRONMENTAL PROTECTION AGENCY
                    Washington, D.C. 20460
   This document has been approved for general availability.
It does not constitute a standard, -specification or regulation,

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                            FOREWORD





     This Regulatory Analysis has been  prepared  by  the United



States Environmental Protection  Agency  in support of  the  General



Provisions for  Product  Noise  Labeling.   The regulation is  being



promulgated  under the authority  of  sections  8,  10, 11, and  13  of



the Noise Control Act of  1972.

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                         TABLE OF CONTENTS
Introduction	     !

Outline and Summary of the Regulatory Analysis	     4

PART I.  DEVELOPMENT OF NOISE LABELING GENERAL PROVISIONS

  Section 1.  Review of Labeling Laws	••	    11
    Cigarettes	•	    14
    Products Covered by "Fair Packaging and
      Labeling Act"	.....    15
    Food Covered by "Food, Drug and Cosmetic Act"	!•.    16
    Products Covered by "Consumer Product Safety Act"	    19
    Products Covered by Federal "Hazardous Substances Act"...    21
    Insecticides, Fungicides and Rodenticides	    23
    Light Duty Motor Vehicles	    25
    Passenger Car Tires	    27
    Non-Prescription Drugs	    29
    Food	    31
    Manufactured or Processed Dairy Products	    33
    Butter	    34
    Agricultural Seeds	    35
    Shell Eggs	    37
    Products Covered by the "Agricultural Marketing
      Act of 1946"	    39
    Livestock, Meats, Prepared Meats and Meat
      Products	•	    40
    Cottonseed for Crushing Purposes	    41
    Workplace Signs (General Requirements)	••    42
    Workplace Signs and Markings (Specific
      Requirements)	    43
    Workplace Machinery	    45
    Gasoline	    46
    Full-size Baby Cribs	    47
    Light Duty Motor Vehicles, Heavy Duty
      Gasoline Engines	    49
    Textile Wearing Apparel and Yard Goods	    50

  Section 2.  Noise Labeling-General Approach	    51
    Type of Labels  .	•	    51
    Informational Labeling	,	    52
    Noise Labeling under Section 8 of  the Noise
      Control Act	•	    59
    Major Characteristics of Labels	•	    66
      Label Content	    66
      Physical Characteristics	    67
      Label Location	•	    76
    Rating Schemes	    77

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                   TABLE OF CONTENTS (Continued)
                                                               Paqe
  Section 3.  Noise Labeling - Graphics	    80
    Background	    80
    Design Criteria	    83
    Content	    83
    Design Characteristics	..	    85
    Design Description	    86
    Noise Rating Guide	    87
    Label Types	•	    87
    Placement	    88
    Education	    88

  Section 4.  Rating Schemes for Noise Producers	    89
    Acoustic Characteristics of Products.	...    89
    How Sound Behaves	    90
      Sound Power Level vs Sound Pressure Level	    90
    Relation Between Sound Power and Sound Pressure
      in Various Situations	    93
      Sound Outdoors	    93
      Sound Source Out in Space	    94
      Sound Source Against a Reflecting Surface	    95
      Sound Indoors	    96
    Typical User Distances and Label-Noise Rating
      Categories	.   107
    Conclusion	   109
    Appendix A - Octave Bands that Dominate the A-Weighted
      Sound Levels in Equipment Likely to be Labeled...	   113
    References for Part I	   114
    Selected Bibliography for Part 1	   115
    Statutory References for Part I	 *	   117

PART II.  DOCKET ANALYSIS

  Section 1.  General Issues.	   121
    1.1 Voluntary Labeling Programs	   122
    1.2 Statutory Authority	   127
    1.3 Proliferation of Product Labels....	   136
    1.4 Aud ience Addressed	   137

  Section 2.  Product Selection Issues	   141
    2.1 Product Selection Criteria....	   141
    2.2 Noise-Reducing Products.	   150

  Section 3.  Label Content	   153
    3.1 Comparative Acoustic Information	,.	   153
    3.2 Descriptor	 *	   156
    3.3 Manufacturer and Product Identification..*	   166
                                ii

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                 TABLE OP CONTENTS (Continued)
                                                             Page
  3.4 Warning Statement about Removal of Label....	   167
  3.5 Logo	•••••   168
  3.6 Warning Statement about the Effects of Noise	   169
  3.7 Alternative or Additional Media	   171
  3.8 Other Items Recommended for Inclusion...	   173

Section 4.  Label Format and Graphic Requirements.	   179
  4.1 Space Allocation	   !79
  4.2 Graphic Requirements	   179
  4.3 Size Requirements.	• •   l8^

Section 5.  Label Type and Location	   182
  5.1 Label Location	••   1Q2
  5.2 Label Permanence...	   i83
  5.3 General Comments	   I85

Section 6.  Rating Schemes and Test Methodologies	   186
  6.1 Acoustic Parameter	   I86
  6.2 Test Methodologies	•	   188
  6.3 Technique of Rating	   i94

Section 7.  Enforcement	   196
  7.1 General Issues	   I96
  7.2 Inspection and Monitoring	• •   1"
  7.3 Exemptions	   204
  7.4 Testing by the Administrator	   208

Section 8.  Economic Impact	••••   212
  8.1 R'equests for Further Agency Economic Analysis	   212
  8.2 Submission of Cost Data by Industry...	   214

Section 9.  Consumer Issues	   217
  9.1 Problems Experienced in Comparison Shopping	   217
  9.2 Frequency Distribution of Noise-Related
      Complaints About Products.	   219
  9.3 Effects of Noise	   222
References for Part II	   225
Appendix A. Definition of Issues from Each Docket Entry	   229
            Written Comments.	•   231
            Public Hearing Testimony	   382
            Washington, D.C	• *•   382
            Cedar Rapids, Iowa	   403
            San Francisco, California	   426
Appendix  B. Index of Written  Docket Submission and
            Public Hearing Testimony	  443
                               111

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                   TABLE OF CONTENTS (Continued)
PART III.  PERSPECTIVES ON THE PROPOSED NOISE LABELING
           PROGRAM:  THE GENERAL PUBLIC AND INDUSTRY

  Section 1.  Analysis of Public Docket Comments	   477
    Support vs. Opposition	   477

  Section 2.  General Audience Survey	   484
    Introduction	   484
    Survey Methodology	   484
    Data Collection	   487
    Results of the Interviews	   489
      The Sample	..   489
      Questionnaire Responses.	   491
    Conclusions	   513

  Section 3.  Test of Noise Label Elements	*	   515
    Introduction	   515
    Door-to-Door Survey to Evaluate Alternative Means
      of Communicating Noise Information on Product Labels....   517
      Objectives	   517
      Procedures	   519
      Results	   521
      Conclusions		   529
    Focus Group Discussions	   533
      Objectives	   533
      Procedures.	   533
      Results	   537
      Conclusions	   552
    References for Part III	   554
    Consultant's Guide for Part III	   555
    Appendix A:  Questionnaire Used in Telephone
      Survey	   557
    Appendix B:  Door-to-Door Survey:   Interview Protocol	   565
    Appendix C:  Focus Group:  Interview Guide and
      Questionnaires	   573
    Appendix D:  Excerpted Focus Group Comments.	   587
    Appendix E:  Public Participation	   607
                                IV

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                          LIST OF FIGURES
1-1    Federal Trade Commission Awareness Notice..	   54
1-2    Commercial and Government Labeling Brochures....	   55
1-3    Explanation of Cheese Label Contents	   56
1-4    Example of a Catalog Ad with Noise Rating	   57
1-5    Advertisements for Air Conditioners...	   58
1-6    Advertisement Incorporating Noise Claim	• •   62
1-7    Example of Labeling Confusion	   65
1-8    USDA Seals	 •: «• •	   68
1-9    Seal of the U.S. Department of Health, Education
       and Welfare	•	?	   ?°
1-10   Mr. Yuk Warning Label	   71
1-11   Typical Auto Brochures	   'J
1-12   Example of Complexity in Consumer Display..............   75
1-13   Rating Process	•	   ^8
1-14   Noise Rating Label	   J*
1-15   Noise Reductiqn Rating Label,	•	   el
1-16   Noise Rating Guide	   82
1-17   Behavior of Sound Outdoors	   95
1-18   Behavior of Sound  Indoors, Sound Source Out in
       Space	•••.••••••»•••»•••••••   "»
1-19   Behavior of Sound  Indoors, Constant-Volume-Velocity
       Sound Source on Reflecting Surface.	
1-20   Variation in Sound Power Outputs as Source  is
       Moved Away from Reflecting Wall	  103
1-21   Behavior of Sound  Source Near a Reflecting  Surface.....  103
1-22   Behavior of Sound  Indoors, Sound Source Out  in Space:
       (Difference Between Sound  Pressure  Level and Sound
       Power Level)	• •	  108
1-23   Preliminary Results of Measurements of Sound
       Attenuation vs. Distance in  Real  Dwelling  Rooms	  112
3-1    Format  for Proposed Label	  516
3-2    Sample  Noise  Label	•	  5i6
3-3    Decriptor and Comparative  Information Variations
       for Labels	.;.;.........	  520
3-4    Label A:  Example  of a  Decibel Label	  538
3-5    Label B:  Example  of a  Range Label	  538
3-6    Label C:  Examples of Range  Label Alternatives,........  540
3-7    Label D:  Example  of a  Decibel Guide  Label	  541
3-8    Label E:  Example  of a  Decibel Guide  Alternative.......  542
3-9    Label F:  Example  of an "As  Loud  As"  Label	  546
3-10   Label G:  Examples of  "As  Loud As"  Alternatives...	  547
3-11   Consumer  Preferences of Label Types..............••••••  550
3-12   Sample  of Recommended  Noise  Label	  553
3-13   Sample  Noise Chart or  Barometer	•••  553

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                             LIST OF  TABLES
 1-1     Federal  Agencies  Involved  in  Labeling	   12
 1-2     Examples of Specific  Products and General Categories
        Subject  to Labeling Laws	   13
 1-3     Types of Labels/	   52
 1-4     Conformance Labeling  and Information Labeling	   52
 1-5     Section  8 of  the  Noise Control Act of 1972	   59
 1-6     Section  10 of the Noise Control Act of 1972	   60
 1-7     Statutory Authority	   61
 1-8     Additional Examination of  Section 8 Authority	   63
 1-9     Various  Meanings  of term "Labeling"	   63
 1-10.    Common Factors for Labels	   64
 1-11    Content  of Labels	   67
 1-12    Requirements for  Additional Instructions	   72
 1-13    Physical Characteristics of a Label	   76
 1-14    Location of Labels	   76
 1-15    Example  of Explanatory Part of Noise Label	   79
 1-16    Noise Characteristics of Indoor Household Products	   91
 1-17    Separation Distances  "Close"  to a Reflecting
        Surface  and "Out  in Space"	  105
 1-18    Typical  User Distance Category and Appropriate
        Label-Noise-Rating Category	  110
 A-l     Octave Bands of Equipment  Likely to be Labeled..	  113
 2-1     Number of Noise-Related Complaints Made about
        Various  Products	  220
 3-1     Percentage of Non-Industry Commenters with
        Different Positions on EPA Noise Labeling and
        Abatement Activities.	  478
 3-2     Percentage of Opponents Citing Different Reasons.......  480
 3-3     Percentage of Industry Commenters with Different
        Positions on EPA Noise Labeling.....	  482
 3-4     Simple Random Sample Size for Several Degrees
        of Precision..	  486
 3-5     Result of Dialings	  488
 3-6     Respondent Sex	  490
 3-7     Distribution of Respondents by Region	  491
 3-8     Perception of Noise as an Irritant	  492
 3-9     Source of Irritating Noise.	  493
 3-10    Perceived Brand Differences in Noise  Levels	  493
 3-11    Importance of Different Criteria in Purchase
       Decision	  494
3-12   Willingness to Pay for Quieter Products	  495
3-13   Desire for Government  Noise Control	  496
3-14   Reasons  for Government Not to Set Noise Levels	  497
3-15   Desire for Noise Information	  497
3-16   Sources  of Noise Information	;...  499
                                vi

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                     LIST OF TABLES (Continued)
3-17   Desire to Have Label Placed on Products	....  499
3-18   Potential Use of Noise Labels..	  500
3-19   Willingness to Pay for the Label	  |jj"
3-20   Preferences for Type of Label	   Ul
3-21   Preferences for Rating Scheme	
3-22   Knowledge of Rating Terms	•••
3-23   Estimates of Decibel Levels...*	
3-24   Particular Products as Irritants.....	
3-25   products Whose Noise is Irritating	
3-26   Products Which Need to be Labeled	.	  51 u
3-27   Sex of Those Respondents Answering This Question	  b^
3-28   Race of Those Respondents Answering This Question	  522
3-29   Education of Those Respondents Answering                   •
       This Question..........	.••••	....*...  523
3-30   Income of Those Respondents Answering This Question....  52J
3-31   Desire to Have Label Placed on Products...	  524
3-32   Willingness to Pay for the Label.	••••  .524.
3-33   Direction of Scale	*	  J*'
3-34   Question on Nature of Decibel Scale	  3JU
3-35   Another Question on Nature of Decibel Scale	  5J1
3-36   Ability to Use Labels....	••••  532
3-37   Age of Participants. ....«....•	•••
3-38   Sex of Participants.	•	
3-39   Education of Participants...	
3-40   Race of Participants	
3-41   Annual Household .Income of Participants	
3-42   Results, of Decibel Level  Estimation..	
3-43   Most Frequently Cited  Decibel  Level  Examples	  548
3-44   General Categories of  Examples Provided  by
       Consumers at  the 70, ,80,  90  Decibel  Levels...	  549
                                 vii

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                           INTRODUCTION
     In the  Noise  Control Act  of  1972  (86  Stat.  1234) Congress
declared that  it  is the "policy of  the  United States to promote
an environment for all Americans free  from noise that  jeopardizes
their  health  and welfare."   Congress further  declared that one
purpose  of this Act is "to  provide  information to  the  public
respecting the noise emission and  noise  reduction  characteristics
of 	 products (distributed in commerce)."
     Section 8 of the Act (Labeling)  requires  that  the  Administra-
tor of  the Environmental Protection  Agency shall, by  regulation,
designate any product or  class of product "which  emits noise
capable of adversely affecting  the  public  health  or welfare;  or
which  is sold wholly or  in part  on the basis  of  its  effectiveness
in reducing  noise".   Further,  the Administrator must  require  by
regulation  that  "notice be given  to  the  prospective  user  (of  a
product) of  the  level of the noise  the  product emits, or of  its
effectiveness  in reducing noise,  as  the  case may be."   The  regu-
lation  must  specify:   "whether  such notice should 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 (it)  shall
be given  to  the  prospective user in  some other manner";  "the form
of  the notice"; and the "method and  units  of measurement  to  be
used  (in developing  the notice)11.
      The  Agency  has, as its  basic objectives in  the  development
and  the  implementation of a  Federal  noise  labeling  program  under
Section 8  of the  Noise Control Act,  the  following elements:
      1.  To  provide  accurate and  understandable  information  to
         product purchasers and  users  regarding  the  acoustic pro-
         perties  of designated  products so that  meaningful  com-
         parisons  with  respect  to noise  emission  or  noise  reduc-
          tion  can  be  made  as part  of a product purchase or use
          decision.

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      2.   To  provide accurate  and understandable  information, to
          consumers with minimal Federal  involvement.  Minimal
          Federal  involvement  is  to be achieved  by  ensuring  that
          the Federally-imposed labeling requirements are carefully
          analyzed and  structured  so as  to  reduce the administra-
          tive, economic and technical impacts of the Federal  pro-
          gram as much as possible.
      3.   To promote  public  awareness  of  product specific  contri-
          butions to  the environmental noise problem and to  foster
          an understanding of associated  terminology  and concepts.
      4.   To promote  effective voluntary  noise labeling  efforts  on
          the part of product manufacturers  and suppliers with the
          anticipation  that a  concomitant reduction in product
          noise may occur due to market demands.
      The  Agency's  policy  in developing  and  implementing a noise
labeling  regulatory program  is  to do it  in as simplified, yet
effective, a  form as  is possible.   To  determine that  form,  the
Agency  reviewed  many other labeling  programs,  both Federal and
voluntary,  and collected and analyzed relevant data  including
various rating  schemes,  labeling  graphics,  and essential label
content.  Consumer inputs were obtained  by  telephone  and door-to-
door  surveys,  and  through  "focus  groups"  interviews.  Public
comment was  carefully considered.  These studies  and comments
supplied  data which helped the  Agency  develop the format for
a product noise  labeling program under  the  authority of Section
8 of the Act.
     The Agency essentially  considered two  alternative  approaches
to a  Federal noise  labeling program.   One was to  first  issue
a regulation concerning  those elements  that  could be applied
uniformly to all product  classes  i.e.,  format and content of
the label,  label location, and  basic  enforcement  procedures.
These  "general provisions"  would  then  be applied in conjunction
with product specific regulations that would cover those aspects
that are  unique to the particular product or product class.  The

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other alternative was  to issue  general  labeling  provisions for
each specific  product  or product  class  on a  product-by-product
basis.
     In the Noise  Control  Act, Congress declared that  "national
uniformity of  treatment"  (with  respect to noise emission  standards
under the  authority  of  Section  6)  was essential in  controlling
major noise sources  (in commerce). Uniformity of treatment with
respect to  product  noise labeling would be  an approach to Sec-
tion 8  that  is  consistent with  the Congressional  approach to
Section 6.
     The Agency carefully and completely analyzed  the implication
of each alternative method of developing a  Federal noise labeling
program.   It  was  decided that  the first alternative, issuing
general provisions  to the noise labeling program, offered a  better
assurance of national uniformity  of treatment within  the program.
     Therefore, The Agency proposed  that the general provisions of
the  product noise  labeling  program, as a  first step  in carrying
out the Congressional mandate of  Section 8 of the Act, be based on
the  first  alternative.   The  general provisions were  proposed and
published in  the Federal Register on June 22, 1977 (42 FR 31722).
The  general provisions covered  those elements of the  labeling
program that are capable of being  applied uniformly across differ-
ent  product classes.   Regulations specific to a product or class
of products would address  those areas  where uniformity  is not
feasible or  where  a product's  unique  characteristics justify
variations from the general provisions.
Public Participation
     At  the time of  publication of the proposal,  EPA  submitted
written public  comment on  the   General Provisions as well as
other  aspects of the Product  Noise  Labeling  Program  by means of
direct mailings, of  information  about  the  regulation to manu-
facturers, distributers,  consumer  and environmental groups,
other  Federal Agencies, State  and local Governments, various
trade  associations, newspapers and  consumer oriented periodicals,
educational institutions, and others.

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     The  information  provided was  in  the form  of  fact sheets,
 copies  of  the proposed regulation,  and press releases generally
 describing  the  proposed  program.   A public comment  period of 90
 days  was established  with  closing  scheduled for  September 20',
 1977 Public hearings  were  not initially scheduled.   As a result
 of  the  substantial public  interest,  as evidenced by  the large
 number  of  letters received  shortly after  publication  in the
 Federal  Register,  the EPA decided  to  schedule  public hearings,
 and  extended  the comment period to  October  28,  1977.   Hearings
 were  held  in Washington, D.C.  on  September 16, 1977;  in Cedar
 Rapids,  Iowa  on September 20,  1977;  and in San Francisco, Cali-
 fornia on September 22, 1977.
     To notify  the public on the availability of public hearings
 in  their areas as a  means  of expressing  their  opinions  on and
 suggestions for the program,  the Agency arranged television and
 radio broadcasts.
    In  all, the Agency  received  735  written  comments by the
 close of the comment  period and took  some  1094 pages of  oral
 testimony  from  51  individuals, organizations and businesses  at
 the  three  public hearings.   A complete  list  of commenters "is
 in Appendix B of Part  III.  Over 600 of  the written comments  were
 from private  citizens.   The  comments deal with  virtually  every
 aspect of the program.  A large majority of the comments were  in
 favor  of the  proposed  noise labeling program.   Most of the
 favorable comment came from private citizens, while  the majority
 of  industry  commenters were  critical  of various aspects  of the
 program.
     The public comments  and the  issues they  addressed  were
 carefully analyzed and considered  by  the Agency before  publi-
 cation  of  the  final  regulation.   This  final  rule, Product
Noise Labeling,  General Provisions, was published in Volume 44  of
 the Federal Register in August of 1979.   The regulation includes
provisions   concerning  product  applicability, definitions,  label
 format and  content,  label  graphics, and  enforcement  provisions
concerning   inspection ,  monitoring and exemptions.

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     To provide adequate notice to the public on  the  provisions
of this final rule, the Agency developed  explanatory material  in
the form of  letters of  introduction,  fact  sheets,  questions and
answers, press  releases  and  reprints  of  the Federal  Register.
These items were mailed  to manufacturers' and distributers'  asso-
ciations,  consumer and  environmental  groups, educational  insti-
tutions, other  Federal  agencies,  international  organizations,
import/export  organizations,  newspapers  and  consumer  oriented
media,  State and local  governments, and  any  other interested
parties that  the agency was  able  to identify.   An  abbreviated
list  of parties  contacted is  included in Appendix  E of Part
III.
     A complete Agency product noise  labeling action with respect
to  any  given product or class  of  products will  consist of  the
requirements contained in the general provisions that  are appli-
cable to the product  along  with those contained in the product-
specific noise labeling regulation.
     The program and its impacts will be continually evaluated so
that  any  revisions to  the  regulatory approach might  be  made.

         OUTLINE AND SUMMARY OF  THE REGULATORY ANALYSIS
     This  document  presents  the results  of studies by  the U.S.
Environmental  Protection Agency to   develop general  background
information  concerning product  noise  labeling.   Also included is
the analysis of all comments  from the public concerning the pro-
posed general provisions regulation.
     This  report  is divided into three main parts.  Each part is
further divided  into sections.  A summary of the Background Docu-
ment  is listed below.

PART  I:   The Development of Noise  Labeling  General  Provisions
      Section 1  -  reviews other Federal labeling  programs.
      Section 2  -  contains a  discussion  of some  of  the  major
                  issues  involved   in  formulating  a general
                  approach  to product noise   labeling  (under
                  Section 8 of the Noise Control  Act).

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     Section 3 - presents an  aproach  to the  design  graphics as-
                 sociated with a noise  labeling program.
     Section 4 - deals with  potential  technical  problems associ-
                 ated with the development of specific noise rat-
                 ing schemes.   The  example used  addresses common
                 household appliances.

PART II:  Docket Analysis
     Comments  received  from  the  public concerning  the  proposed
general provisions  are discussed.   Respondents are identified  by
their  appropriate  docket number.  The primary  function of the
Docket Analysis  is  to present the Agency's  response  to  all  com-
ments and issues raised by the public.
     Section 1  - addresses issues concerning  the  Agency's  statu-
                 tory authority  to  require product labeling.
     Section 2  - addresses issues  pertaining  to selection of  pro-
                 ducts for noise  labeling e.g.  criteria, types
                 of  products.
     Section 3  - addresses issues that concern what the label
                 will  contain e.g. what  information,  liabilities
                 implied  by  label  information and  alternatives  to
                 the proposed  general provisions.
     Section 4  - addresses  reasons for  the  chosen label  format,
                 and problems  seen by commenters.
     Section 5  - addresses  comments  concerning the various types
                 of  labeling  and location on  the packaging.
     Section 6  - addresses comments on  rating  schemes,  test meth-
                 odologies,  choice  of  acoustic parameters, and
                 the "descriptor"  to best convey the  noise infor-
                 mation.
     Section 7  -  addresses  issues  pertaining  to  the  general en-
                 forcement procedures.

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     Section 8 - addresses the issues related to an economic  anal-
                ysis  for  each  product  specific  labeling  action,
                the costs such an  action would  have  to  the gov-
                ernment,  and how consumer  product preference,
 ..  ,             because  of  the noise  label,  will be assessed.
     Section 9 - presents data on a number of  noise  related com-
                plaints received  about  various products.

Appendix A presents the definition of issues from each docket
entry, both written  comments and oral testimony.

Appendix B is  an  index of all docket  submissions, written  and
oral, which allows  one  to  identify the source of different com-
ments where  they are  not specifically mentioned in the  text.

PART  III:  Perspective on the Proposed Noise Labeling  Program
     Section 1  - presents  the tabulations  of  public  docket com-
                ments reflecting either  support or opposition
                for the proposed noise.labeling  program.
     Section 2  - presents  the results   of a  nationwide  telephone
                survey  conducted in order to  learn  how  the gen-
                eral  public  feels  about noise,  noisy  products,
                product noise labeling and the elements  of an
                effective noise label.
    Section 3  - presents the  results  of a  door-to-door survey
                and focus group discussions  in  order  to gather
                more  in-depth knowledge on the elements  of an
                effective noise label.

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Appendix  A presents the  questionnaire  used in  the telephone
survey.   Appendix  B  presents the interview protocol  used  in  the
door-to-door survey.   Appendix C presents the  interview guide  and
questionnaires  used in the  focus group discussions,  while excerpt-
ed  comments from  the  focus  group discussions  are presented
in Appendix D.    Appendix E is a list of  parties reached  through
the Agency's active  efforts  for  assuring public  participation.
                                8

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                    PART I
DEVELOPMENT OF NOISE LABELING GENERAL PROVISIONS

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               SECTION  1:  REVIEW OF LABELING LAWS
     As part  of  a general  study  on  labeling, an extensive  review
of Federal, industry, and  private labeling  efforts  was  undertaken.
The  review was  conducted  so that the  Environmental  Protection
Agency  (EPA)  might gain  insight  into  its  noise labeling  program
from  existing labeling programs.  Of  particular Interest were
government  agency  consumer information  labeling  programs.    Lists
of  the agencies  and  examples of general  categories and  specific
products  reviewed  are  given in  Tables  1-1  and 1-2.  This  section
contains  summaries  of  24 significant government  labeling  efforts.
The summaries are  of two  types:   summaries  of labeling  regulations
affecting specific products and  summaries of  labeling requirements
set forth in the mandating Acts.
     The  reviews  are  not  to  be  construed  as complete,  authorita-
tive  descriptions  of  the government labeling  programs,  but rather
as  interpretative  summaries  that  highlight  the  labeling  issues
relevant to EPA.
                                 11

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                     Table 1-1
        Federal Agencies Involved in Labeling

Department of Energy (DOE)
Consumer Product Safety Commission (CPSC)
Department of Agriculture (DOA)
Department of Commerce (DOC)
Department of Defense  (DOD)
Department of Justice  (DOJ)
Environmental Protection Agency (EPA)
Federal Trade Commission (FTC)
Food and Drug Administration (HEM)
National Highway Traffic Safety Administration (DOT)
Occupational Safety and Health Administration (DOL)
                         12

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                        Table  1-2
 Examples of Specific Products and General  Categories
                 Subject to Labeling  Laws

Tires
Electrically operated toys
Charcoal briquettes
Air conditioners
Lawn darts
Toy caps
Bicycles
Car seats for children
Power amplifiers
Refrigerators, freezers
Textile wearing apparel and yard goods
Full-size cribs
Hazardous substances
Insecticides, fungicides  and  rodenticides
Gasoline
Cigarettes
Drugs
Food
 Light  bulbs
Motor  vehicles
 Electric appliances
 Upholstered products
 Agricultural seed
 Occupational safety equipment
                             13

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                            CIGARETTES
A.  PRODUCT:



B.  AGENCY:

C.  PURPOSE:


D.  GRADE/RATING:
E.  TECHNICAL BASIS/
     ORGANIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:

I.  COMMENTS:
Cigarettes:  Labeling required under
"Public Health Cigarette Smoking Act"
(P.L. 89-92)

Department of Justice

Information with respect to any relation-
ship between smoking and health

Not graded or rated under the above Public
Laws

No technical basis per se since there is
no grading, but there is a technical basis
behind the Congressional decision to
require a warning on all cigarette pack-
ages

"Warning:  The Surgeon General has Deter-
mined that Cigarette Smoking Is Dangerous
to Your Health"

Specified as follows:  Conspicuous and
legible type in contrast by typography,
layout or color with other printed matter
on the package

Conspicuously located on every package

This is informational labeling specified
by Congress and administered by the
Department of Justice
                                 14

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     PRODUCTS COVERED BY:  "FAIR PACKAGING AND LABELING ACT"
A.  PRODUCT:



B.  AGENCY:

C.  PURPOSE:

D.  GRADES/RATINGS

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION: i
All products for which labeling Is required
under the "Fair Packaging and Labeling Act:
(15 USC 1451 et. seq.)

Federal Trade Commission (16 CFR 500-503)

Truthful packaging and labeling of products



Not applicable
                            "name";
1.  Statement of Identity:
2.  Name and place of business of the manu-
    facturer, packer or distributor
3.  Net quantity of contents;
4.  If the label bears a representation as
    to the number of servings, uses, or
    application of such commodity, the
    label shall bear in Immediate conjunc-
    tion therewith, a statement of the net
    quantity of each such serving, use or
    application.

Specified as follows:
1.  Type size must be easily read;
2.  Type must be parallel to the base of the
    package

Specified as follows:
1.  The statement of Identity and the net
    quantity must appear on the "Principal
    Display Panel";
2.  The net quantity declaration shall be
    placed 1n the bottom 30 percent of
    the area of the label panel;
3.  The name and place of business of
    manufacturer . . . shall be conspic-
    uously located on the package.
                                 15

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      FOOD COVERED BY "FEDERAL FOOD, DRUG AND COMESTIC ACT1
A.  PRODUCT:



B.  AGENCY:


C.  PURPOSE:
D.  GRADES/RATINGS:

E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
Food:  Labeling required under the "Federal
Food, Drug and Cosmetic Act"
(21 USC 301 et. seq.)

Department of Health, Education and Welfare;
Food and Drug Administration

Standards of identity and definition,
quality, and fill of container for the
purpose of promoting honesty and fair
dealing in the interest of consumers

Not graded per se.  The Act prohibits the
introduction of adulterated or misbranded
food into interstate commerce.  The Act
defines misbranded and adulterated food.
In general terms, adulterated food is
deemed to be any food which "contains any
poisonous or deleterious substance which
may render it Injurious" to health or 1f
it "is otherwise unfit for food."

Food:  The following information must
appear on the label:
1.  The name and place of business of the
    manufacturer, packer or distributor;
2.  An accurate statement of quantity
    of contents in terms of weight,
    measure or numerical count;
3.  If the product is an imitation of
    another food, the word imitation
    (in type of uniform size and pro-
    minence) immediately preceding the
    name of the food imitated;
4*  If the product purports to be or
    is represented for special dietary
    uses, information concerning its
    vitamin, mineral and other dietary
    properties;
5.  If the product bears or contains any
    artificial  flavoring, artificial coloring
    or chemical preservative, a statement
    of that fact;
                                 16

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 6.   If  the product purports to be or is
     represented as food for which a defini-
     tion  and  standard of  identity has been
     prescribed by regulations, the name of
     the food  as specified in  the definition
     and standards, and insofar as may be
     required  by such regulations, the common
     names of  optional ingredients;
 7.   If  the food purports  to be or is repre-
     sented, as a food for  which a standard
     of  quality has been prescribed by
     regulations and its quality falls below
     such  standard, a statement that it falls
     below such standard (in a manner and form
     as  such regulations specify);
 8.   If  the food purports  to be or is repre-
     sented as a food for  which a standard or
     standards of  fill of  container have been
     prescribed by regulations and it falls
     below the standard of fill of container
     applicable thereto, a statement that it
     falls below such standard (in a manner
     and form  as such regulations specify);
 9   If  the product  is not subject to the
     requirements  of item  6, the common or
     usual name of the food, if any there be,
     and in case it  is fabricated from two
     or  more  ingredients,  the  common or usual
     name  of  each  such ingredient;
10.   If  it is  a  raw  agricultural commodity
     which is  the  product  of the soil, bearing
     or  containing a pesticide chemical applied
     after harvest,  the  shipping container of
     such  commodity must  declare the presence
     of  such  chemical  in  or on such commodity
     and the  common  or usual name and  the
     function of  such chemical;
11.   Labeling must be  in  conformance with an
     applicable  regulation issued pursuant
     to  Section  3  or 4 of  the  Poison  Preven-
     tion  Packaging  Act  of 1970.
          17

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G.  PHYSICAL            Specified as follows:
    CHARACTERISTICS:    1.  All required information must be placed
                            with such conspicuousness (as compared
                            with other words, statements, designs
                            in the labeling) and in such terms as to
                            render it likely to be read and under-
                            stood by the ordinary individual  under
                            customary conditions of purchase and
                            use.

H.  LOCATION:            Specified:
                        1.  All required information must be prom-
                            inently located where it is likely to
                            be read under customary conditions of
                            purchase and use.
                                18

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         PRODUCTS COVERED BY CONSUMER PRODUCT SAFETY ACT
A.  PRODUCT:



B.  AGENCY:

C.  PURPOSE:
D.  GRADES/RATINGS:

E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
All products for which labeling is required
under the "Consumer Product Safety Act"
(15 USC 2051 et. seq.)

Consumer Product Safety Commission

To protect the public against unreasonable
risks of injury associated with consumer
products; to assist consumers in evaluating
the comparative safety of consumer pro-
ducts; to develop uniform safety standards
for consumer products.

The Commission determines if a consumer
product presents an unreasonable risk of
injury to the public.  If the product does
present an unreasonable risk, the Commis-
sion then determines whether or not a
safety standard will eliminate the unrea-
sonable risk.  If no feasible product safety
standard would adequately protect the public
from the unreasonable risk of injury asso-
ciated with the product, the Commission may
propose and promulgate a rule declaring
such product a banned hazardous product.

Requirements of CPS standards (other than
requirements relating to labeling, warnings
or instructions) shall, whenever feasible,
be expressed in terms of performance
requirements.

For any product which is subject to a
consumer product safety standard:
1.  Date and place of manufacture;
2.  A suitable identification of the manu-
    facturer or the private labeler and
    the code mark of the manufacturer
    in the case of a private labeler;
3.  A certification that the product
    meets all applicable consumer product
    safety standards and a specification
    of the standards which are applicable.
                                 19

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G.  PHYSICAL            Specified as follows:
    CHARACTERISTICS:    1.  Such labels, where practicable, may be
                            required by the Commission to be per-
                            manently marked on or affixed to any
                            such consumer product.

H.  LOCATION:           Specified as follows:
                        1.  The certificate of conformity shall
                            accompany the product or shall other-
                            wise be furnished to any distributor
                            or retailer to whom the product 1s
                            delivered.
                                 20

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      PRODUCTS COVERED BY FEDERAL "HAZARDOUS SUBSTANCES ACT'
A.  PRODUCT:



B.  AGENCY:

C.  PURPOSE:

D.  GRADES/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
All products for which labeling Is required
under the "Federal  Hazardous Substances
Act"  (15 USC 1261 et. seq.)

Consumer Product Safety Commission

Consumer protection

Not graded.  A hazardous substance "Is any
substance or mixture of substances (as
determined by the Commission) which Is
toxic, corrosive, an Irritant, a strong
sensitlzer, flammable or combustible, or
generates pressure through decomposition,
heat or other means, if such substance or
mixture of substances may cause substantial
personal Injury or substantial Illness
during or as a proximate result of any
customary or reasonable foreseeable hand-
ling or use, Including reasonably foreseeable
ingestion by children.  The tests to deter-
mine if a product 1s a hazardous substance
are set forth 1n the regulations".

1.  Name and place of business of the manu-
    facturer, packer, distributor or seller;
2.  Common or usual name or the chemical
    name (1f there be no common or usual
    name) of the hazardous substance(s);
3.  Signal word "DANGER" on substances
    which are extremely flammable, corro-
    sive, or highly toxic; the signal word
    "WARNING" or "CAUTION" on all other
    hazardous substances;
4.  An affirmative statement of the princi-
    pal hazard or hazards;
5.  Precautionary measures describing the
    action to be followed or avoided;
6.  instructions, when necessary or appro-
    priate, for first aid treatment;
7.  The word "POISON" for any hazardous
    substance which is defined as "highly
    toxic";
8.  Instructions for handling and storage
    of packages which require special
    care in handling or storage;
                                 21

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                        9.  The statement "Keep out of the reach
                            of children", or its practical equiva-
                            lent, or, if the article is intended
                            for use by children and is not a banned
                            hazardous substance, adequate directions
                            for the protection of children from the
                            hazard;
                       10.  Specific product labeling statements as
                            deemed necessary by the Commission as
                            specified in Section 4 of the Poison
                            Prevention Packaging Act;
                       11.  On the container of household substances
                            which do not meet the standards set
                            under Section 3 of the Poison Prevention
                            Packaging Act,  the following statement:
                            "This package for households without
                            young children".

G.  PHYSICAL            Specified as follows:
    CHARACTERISTICS:    1.  Written in the  English language;
                        2.  Conspicuous and legible type in contrast
                            by typography,  layout, or color with
                            other printed matter on the label.

H.  LOCATION:           Location of label not specified.
                                22

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            INSECTICIDES, FUNGICIDES AND RODENTICIDES
A.  PRODUCT:
B.  AGENCY:

C.  PURPOSE:


D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
 Labeling of pesticides required under the
 "Insecticides,  Fungicides and Rodenticides
 Act"  and related acts, and EPA regulations
 at 40 CFR 162

 Environmental Protection Agency

 Protection of public health through identifi-
 cation of hazards

 Use classification;  other information required

 The Act states:
 "unreasonable adverse effects on the environ-
 ment" i.e., unreasonable risk to man or the
 environment, taking  into account the economic,
 social  and environmental  costs and benefits
 of the use of any pesticide (as determined by
 the Administrator of the EPA).

 1.  Registration number of manufacturing
     plant;
 2.  Directions  for use necessary for effect-
     ing the purpose  for which the product
     is intended and  adequate to protect
     health and  the environment;
 3.  The statement "Keep Out of Reach of
     Children";
 4.  A signal word such as "Danger", "Warning"
     or "Caution";
 5.  Other warning or cautionary statements
     as necessary to  protect the public;
 6.  Ingredient statement:  name, percentage
     designation;
 7.  Use classification:  general, restricted;
 8.  Name and address of the manufacturer,
     packer, formulator, registrant, or
     person for  whom  the product is produced;
 9.  Name, brand or trademark;
10.  Net weight  or measure of the content;
11.  For pesticides containing any substance(s)
     in quantities highly toxic to man:
     a.  skull and crossbones
     b.  the word "poison" as well as the word
         "danger"
     c.  a statement  of practical treatment
         in case of poisoning by pesticides.
                                 23

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ti.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION;
I.  COMMENTS:
Specified as follows:
1.  Any word, statement or other Information
    required must be placed on the label
    conspicuously (as compared to other
    words, statements, designs, or graphic
    matter In the labeling).
2.  Likely to be readable and understood by
    the ordinary individual with normal
    vision, under customary conditions of
    purchase and use.
3.  If the word "Poison" is required, it
    must be prominent in red on a background
    of distinctly contrasting color.
4.  Specified are a minimum type size for
    warning statements and signal words.

1.  All information required by the Act must
    be prominently located on the outside
    container or wrapper of the retail
    package so as to be clearly readable
    when presented or displayed under
    customary conditions of purchase.
2.  Specified are:
    a.  the location of signal words and the
        statement "Keep out of Reach of
        Children";
    b.  location of ingredient statement;
    c.  location of skull and crossbones
        and statement of practical  treatment
        for poisons highly toxic to man.

The above summary applies to the labeling
requirements as they were developed as of
summer of 1975.
                                 24

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                     LIGHT-DUTY MOTOR VEHICLES
 A.   PRODUCT:


 B.   AGENCY:



 C.   PURPOSE:
D.  GRADE/RATING:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
 Light-duty Motor Vehicles "Voluntary  Fuel
 Economy Labeling"

 Environmental  Protection  Agency
 (39 FR 36890),
 Federal  Energy  Administration

 Provide new car fuel  economy information
 at point-of-sale.   The  notice  states  that
 the primary goal  of the program  is  to
 reduce energy  usage in  the  transportation
 sector.   Intermediate goals are:
 1.   To increase public  awareness  of factors
     which  influence fuel  economy;
 2.   To influence  consumers  to  purchase
     vehicles with good  fuel economy;
 3.   To influence manufacturers to produce
     vehicles with improved  fuel economy.

 Fuel economy is not graded per se.  Fuel
 economy values  are  given  in miles-per-
 gallon, and city and  highway values are
 listed separately.

 The manufacturer presents, in  one of  two
 forms,  fuel  economy information for the
 consumer to use in  his  evaluation of  the
 vehicles;  this  is somewhat analogous  to
 "energy labeling".

 If the  "general fuel economy label" is used,
 it presents  the sales-weighted average of
 fuel economy values (by car line separately
 for passenger cars and wagons)  of all
 vehicles with the same engine.   The manu-
 facturer may also include the range of
 data used to derive the sales-weighted
 average.

 If the "specific fuel  economy label" is
 used, it presents the EPA-approved fuel
economy values for the specific vehicle
configuration.

 1.  City fuel economy is derived from  the
    Federal Emission Test Procedure (40
    CFR 85); a  separate highway test is
    prescribed;
2.  Fuel economy values are reported to
    the nearest whole mile-per-gallon.

         25

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 F.   LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
I.  COMMENTS:
 Consistent with that indicated in the
 illustrative examples published in the
 Federal Register (39 FR 36891) specified
 are:
     EPA logo;
     FEA logo;
     Statement of authenticity of test results;
     Results of tests, as described in Section
     D (above) for either the "general" or
     "specific" labels;
 5.  Reminder that actual fuel economy varies;
 6.  Where to write to receive a copy of
     "EPA/FEA 1975 Gas Mileage Guide for New
     Car Buyers".

 1.  The label  must be of a reasonable size
     and consistent in format with  the
     illustrative examples  published in the
     Federal  Register.
 2-  Manufacturers may choose to  differentiate
     "specific"  from "general" labels  by
     shape, color,  size or  some other  readily
     apparent feature.

 Label must be prominently  displayed either
 on the  same window  as the  price  sticker or
 on the  passenger side window or other loca-
 tion approved by EPA/FEA.

 A  manufacturer may  use either "General Labels"
 or "Specific Labels", on any  vehicle  configura-
 tion in their model line.   If a manufacturer
 elects to participate in the  program  he obli-
 gates himself to place a label on every car
 in  his product line.

 The labeling program will also include a public
 education and information program.

 At the present time a study is being conducted
 to evaluate the effectiveness of the fuel
 economy labels.   The important information
 from this study is on the effect on consumers
of this type  of "awareness" labeling.
                                26

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                      PASSENGER CAR TIRES
A.  PRODUCT:

B.  AGENCY:


C.  PURPOSE:

D.  GRADE/RATING:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
Passenger Car Tires

National Highway Traffic Safety Administration
(DOT) (49 CFR 575}

Consumer information about tire quality

Treadwear:  2 or 3 digit number
Traction:  0, *, **
Temperature resistance:  A, B, C

Treadwear:  Projected mileage, based on speci-
fied test and calculation procedure, stated
as percent of 30,000 miles, rounded off to
nearest lower 1Q% value; e.g., for projected
treadwear of 47,000 miles, rating is 150.

Traction:  Based on traction coefficient on
two wet skid pads, grade depends on meeting
schedule of values established for both skid
pad surfaces.

Temperature resistance:  Tested on a schedule
of increasing speeds under load; grade depends
on highest speed without failure.

1.  On sidewall of tire:
    a.  treadwear grade description and tread-
        wear grade;
    b.  all temperature resistance and trac-
        tion grades, with appropriate grades
        circled;
2.  On tread surface (except original equip-
    ment tires on a new vehicle) and for
    information furnished prospective pur-
    chasers of motor vehicles and tires under
    paragraph 575.6(c), an explanation of
    performance area, and a history of all
    possible grades for traction and tempera-
    ture resistance, along with a heading
    "DOT Quality Grade11.

1.  Sidewall label:  permanently molded with
    character type, depth and size specified
2.  Tread label:  not easily removable,
    indelibly stamped.
                                 27

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H.  LOCATION:           i.  On tire sidewall between tire's maximum
                            suction width and shoulder;
                        2.  On tread surface (except original  equip-
                            ment on a new tire).
                               28

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                      NON-PRESCRIPTION DRUGS
A.  PRODUCT:

B.  AGENCY:

C.  PURPOSE:

D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
 G.  PHYSICAL
     CHARACTERISTICS:
 H.  LOCATION:
Non-prescription drugs

Food and Drug Administration (HEW)

Content and quality Information


Standards(minimum requirements) are set by
the FDA
Labeling on the "Principal Display Panel":
1.  Statement of the Identity of the
    commodity (established name of the
    drug) and statement of the general
    pharmacological categoryties) of the
    principal intended action(s);
2.  Net quantity of the contents.

Labeling elsewhere on packaging:
1.  Name and place of business of the manu-
    facturer, packer or distributor
    a.  Where a drug 1s not manufactured  by
        the person whose  name appears on
        the label, the name shall be quali-
        fied by a phrase  that reveals the
        connection such person has with
        such drug:   such  as "Manufactured
        for	",  Distributed  by	",
        or any other wording.
 2.   Statement of  Ingredients  (as required
     by Section 502(e)  of  the  Federal  Food,
     Drug  and Cosmetic  Act)  shall appear   .
     together.

 Regulation specified:
 1.   Boldface type In distinct contrast to
     other matter on  the package;
 2.   Size of type (relative to other type
     on package);
 3.   Location of net weight statement on
     principal  panel.

 1.   Statement of identity and net quantity
     must appear on the "Principal Display
     Panel".
 2.   All other required Information must(
     appear conspicuously on the product's
     container.
                                  29

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I.   COMMENTS:            The most Important point to notice is:   the
                        requirement that all  specified (important)
                        information be prominently  and conspicuously
                        located and that same be placed on the
                        "Principal  Display Panel".
                               30

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                               FOOD
A.  PRODUCT:

B.  AGENCY:

C.  PURPOSE:


D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
Food

Food and Drug Administration, HEW

Truthful information on content and quantity
of contents

Grades and standards are determined in
accordance with U.S. Department of Agricul-
ture regulations.  These labeling requirements
are in addition to the USDA grades.

Labeling required on the "Principal Display
Panel":
1.  Identity of the commodity:
    a.  name of the commodity;
    b.  common or usual name of the food;
    c.  an appropriately descriptive term;
2.  For food marketed in various optional
    forms, the form must be identified;
3.  Net quantity of contents in the measure
    specified for the particular product
    or type of product (volume, weight,
    count, etc.).

Labeling required on the "Information Panel":
1.  Name and place of business of manufac-
    turer, packer or distributor;
2.  If  the number of servings appears, a
    statement of the net quantity of each
    serving;
3.  Ingredients:
    a.  where the proportion of  expensive
        ingredient(s)  present has  a bearing
        on price or consumer acceptance,
        the  label of such  food shall bear
        a quantitative statement of such
        ingredient(s);
    b.  imitation or artificial  ingredients  -
        listed as such.

Labeling permitted  on  the  "Information
Panel":
1.  Nutrition  information;
2.  A statement  of  cholesterol,  fat and  fatty
    acid content if it conforms  with specific
    requirements.
                                  31

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G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
I.   COMMENTS:
 Specified  as  follows:
 1.   Type of letters,
 2.   Size (relative size) of type (minimum
     sizes  established),
 3.   Type must be in distinct contrast to
     other  matter on the package.

 1.   Statement of Identity and net weight must
     appear on the "Principal Display Panel".
 2.   All other required labeling must appear
     on the "Information Panel".

The most Important point in this labeling
requirement is the stipulation that Important
Information is to be located on the "Principal
Display Panel" and that all  other required
labeling Is to be located on the prominently
located "Information Panel".
                               32

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              MANUFACTURED OR PROCESSED DAIRY PRODUCTS
A.  PRODUCT:

B.  AGENCY:

C.  PURPOSE:

D.  GRADES/RATING:
    TECHNICAL BASIS/
    CATEGORIZATION:
    LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LXATION:

I.  COMMENTS:
Manufactured or Processed Dairy Products

Department of Agriculture

Quality Information

U.S. Grade B, A, or AA or an equivalent
standard of quality for U.S. name grades,
if numerical score grades of a product have
not been established.

Grades are composite ratings of various
factors depending on the product, such as
flavor, appearance and body.  The standards
are set forth 1n the code.

1.  USDA
2.  Grade
3.  U.S. Department of Agriculture Inspection
    statement.

1.  Minimum size for the shield specified
2.  Samples of approved shields are given
    in the code.

On package, otherwise not specified.

It can be required that the package label,
carton or wrapper carrying official Identifi-
cation be stamped or perforated with date
packed and the certificate number or a code
number to Indicate lot and date packed.
                                 33

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                              BUTTER
A.  PRODUCT:

B.  AGENCY:

C.  PURPOSE:

D.  GRADES/RATINGS:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:

H.  LOCATION:
I.  COMMENTS:
 Butter

 Department of Agriculture  (7 CFR 58 Subpart P)

 Quality  Information

 U.S. Grade AA or U.S. Score 93
 U.S. Grade A or U.S. Score 92
 U.S. Grade B or U.S. Score 90
 U.S. Grade C or U.S. Score 89
 General

 Flavor is the basic quality factor in grading
 butter and is determined organoleptically by
 taste and smell.  The flavor characteristic
 is identified, and together with its relative
 intensity, is rated according to the applicable
 classification.  Body, color and salt charac-
 teristics are then noted and any defects are
 disrated in accordance with the established
 classification.  The final  U.S. grade is then
 established.  The standards are set forth in
 the code.

 Same as for "Manufactured or Processed Dairy
 Products".

 Same as for "Manufactured or Processed Dairy
 Products".

 Same as for "Manufactured or Processed Dairy
 Products".

Butter is graded on one technical  basis
 (flavor)  and then is disrated for other bases
 (body, color and salt)  in accordance with
an established scheme,  to come up with a
final  U.S. grade.
                                 34

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                        AGRICULTURAL SEEDS
A.  PRODUCT:

B.  AGENCY:



C.  PURPOSE:

D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:

H.  LOCATION:
I.  SPECIAL:
 Agricultural Seeds

 Department of Agriculture
 (7 CFR Part 201)

 Classification and quality Information

 Class of seed

 Set forth 1n code
 1.  Name of each kind of seed present;
 2.  Percent of each kind of seed;
 3.  Variety of seed;
 4.  Type of seed;
 5.  Word "hybrid" if hybrid present;
 6.  Lot .number of other Identification "I.D.";
 7.  Origin of seed;
 8.  Percentage of weed seeds;
 9.  Percentage of agricultural  seeds;
10.  Percentage of weight of Inert matter;
11.  Percentage of germination for each kind
     of type/hybrid;
12.  Percentage of hard seed;
13.  Month and year germination test was
     completed;
14.  "Manufacturer" - Full name and address
     of either shipper or consignee;
15.  Inoculated seed must show expiration
     date for Inoculation;
16.  Grade - Class of seed.

 Not specified
 Tag attached securely to the container,  or
 printed in a conspicuous manner on a side
 or the top of the container.

 The label  may contain Information In addition
 to that required by the Act, provided such
 Information Is not misleading.
                                 35

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J.  COMMENTS:           The most Important point to note 1s  that
                        all the required Information is located
                        on a tag securely attached to the container
                        or printed In a conspicuous manner on  the
                        top or side of the container.

                        It is also interesting  that Inoculated
                        seed has something analogous to a useful
                        life stamped on the product.
                                36

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                             SHELL EGGS
 A.  PRODUCT:

 B.  AGENCY:

 C.  PURPOSE:

 0.  GRADE/RATING:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
6.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
 Shell  eggs

 Department of Agriculture (7  CFR 56)

 Size and quality  Information

 Eggs are rated
   By Quality  (Grademark):
     Grade AA  (Fresh Fancy)
     Grade A
     Grade B
     Grade C
     Dirty
     Check

   By size:
     Jumbo
     Extra Large
     Large
     Medium
     Small
     Pee  Wee

The  "quality"  grade Is a composite rating
of the shell,  air cell, white and yolk.

The  standard for Individual egg quality and
U.S. consumer  grades are set forth In the
code.
1.
2.
3.
U?s! Grade   Wlth1n a Sh1eldi
Size or weight class may appear (If
not must appear prominently on main
panel of carton)
Plant number may appear (If not must
be shown elsewhere oh the packaging
material).
Specified as follows:
1*  Samples of approved grademarks are shown
    In the code;
2.  Size.

The grademark must be printed on the carton
or on the tape used to seal the carton.
                                 37

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I.  COMMENTS:            The grading system uses  and does  not combine
                        two grades, one for quality,  one  for size.
                        The quality grading requires  that certain
                        requirements all  be met  to  receive a certain
                        grade.   The size  grade sets a minimum weight
                        per dozen,  per  30 dozen, and  a minimum weight
                        for Individual  eggs at rate per dozen.  Letter
                        codes are used.
                                38

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    PRODUCTS COVERED BY THE "AGRICULTURAL MARKETING ACT OF 1946"
A.  PRODUCT:
B.  AGENCY:

C.  PURPOSE:

D.  GRADE/RATING:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:

I.  COMMENTS:
Processed fruits and vegetables, processed
products thereof, and certain other pro-
cessed food products (requirements under
Agricultural Marketing Act of 1946)

Department of Agriculture (7 CFR 52)

Quality and size information

U.S. Grade A
U.S. Grade B
U.S. Grade C
This is voluntary grading and labeling.

The grade is a composite rating of various
factors such as appearance, ripeness,
texture, taste, etc.  Standards are set
forth in the code.
    Grade (2 forms of label):   "Packed under
    Continuous Inspection of the U.S. Depart-
    ment of Agriculture - for plants operating
    under continuous U.S.D.A.  inspection;
    Grade - contract in plant inspection;
    Officially sampled date - U.S. Department
    of Agriculture, Washington, D.C. - con-
    tract in plant inspection.
                        2
                        3
Specified as follows:
The grade and inspection marks approved for
use are shown in figures in the code.

Not specified

Processed food has* a composite grade, having
a technical basis of both subjective and
physical parameters.  Intervals are not
defined in numerical terms.  Letter codes
are used.  The grading and labeling is
voluntary.
                                 39

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         LIVESTOCK. MEATS, PREPARED MEATS AND MEAT PRODUCTS
 A.  PRODUCT:


 B.  AGENCY:

 C.  PURPOSE:

 D.  GRADES/RATINGS:
 E.   TECHNICAL  BASIS/
     CATEGORIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  COMMENTS:
 Livestock, meats, prepared meats and meat
 products (labeling as to quality, no yield)

 Department of Agriculture (7 CFR 53)

 Quality information

 The grade is a single word code,  "prime",
 "choice", "good", "standard",  "commercial",
 "utility", "cutter",  "canner",  or "cull";
 accompanied when  necessary by  a class
 designation.

 The quality grade is  based on  separate
 evaluations of two general  considerations:
 1.   The quality or the palatability  -
     indicating characteristics  of lean,
     and
 2.   The conformation  of  the  carcass  or
     primal  cut.

 The standards  for these  evaluations  are
 set forth  in the  code.

 "Official  identification"

 k   Grade   w1th1n  the Sn1eld5
 3.   Grader's code  identification  letters
     (outside the  shield).

Specified  as follows:
 1.   Shield with USDA and grade enclosed
     (as  shown  in Figure  1-8);
 2.   The  code identification letters of
     the  grader shall appear intermittently
     outside the shield.

The composite grading system combines a
number or technical basis, including
maturity, marbling and quality.  Quasi-
descriptive single-word codes are assigned
to the ratings.
                                 40

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                 COTTONSEED FOR CRUSHING PURPOSES
A.  PRODUCT:

B.  AGENCY:


C.  PURPOSE:

D.  GRADE/RATING:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.
G.
H.
I.
LABEL CONTENT:
PHYSICAL
CHARACTERISTICS:
LOCATION:
SUMMARY:
Cottonseed for crushing purposes

Department of Agriculture
(7 CFR Part 61)

Quality control (purity, soundness)

Basis grade 100
1.  High grades are defined as those above
    100;
2.  Low grades are defined as those below
    100;
3.  Grades for American Pima cotton shall
    be suffixed by the designation "Ameri-
    can Pima" or by the symbol "AP";
4.  Below grade 40.0 shall be designated
    as "below grade cottonseed" and a
    numerical grade shall not be Indicated.

Based on numerical "quantity index" (yield)
and numerical "quality index".  These are
multiplied and divided by 100.

Numerical grade on certificate.

Not specified


Not specified

The most interesting point here is the
grading system.

A basis grade of 100 is set and "high" and
"low" grades relate to this.  This type of
scale might be useful  with a grade of 100
signifying the greatest amount of noise
energy a person can receive without being
fully "Impacted":   a low grade cut-off
point is identified.
                                41

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               WORKPLACE  SIGNS  (General Requirements)
A.   PRODUCT:

B.   AGENCY:


C.   PURPOSE:

D.   GRADE/RATING:

E.   TECHNICAL BASIS/
     CATEGORIZATION:

F.   LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
 Workplace  signs  (general  requirements)

 Department of Labor, Occupational Safety and
 Health Administration  (29 CFR Part 1910)

 To  identify hazards
Not applicable
Symbols used should follow recognized practices
(examples given).  Wording used Is qualitatively
specified (examples given).

1.  Colors
2.  Proportions
3.  Format
4.  Sign shape
5.  General  construction of sign.  All
    spelled out and referenced to ANSI or
    ASAE standards.

Qualitatively specified, except in cases
of in-plant traffic signs and slow moving
vehicle emblems, which are referenced to
national standards.
                                42

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        WORKPLACE SIGNS AND MARKINGS (Specific  Requirements)
A.  PRODUCT:


B.  AGENCY:



C.  PURPOSE:

D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
Workplace signs and markings (specific
requirements)

Department of Labor, Occupational  Safety
and Health Administration (29 CFR Part
1910)

Safety
Not applicable
See subheading information below:
Means of Egress (1910.37) Wording  and symbol
(arrow) spelled out;
Overhead Conveyors (1910.261) - Specific
wording "or their equivalent" must be used;
Asbestos Air Contaminants - wording specified;
Manlift Instruction and Warning Signs -
(1910.68) - approximate wording given for
instructional signs; legend specified for
visitor warning sign;
Bulk Oxygen Equipment Locations (1910.104) -
Specific words or "equivalent";
Transportation Vehicle Carrying Explosives
(1910.109) - Marked with class of  explosive
or oxidizer carried.  Additional warning
"Dangerous" for vehicle carrying more than
a specified weight is necessary.

See subheadings below:
Means of Egress - Size, color and  design
should be readily visible and distinctive
from other signs;
Overhead Conveyors - must be erected in
accordance with ANSI Z35.1-1968;
Electromagnetic Radiation Warning  Symbol
(1910.97) - Color, format, proportions,
location of space (or ancillary informa-
tion specified);                      ,
Asbestos Air Contaminant Caution Signs and
Labels - Sign size, letter size, style and
spacing specified for caution signs, size
and contrast of letters qualitatively
described for label;
                                 43

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H.  LOCATION:
I.  COMMENTS:
 Man!1ft Signs (1910.68)  - Letter size  and
 color specified for Instructional  signs;
 letter size,  shape and illumination  required
 is specified  for top floor warning sign;
 letter size,  shape and contrast  specified
 for visitor warning signs;
 Bulk Oxygen Equipment Locations  -  "per-
 manently placarded";
 Transportation  Vehicle Carrying  Explosives -
 height,  stroke,  color and format of  signs
 is specified;
 Portable Fire Extinguisher  Locations
 (1910.157)  - means  shall  be provided to
 conspicuously indicate the  location and
 intended use of  extinguishers.

 See  subheadings  below:

Asbestos  Air Contaminant Caution Sipns and
Labels -  location qualitatively specifiPd;
Transportation Vehicle Carrying Explosives -
Specified locations on vehicle.

More important information is specified more
ful ly.
                                44

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                        WORKPLACE  MACHINERY
A.  PRODUCT:


B.  AGENCY:



C.  PURPOSE:


D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
                        Workplace machinery  -  tags  for hazardous
                        conditions,  defective  equipment

                        Department of Labor, Occupational  Safety
                        and Health Administration (29 CFR  Part
                        1910.145)

                        Temporary warning of hazardous conditions
                        or defective equipment
                        Not applicable
Symbols are specified for radiation and
biohazards.

Color and format specified for some tags
("do not start", "radiation" and "bio-
hazards").

Location specified for "do not start",
"danger", and "caution" tags.
                                 45

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                              GASOLINE
 A.  PRODUCT:

 B.  AGENCY:

 C.  PURPOSE:

 D.  GRADES/RATINGS:
E.  TECHNICAL BASIS/
    CATEGORIZATION:
F.  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:

I.  COMMENTS:
  Gasoline

  Federal Trade Commission (16 CFR 422)

  Octane information at the pump

  A single number octane grade derived by
  method set forth in the code and termed
  "octane number".

  The "octane number" is calculated from the
  research octane number and the motor octane
  number, which are in turn determined from
  tests described in ASTM D439-70 and ASTM
 02699 and D2700.

 Minimum "octane number" of the motor gaso-
 line being dispensed must appear on the
 pump.

 Specified  as  follows:
 1.   Permanently  attached
 2.   Conspicuous

 Conspicuously  located  on  the gasoline  pump.

 The  FTC octane number  is  a combination  of
 industry standards  and  a  standard set  forth
 in the code.

 PROBLEM:  The octane number in car owners '
 manuals at the time of the rule-making was
 the  research octane number.  In 1974, the
 auto industry came up with a symbol which
 indicates the range of octane appropriate
 for the vehicle.  The symbol is meaningless
 to the consumer since it has no obvious
 relation to the number that is posted on
 the gasoline pump.  In 1975, the auto
 industry decided to print in car owners'
manuals the research octane number, the FTC
octane number and the octane symbol, making
no mention of which octane rating is found
on the gasoline pump.
                                46

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                      FULL-SIZE BABY  CRIBS
A.  PRODUCT:

B.  AGENCY:


C.  PURPOSE:
     i
D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F.  LABEL CONTENT:
 G.   PHYSICAL
     CHARACTERISTICS:
Full-size baby cribs

Consumer Products Safety Commission
(16 CFR 1508)

Safety, Warnings and Instructions
Not graded.  Safety standards are set forth
in the code.
1.  Name and place of business of the manu-
    facturer, importer, distributor, and/or
    seller;
2.  Model number, stock number, catalog
    number, item number or other symbol
    expressed numerically, in code or
    otherwise, such that only articles of
    identical construction, composition
    and dimensions shall be identical in
    markings;
3.  The following warning:  "Caution" any
    mattress used in this crib must be
    at least 27-1/4 inches by 51-5/8 inches,
    with a thickness not exceeding six
    inches or the equivalent statement with
    dimensions given in centimeters;
4.  Statement of conformanee to applicable
    regulations promulgated by the CPSC;
5.  Assembly instructions for cribs
    shipped other than completely assembled.

The instructions shall also include:
a)  cautionary statements concerning secure
    tightening and maintaining of bolts and
    other  fasteners;
b)  cautionary statement on maximum  height
    for  child using crib;
    mattress size warning statement.
c)

1.
2.
3.
     Size of type of warning (minimum);
     Style of type of warning;
     Warning must contrast sharply with  the
     background of the label;
     Markings on crib shall  be  of a permanent
     nature;
                                  47

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                         5.  Markings  shall  not be  readily removable
                            or subject to obliteration during
                            normal use or when the article 1s
                            subjected to reasonably foreseeable
                            damage or abuse.

H.  LOCATION:           The label contents  (Items 1-4) must be
                        clearly and conspicuously visible on the
                        crib under normal conditions of retail
                        display.   The label  contents (Items 1-4)
                        must also be clearly marked on the retail
                        carton.

I.  COMMENTS:           The label  herein  Is  primarily  for proper
                        assembly  and use  of  the  crib.

                        It Is  Important to note  that the  code
                        requires  that label  content (Items  1-4)
                        be clearly visible under  normal retail
                        conditions.
                               48

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     LIGHT-DUTY MOTOR VEHICLES, HEAVY-DUTY GASOLINE ENGINES
A.  PRODUCT:


B.  AGENCY:


C.  PURPOSE:


D.  GRADE/RATING:

E.  TECHNICAL BASIS/
    CATEGORIZATION:

F,  LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
I.  COMMENTS:
                       Light-duty motor vehicles, heavy-duty
                       gasoline engines

                       Environmental Protection Agency
                       (40 CFR Part 85)

                       Provide emission control maintenance
                       information
                        Not  applicable
1.  Heading - "Vehicle Emission Control
    Information";
2.  Full  corporate name and trademark of
    manufacturer;
3.  Engine displacement and family;
4.  Tune-up specs  and adjustment (specified)
    along with indication of what the trans-
    mission position should be and what
    accessories should be operative during
    tune-up;
5.  A conformance  standard (specified).

1.  Constructed of plastic or metal  that is
    permanently attached so that it cannot
    be removed without being destroyed;
2.  Letter shape,  language and color con-
    trast specified.

Vehicle-engine compartment; engines-on
engine

This kind of information label provides
not only instruction but also  serves to
establish a legal  basis for compliance;
hence the contents and stipulations are
pre-established and impressed  more vig-
orously than for purely information
labels.
                                 49

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               TEXTILE WEARING APPAREL AND YARD GOODS
 A.  PRODUCT:

 B.  AGENCY:

 C.  PURPOSE:

 D.  GRADE/RATING:
 E.   TECHNICAL  BASIS/
     CATEGORIZATION:
 F,   LABEL CONTENT:
G.  PHYSICAL
    CHARACTERISTICS:
H.  LOCATION:
I.   COMMENTS:
 Textile wearing apparel and yard goods

 Federal Trade Commission (16 CFR 423)

 Disclosures for care and maintenance

 Not graded.  Maintenance and care instruc-
 tions must be given.

 The maintenance and care instructions
 required are those necessary for ordinary
 use and enjoyment of the article.
 1,
 2,
 Instructions for care and maintenance;
 Warnings when normal care procedure
 associated with that article will,
 in fact, if applied, substantially
 diminish the ordinary use and enjoy-
 ment of the article.

 Permanently affixed to a finished
 article of wearing apparel;
 Remain legible for useful  life of
 article;
 For yard goods,  can be permanently
affixed to finished article  using
normal  household methods.
 Finished  article  of wearing  apparel:
 Label must  be  permanently attached  to
 article.

 Yard goods:
 Label must  accompany goods.

 The care  and maintenance labeling program
 has had some problems at the consumer
 end.  At  times, finished articles of
 clothing, if washed and dried according
 to instructions, will shrink or run or
 become misshaped.  Also, when purchasing
yard goods, it is common not to receive
 a care label with the goods.
                                50

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Section 2.  Noise Labeling - General Approach

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           SECTION 2:  NOISE LABELING - GENERAL  APPROACH
     The labeling of  consumer  products  1s an area of  governmental
regulation that 1s growing.  Certain consumer products like motor-
cycles now have  several  labels,  and others  are  proposed or under
development.    Care  must be  taken  to ensure that  the consumer 1s
not  confused  by the  clutter of different  messages,  symbols,  and
warnings.

TYPE OF LABELS
     Table 1-3 lists the various kinds of labels that  are  attached
to products for  regulatory  purposes, putting aside entirely volun-
tary  manufacturer  labeling.   By  "regulatory"  1t 1s meant that
the label Is  put there  In  accordance with some established rule or
standard.  The regulator  need  not  be the government,  nor  must use
of the  standard  be  governmentally  required.   Some examples in the
listed categories are:
     o     Governmental  requirements:   mandatory labeling rules
          established by EPA, NHTSA, FDA, USDA, FTC, etc.
     o     Trade  association  rules:   such organizations as BIA
          (Bicycles), OPEI  (power lawn care equipment), ARI  (central
          air-conditioners)  allow use of seals and labels to Indicate
          specific performance  measures.
     o     Others:   such magazines  as Good Housekeeping and Parents
          have approval  programs, usually without a  publicly
          disclosed  test basis;  the Snell Foundation  has  a  volun-
          tary crash helmet standards program.
                                 51

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                             Table 1-3
                          Types of Labels

 LABELS ARE ATTACHED  TO PRODUCTS FOR  "REGULATORY"  PURPOSES  UNDER:
      •   GOVERNMENT REQUIREMENT
      •   TRADE ASSOCIATION RULES
      •   OTHER - INCLUDING SEALS OF APPROVAL OF MAGAZINE
          PUBLISHERS

 INFORMATION LABELING
      The various kinds  of labeling shown  in Table  1-3 can  be
 further categorized,  as  shown  in Table 1-4, as being  either  con-
 formance labeling or  information labeling.
                             Table  1-4
            Conformance  Labeling  and  Information  Labeling

 CONFORMANCE LABELING -  TO CLAIM  COMPLIANCE  WITH GOVERNMENTAL OR
 PRIVATE  STANDARDS OF  PERFORMANCE REGS
     •    LABELING OF THIS TYPE, WHICH  EPA MAY DO UNDER SECTION 6
         OF THE ACT,  IS  NOT OF INTEREST HERE
 INFORMATIONAL  LABELING  -  PROVIDES ESSENTIAL  INFORMATION  TO PUR-
 CHASER/USER
     •   QUALITY GRADES          •   PERFORMANCE
     •   USE INSTRUCTIONS        •   HAZARDS
     •    LEGAL  REQUIREMENTS  RELATED  TO THE  INFORMATION  LABEL
•     THIS  TYPE OF  LABELING  IS TO BE DONE UNDER SECTION  8 OF THE
     ACT

     The goal of information labeling is to say to the prospective
purchaser or  user:    "Look  here  for noise  information  about this
noise producer  or  noise reducer."   This  information must appear
to be -  and indeed  must be - more  than  self-serving,  unregulated
                                 52

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advertising.   The label  should convey  the  message  that the  con-
tents  are  "Government approved"  or "Government  checked" and  thus
trustworthy and unprejudiced.
     Table  1-1 listed  those  agencies whose  labeling  regulations
have  been  examined.    Many of  these  agencies  are responsible  for
labeling more than one product category.
     Label  requirements   have  been  accompanied by  public-informa-
tion  campaigns  - sometimes  undertaken  by  the  regulatory  agency
alone, as in the example shown in Figure 1-1.
     The public  information  process Is greatly aided when  industry
Itself joins in the  effort.   Figure 1-2 shows  covers to brochures -
the  right-hand  one published  at Government expense by  the  FDA, the
left-hand  one, which makes  very  effective  use of  color printing,
by a  large  retail food chain.
      The  clarity of the  explanations given  to  consumers  varies.
Figure  1-3 shows the  label  information  one should  expect  to  find
on cheese and explains the terms used  by the Industry.
      Figure 1-4 shows a  catalog entry  that  includes  a noise rating
(2.9  sones).   However,   the  explanation headed  Ventilator Note is
obscure  and confusing to the  lay  public,  and indeed,  to  a sample
of acoustical  engineers.
      These   same  engineers also  had  difficulty  understanding  the
advertisements  shown  in  Figure  1-5.   The  ventilation quietness
rating and  the air  conditioner sound  rating  are not  on  the  same
basis and thus no meaningful comparison  can be made.  Further,  the
quietness ratings are  not readily  related  to the  sound levels in
decibels,  with which the public 1s generally familiar.
                                  53

-------
     FTC Buyer's Guide No. 6
                  LOOK FOR
                 THAT LABEL
             Figure  1-1
Federal Trade Commission Awareness Notice
                  54

-------
.     a"*

We want
youtoknow
about
c
c,


/^"""""^N



)
;
                        Figure 1-2
        Commercial and  Government Labeling Brochures
                           55

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                             BUYING  CHEESE

                             CHECK THE LABEL

                               The  labels  of  natural cheese, pasteurized
                             process cheese, and related  products carry im-
                             portant descriptive  information.  The name of a
                             natural cheese will appear as the variety such
                             as "Cheddar cheese", "Swiss cheese", or "Blue
                             cheese."
                               Pasteurized process cheese labels will always
                             include the words "pasteurized process", together
                             with the name of the variety or varieties of cheese
                             used, for instance, "pasteurized process American
                             cheese" or  "pasteurized process Swiss  ar\d
                             American cheese".
                               Cheese food also contains ingredients other
                             than cheese and therefore is labeled as "pasteur-
                             ized process cheese food". Cheese spreads have
                             a different composition from cheese foods  and

                             are  labeled  as "pasteurized  process  cheese
                             spread". All  the ingredients used in the prepara-
                             tion of these products are  listed on the respective
                             label  along with the kinds or  varieties of cheese
                             used in the mixture. Also the milkfdt and'moisture
                             content may be shown.
                               Coldpack  cheese and  coldpack cheese food
                             are labeled in the same manner as other cheese
                             and cheese  foods except  that "club cheese" or
                             "comminuted cheese" may be substituted for the
                             name "coldpack cheese".
                                                                WEIGHT
                                                           DISTRIBUTOR

                                                      CURING  CATEGORY
                                                                  NAME

                                                                QUALITY
                Figure 1-3
Explanation  of  Cheese Label Contents
                     56

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                    Bathroom Ventilators help  clear o
                             moisture  and stale air
 3 rocktr twitches
 allow UMd light
wid Mower upereMy
 or hnlw wMhlighl
  •ml/or Mower
                         Lighted ceiling
                           Ventilator
                          with infrared
                             heater
 Cuf'7
Woi
 K  A comfortable bathroom on cold mornings
    without overheating the whole house. Heat
 from two 400-watt quartz tube heaters. Light
 uses four 40-watt • bulbs  (not incl.). Blower
 moves 90 CFM*, ventilates bathrooms up to 85
 square feet. Grille measures 16%x11% in. Re-
 quires 14%x10%-in. opening. Built-in plastic
 damper for quiet operation.. rated at 2.9 sones.
 White  Lexan® plastic grille with gold-color
 accent. UL listed; 110-120-v., 60-c. AC. 1020 w.<
 Order vent kit from Big Book..
 42 R6368-Shipping wt. 13 Ibs. 401...... .Now $02.06
                      Ventilator
                       with light
                        alone
Cuf*S
                     A Asatleftbutwithoutheat. Control light,
                        blower together with  one light-type
                     switch or separately with 2 switches
                     (switches not incl.). UL listed; 110-120-v.,
                     60-c. AC. 220 w. Sone rating 2.9.
                       Order vent kit from Big Book.
                     48 R «4-Shpo. wt 12 Ibs. 8 oz.... Now *ttJ6
                     VENTILATOR NOTE: Ventilators are quietness
                     rated In eones (units of sound) by tneasurements
                     by Sears Laboratory tests. (4 sones twice as loud
                     as 2.) Noisy bathroom ventilator would be above
                     6.5 sones.
                     •CFM - Cubic tact p«r minute. :
                             Figure   1-4
     Example  of  a  Catalog Ad  with  Noise  Rating
                                    57

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  Now, more than ever, you need an
efficient, quiet central air conditioner.
  Now, more than evet; you need GE.
    Efficiency Rating
         918
             Sound Rating
           EXECUTIVE
             Model
          EER iCoil SRN
          9.3 B8K 17
          9.3 UBS 18
          9.8 {8S& 18
  DELUXE
   Model
EER & Coil SRN
8.1 -BBS 18
8.6
8.1
8.0
8.0
8.0
      18
      18
      18
      19
      19
 STANDARD
   Model
EER  A Coil SRN
7.1 BBX 19
7.3 ftgft 19
7,2 aJSS 19
7.2 IBffiT 20
7.2 M«SS* 20
          "This data is for electric split system, jir-cooled condensing units with coil
          alone (type RCU-A-C) listed in the January 1974 Air Conditioning & Refrigera-
          tion tnidlute Directory."
                  Figure 1-5
   Advertisements  for Air Conditioners
                      58

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NOISE LABELING UNDER SECTION 8 OF THE NOISE CONTROL ACT
     The Noise  Control  Act of  1972 devotes  all  of Section  8  and
part of Section  10 to labeling.  Section 8 is  shown  1n Table 1-5.
     Table 1-6 Is an excerpt from Section 10.
                            Table 1-5
             Section 8 of  the  Noise Control Act of 1972
                  (Public  Law  92-574) (Labeling)

     (a)  The Administrator shall by  regulation  designate any pro-
duct (or class  thereof) -
          (1)   which  emits  noise capable  of adversely  affecting
               the public  health or welfare; 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 effectiveness 1n  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 manner, (2)  the  form of the notice, and (3) the
methods and  units  of measurement  to  be  used,   lections 6(c) (2)
shall  apply to the prescribing of any regulation under this
system.
     (c)  This section does not prevent any State or  political
subdivision  thereof from; regulating  product  labelIng  or informa-
tion respecting, products  In any way  not 1n  conflict with regula-
tions prescribed by the Administrator under this section.

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                             Table 1-6
             Section 10 of the Noise Control  Act of 1972
                    (Public Law 92-574)  (Labeling)

      (a)   Except  as  otherwise provided  in subsection (b),  the fol-
lowing acts or the causing thereof are prohibited:
     (3)   In  the case of a manufacturer, to distribute in commerce
any  new product manufactured after  the  effective date of  a  regu-
lation  prescribed under  Section 8(b) (requiring information respec-
ting noise) which is  applicable to  such  product,  except in confor-
mity with such regulation.
     (4)   The removal  by any person  of any  notice affixed  to a
product or  container  pursuant to  regulations prescribed under  Sec-
tion 8(b),  prior  to  sale of  the  product  to the ultimate purchaser.
     In Table  1-7,  the language of  Section 8 is  examined  in  more
detail.
     The  information  necessary  to make  the determination  concern-
Ing  adverse  effects  is  available,  in  part, as  contained  in  the
following  EPA  publications:  "Public Health  and   Welfare  Criteria
for Noise" Document No. 550/9-73-002, July 27,  1973 [1] and  "Infor-
mation  on Levels of  Noise Requisite  to  Protect  Public Health
and Welfare with  an Adequate Margin  of  Safety" Document No.  550/9-
74-004, March,  1974 [2].
   ' For  example, as indicated  in  Note  2  (Table  1-7),  a mass
transit system will  expose riders and  spectators  to noise.   Home
air conditioner noise can  affect both the owner and  his neighbors*
                                60

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                            Table 1-7
                       Statutory Authority

SECTION 8(a) THE ADMINISTRATOR SHALL  .  .  . DESIGNATE ANY PRODUCT*
(OR CLASS THEREOF)
(1)   WHICH EMITS  NOISE  CAPABLE OF  ADVERSELY  AFFECTING THE PUBLIC
HEALTH OR WELFARE^  ..."
(2)   OR WHICH  IS SOLD  WHOLLY OR  IN PART3 ON  THE BASIS  OF ITS
EFFECTIVENESS  IN REDUCING NOISE"
1 "Shall'.  .  .  designate any"  Note  no discretionary authority, as
 in Section 6(a)(3)  is provided.
2No  distinction  is  made between  "prospective users"  and  "spec-
 tators,  bystanders".
      products  sold explicitly  for  such use  or with  such use as
 a stated possibility.
     Figure  1-6 is an  example of advertisements  for grass seed
which incorporates a noise claim.
     Table  1-8 contains an examination  of  Section  8(b)  of the
Statutory Authority.
     As  indicated  in  Note  6  (Table  1-8), the  legislative  history
shows  that  various and  sometimes  more specific  requirements were
part of  the  several noise control  bills  introduced  in  the Congress
in 1971.
     As  shown by Table 1-9, labeling means different things  to
different people.   Most  of  the  differences come from the different
perception of  labeling  as  seen  in government,  1n industry, in the
engineering  department,  or  in  the graphics or  advertising  depart-
ment.  Labeling is really all of those  things.
                                  61

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          FYLKING!


           WORLD'S FAIR


          OFFICIAL GRASS

          Architects, for Expo '74 World's Fair  picked
          0217® brand Fylking Kentucky bluegrass for all
          lawn areas because of its outstanding qualities. The
          World's Fair theme, "Celebrating tomorrow's fresh
          new environment" makes Fylking the  natural
          choice. Its dense root system knits itself together
          to resist weeds,  requiring less chemical weed
          control. FyIk ing's greater disease resistance means
          less disease and little, if any, chemical treatment
          for turf grass diseases. It has greater drought
          resistance, can be cut low as 3/4 inch (even 1/2
          inch) and thrive with less watering. Fylking ab-
          sorbs carbon dioxide pollutants, gives off oxygen.
          It reduces glare and radiation, cools air by releas-
          ing water vapor.  It fights noise pollution with
          superiorsoundabsgrBiifliL&uaitijes. TyiKing grass
          blades trap dyit  particles which  are eventually
          absorbed into the soil. A vital green environmental
          shield, ask for the official World's Fair grass seed
          or sod, 0217® Fylking  Kentucky bluegrass, at
          seed and garden supply centers and sod landscape
          distributors.

               JYLKING KENTUCKY BLUEGRASS
                                 U.S. Plant Paten! 2887
I                      "mother line product of Jacklin Seed Company
                       •XDO'74.sH»~uu i4.NMi.i

                       World's Fair
                  Figure  1-6
Advertisement  Incorporating  Noise Claim
                       62

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                            Table  1-8
           Additional  Examination of Section 8 Authority

SECTION  8(b)  REQUIRES  NOTICE*  TO  THE PROSPECTIVE USERS  QF  LEVEL
OF NOISED ...  OR ITS EFFECTIVENESS IN REDUCING NOISE.
THE REGULATIONS  MUST SPECIFY
     (1)   WHERE (LOCATION)  - ON  PRODUCT,  ON CONTAINER  AT TIME OF
          SALE TO ULTIMATE PURCHASER - OR  IF  NOTICE IS TO BE GIVEN
          TO THE USER IN ANOTHER WAY
     (2)  THE FORM
     (3)   THE METHOD OF  MEASUREMENT  AND THE UNITS OF MEASUREMENT
                             Table  1-9
                Various Meanings  of Term  "Labeling"

LABELING CAN MEAN:
     o     THE WORDS/SYMBOL THAT  PROVIDE THE  IDENTITY  FOR NOISE
          LABELING
     o    THE RATING ITSELF
     o     THE LABEL  ON THE PRINCIPAL DISPLAY  PANEL  - AND WHAT IS
          ON THE INFORMATION (SECONDARY)  PANEL
     o    THE TOTALITY  OF  THE  INFORMATION  REQUIRED  UNDER  A LABELING
          STATUTE
 4Not necessarily a label
 5Th1s  1s not  the  "ultimate purchaser"  defined in  Section  3  (4)
 6Not necessarily decibels
                                 63

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     Unfortunately,  however,  the  Informative  labeling such  as  is
being  discussed  sometimes  is lost  in  the midst  of  other labeling
as demonstrated in Figure 1-7.
     It  can  be concluded, as  shown in Table  1-10, that,  on  the
basis  of  investigations  of both technical  (acoustical) factors  and
graphics  considerations,  some  basic development  can be  common  to
labels for noise  reducers  and noise producers.   These common fac-
tors will be  described in more detail below.
     However, noise reducers do  not  appear to  lend themselves to a
common label   grade,  and  the separation into a  sound insulator  and
a sound absorber category may be necessary.
                            Table  1-10
                    Common  Factors for Labels

1.    CAN  THERE  BE A  SINGLE  "LABEL" FOR BOTH  NOISE  PRODUCERS  AND
     NOISE REDUCERS?
     Not Completely -  But Many Common Elements Are Possible.
2.    CAN  THERE  BE A  SINGLE  "LABEL" FOR ALL  NOISE PRODUCERS?
     Appears Possible.
3.   CAN THERE BE A SINGLE  "LABEL"  FOR ALL NOISE REDUCERS?
     No - Two Major Categories Appear Possible.
                                64

-------
en
/K M8HVUSH»K
1 IT MOVE MTEI

(UjTciAOE
f A
VjFANOfJ
 TROPICAHA
   KEEP REFRIGERATED
w^   FLORIDA
TROPICANA
   100% PURE
     PASTEURIZED
   ORANGE
    JUICE
                        SHAKE WELL BEFORE SERVIN6
                      JRDPICANA
 OUR GUARANTEE

This product contains only
100% Pure Pasteurized
Orange Juice.
It is not made from
concentrate. No water,
sugar or preservatives
are added.
If it isn't in the Orange...
it's not in Tropicana.
                          P'Od:,c'v me
    HETB4FL. OZS.(2QTS.)
 ROPICANA
 100% PURE
    PASTEURIZED
    ORANGE JUICE
   KEEP REFRIGERATED
_   FLORIDA
TROPICANA
   100% PURE
    PASTEURIZED
   ORANGE
    JUICE
                                                                   MIWTS
                                                                 M^S&'E&ta.
                                                                 Ex-eai-o coraunoN i»
                                                                  DairyPak  ^>
                                                                  Division of
                                                                  Champion International
                                                                MM> 1MB M. J4IH7S11412371
   KEEP REFRIGERATED
_   FLORIDA
TROPICAHA
   100% PURE
     mSTEURIZED
                                                               ORANGE
                  NET 64 FL. OZS.C2QTS.)   NET 64 FL. OZS.C2QTS.)
                                   Figure 1-7
                           Example of Labeling Confusion

-------
MAJOR CHARACTERISTICS  OF LABELS
     Section 8 Identifies three major  characteristics which labels
need to specify.   They are:
          1.   Content
          2.   Physical Characteristics
          3.   Location
     Each of these will be examined in turn.

Label Content
     The content of the  label  Is  of primary Importance.  However,
the  content of the label  is  restricted  by  two considerations:
the  limits  on the statutory authority and  the physical  space
limitations for messages of  readable  size  and  layout.   Table 1-11
lists  some  of the more  important informational  elements  that
should be  considered  for  Inclusion on a  noise label.   First, the
noise  label  must  identify  Itself.   This must be so standardized
that it  Is  a highly recognizable  symbol.   It  can be a word or two
-  STOP has  become  an International  traffic  sign symbol,  and  Is
recognized In  the  U.N. Convention  on  road signing for use In non-
English-speaking  countries.    To  gain this  near-Instant  recognlza-
billty, it  must  always  appear In  the  same type-face and the same
relationship -  both  relative  size and  position  -  on  the  label.
The  words NOISE  RATING or NR can  become a  symbol for a noise
producing product and Noise  Reduction Rating or NRR might likewise
become a symbol for a  noise  reducing product.
     The rating  comes next.  The discussion to follow later 1n
this section will  Indicate  the way any valid  but highly technical
acoustic measure  can  be  transformed into a  simple  rating  for the
layperson*
     Since space 1s at a  premium,  the next Item  should  tell where
information  essential  to getting  and keeping  the  proper  product
noise  performance can be  found,  and also  the availability  of
additional  Information  for  the   technically   sophisticated  buyer.
     The manufacturer's name and  the product's  Identification may
also be of high value  on the  noise label.
                                66

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                            Table  1-11
                        Content of Labels

1.   HEADING - NOISE INFO SYMBOL
2.   NOTICE OF PERFORMANCE
          o  NOISE RATING       o  NOISE REDUCTION RATING
3.   REFERENCE TO PRODUCT INSTRUCTIONS,  SPECIFICATIONS
          0  USE                0  REPAIR, MAINTENANCE
          0  DETAILED TECHNICAL SPECIFICATIONS
4.   PROHIBITED ACTS
5.   MANUFACTURER'S NAME (NOT TRADEMARK), ADDRESS
6.   PRODUCT IDENTIFICATION:  MODEL,  BATCH
7.   GOVERNMENTAL AGENCY OR U.S. GOVERNMENT SYMBOL
     A prohibition  against removing  the  label  and  an  Agency seal
could be  at the bottom.   This authority  symbol  must be carefully
chosen,  for it  plays  an  Important role 1n the reader's mind.  Con-
sumer research  has  shown that  the public responds  well  to  "seals
of approval" and other official  symbols.   As mentioned earlier, it
1s vital  that  the  public see  this label 's  Information  as  trust-
worthy and impartially determined.

Physical  Characteristics
     As  demonstrated  1n  Figure  1-8,  some seals  have  become well
known to  the public  through  frequent  exposure.    Even  though all
these  seals represent  the same  governmental  agency and  are all
based on  a shield  shape, there  are significant appearance  varia-
tions that  can  create doubt as to  which  is  the official  one.  The
EPA  seal  does  not use  a shield,  and contains several  symbolic
elements  -  none of  which has  strong  connotations of governmental
authority.
     In the highly  competitive visual  world of corporate  identity
and  product trademark advertising,  many  governmental agency  seals
fare  poorly.   In  the following  excerpt from  a U.S. Government
publication, the authors note  that official  seals are often  filled
with obscure phrases and symbols.
                                 67

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LAN DO LAKES8
    BUTTER
       FOUR QUARTERS
Distributed by LandO'Lakes. Inc. Minneapolis. MM 55413
USD/I  Grades
Help You Choose
BEEF  STEAKS
         U5D4
        'U.S. EXTRA GRADE)
         aOCfSSiO tND KCXEl
         tt'R INFECTION Of THE
          Zu*I.
         \ISDA
        I Q'JMITY APPROVE
        U.S.DEPT.OF ACRICULTURC
           0«»PINC AND
        aa/UtTYCOMTROlSERVItt
      >U.S. Prime-Highest quality,  most
       tender, juicy,  flavorful

      >U.S. Choice—Most popular quality,
       very tender, juicy, flavorful

      »U.S. Good-Lean, fairly tender, not
       as juicy and flavorful
                                 lUSDAi
                                  GOOD
                                  U S.f
     • Most tender-rib steaks, tenderloin,
      porterhouse, T-bone, strip loin, club,
      sirloin steaks.

     •Moderately  tender-blade  chuck,
      round steaks

     • Least  tender-arm  chuck,  flank
      steaks
                                             U.S. Government Printing Office, Wo.hington, O.C.
                                                    20402 - Price 10 cent*
                                          CONSUMER AND MARKETING SERVICE
                                          HOME AND GARDEN BULLETIN NO. 145
                                          February 1968
                               Figure 1-8
                               USDA  Seals
                                   68

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     It 1s interesting to read what the U.S.  Department of  Health,
Education, and Welfare  has  to say  about  seals.[3]   (The new  seal
appears in Figure  1-9.)
                                                         t
          "Government  papers quite commonly have,seals of
     various descriptions because one associates seals with
     important institutions.   But a seal is very rarely read
     by anyone."
          "Here we have  taken  the HEW seal  which appears on
     all  letterheads,  and we have blown it up to large size.
     The first thing we  note is that the words on the seal
     are exactly the same as those on the letterhead.  Then
     we find a phrase  in Latin, which few of us can read.
     Then there is the familiar eagle, the caduceus (a ser-
     pent on a rod), which has been the medical symbol for
     a long time.   It  is not clear exactly what the chain
     means, but it must  have something to do with welfare or
     education. The symbolism is not clear, but it doesn't
     matter, because the only  real function of the seal  is to
     suggest Government  power  and status."

     Appearance   variations  in  supposedly  identical  seals  and
obscure graphic elements are  bad enough when  only one governmental
agency is  involved.   Having various  symbols  for different  agencies
may be even  more  confusing.   In some ways,  therefore,  it would be
advantageous for  there  to  be one  Federal  symbol that  can  achieve
and keep  quick recognizabllity, even  when  restricted to   a  small
size.   This  would not prevent the name of  the agency  from  appear-
ing as well.   However,  no  such  inter-agency symbol  exists  at
present.
     Ideally, a symbol  should have only one  meaning,  not two.   For
example,  It was  found that  the Skull  and Cross-Bones "Poison-
label  actually attracted  children,  who associated  the symbol  with
pirate games and TV cartoons,  rather than sickness.
     That's  why   the  "Mr. Yuk"  symbol shown in Figure 1-10  was
developed;  children   (and  adults)  understand  it as conveying  the
idea of bad  taste or  repulsion.   It is noteworthy that this symbol
(and Its  sickly green color)  have  been  copyrighted.   This was done
precisely  so  that It  could not be  legally used  for other than Its
intended purpose, for example,  in a  game or  toy for children.
     The  information  conveyed by the label  Itself is not the  whole
story.
                                69

-------
                        Figure 1-9
Seal of The U.S. Department of Health, Education and Welfare
                            70

-------
     Figure 1-10
Mr. Yuk Warning Label
          71

-------
     As  specified  in Table  1-12,  additional  instructions may need
to  be provided to  the  consumer,  perhaps in  separate  booklets,
instruction sheets, etc.
     Education  of  the consumer  about the meanings of  the various
ratings  is  particularly  important  if he  or  she is  to understand
the  full  message  of the label.  This  could be  done on a secondary
panel on  the  container,  on  a separate leaflet packed inside,  or in
the instruction book.
     The  matter  of consumer education about  the  ratings  is vital.
In theory, it may be accomplished by point-of-sale displays,
advertising,  or  booklets.    One  problem  is how  readily  this  addi-
tional information  reaches  the  consumer,  and  how likely it  is  to
be  understood to  the extent it will  be  used for  purchase or  use
decisions.
     Sales  organizations  may have little stake in facilitating
consumer  access  to  information  that  is  not directly helpful  in
boosting their products.
                            Table  1-12
             Requirements  for Additional  Instructions

ALSO SPECIFIED BY REGULATION:
REQUIREMENTS  FOR ADDITIONAL  INSTRUCTIONS.    THESE  CAN COVER  USE,
REPAIR, CONSUMER EDUCATION ABOUT RATING.
     o    USE OF PRODUCT
     o    REPAIR AND MAINTENANCE OF  PRODUCT
     0    CONSUMER EDUCATION ABOUT THE RATING
     0    FURTHER TECHNICAL INFORMATION
THIS MAY NOT BE PART OF THE PRIMARY  DISPLAY
                                72

-------
     By Federal  regulation, auto manufacturers must furnish braking,
passing distance, and tire load capacity  information  to  buyers  and
prospective purchasers.   This information  must be available to take
from dealer's showrooms.   Without exception,  manufacturers  do  not
combine this with their  full-color  brochures,  but present it in  a
separate,  plain brochure filled with  data  for  different  models  and
different optional  equipment.   An  example is  shown on the left of
Figure 1-11.   Neither industry nor  government is happy  with  this
outcome,  and  there   appear  to be  few buyers  who have  found  this
brochure,  and fewer  still who found it understandable  and useful in
making purchasing decisions.
     In contrast, the fuel economy brochure  on the  right of Figure
1-11 has  received wide   readership with good reader comprehension.
Cars of  many makes  are  compared  and the  meaning of  the  test  re-
sults  is  explained  in  simple terms.   Dealers whose  cars do  well
often  have these brochures   prominently  displayed  in their  show-
rooms or use this information  in their media  presentations.
     Unfortunately,  as  demonstrated  in  Figure  1-12,  some consumer
education  literature and  displays,   although  colorful   and  poten-
tially  informative,  are  so   complex  that most consumers are  not
likely to take  the trouble  to read them,  let alone  understand
them.
     The educational purpose  in Figure 1-12  is largely  lost.  This
explanation of  USDA  grading  of fruit is almost incomprehensible at
first.   Even  after  the  small  footnote at lower left  Is  found,  the
diagram is still unclear.
     The basic  physical  characteristics  of  a  label  are listed in
Table  1-13.   As mentioned previously, the physical characteristics
of the label greatly affect its overall utility.
     A  later  discussion  to   follow  will  present more  about label
design, and making proper use of these characteristics.
     Regulation development  must consider  the  need  to  specify
physical  characteristics,  1n order to  ensure both readability
and permanence when  exposed to the  use environment.
                                 73

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                       Figure  1-11
               Typical Automobile Brochures
                            74

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Example  of  Complexity  in Consumer  Display
                             75

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                            Table  1-13
              Physical  Characteristics of a Label

              PHYSICAL  CHARACTERISTICS OF A LABEL:
                   o    LABEL MATERIAL
                   0    METHOD OF  ATTACHMENT
                   o    SHAPE AND  BORDER
                   0    LETTERING  AND SIZE
                   o    COLOR AND  FINISH
Label Location
     In addition  to the  physical  characteristics  of a  label,  one
needs to consider where  it should be placed.  There  exists  a  num-
ber  of  alternatives  {Table  1-14),  all  with a  number  of  advantages
and  disadvantages, depend-ing in  part  on the type and  size of  pro-
duct, and  how it  is advertised, bought,  and  sold or offered  for
use.
     The location for  the primary label  and for  the additional
information required  by  regulation will probably  need to be  con-
sidered for each  product or  product  category.   In some cases,
more than one  of  the locations  listed may be used.
                           Table  1-14
                        Location of Labels

                1.    FRONT OF  LABELS
                2.    HANG TAG  ON UNPACKAGED PRODUCT
                3.    DISPLAY AT RETAIL
                4.    PRODUCT
                5.    PACKAGE STUFFER
                6.    HANDOUTS
                7.    ADVERTISING
                8.    OTHER
                                76

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RATING SCHEMES
     Mentioned earlier was  the necessity of  reducing the  results
of whatever  valid  technical  test is chosen -  on  the basis of its
relationship to  the  informational  needs and  the  accuracy and
repeatability of the  procedure  -  to an easy to understand  rating.
The  principles  of this  process,  presented  in  Figure  1-13 for
noise,  have  been  applied  to  ratings  for  many familiar  products;
for  example,  butter  grades  and tire  mileage.   Although  this is
usually thought of as  a single, and  perhaps simple,  process called
grading, it is not.
     We start with  a  measure derived from  a particular test;  this
test  might yield  a  purely  physical  measurement  with  results in
physical  quantities  like  miles,  decibels,  or  %  butterfat.   The
technical   basis might be  a  physiological or  psychological  effect,
with  results  like  the dose  for  a  50% lethal  effect,  articulation
index of X%,  or the fraction  of  the population that  would  suffer a
given  amount of hearing  damage.   In each case  the result Is a
number  on  a  continuous scale.   Not all  different values that can
be measured  are significant,  so  the next step is to divide  this
continuous scale into  intervals that  imply  significant and  notice-
able differences.    For tire  mileage,  this  might be  1,000 to  3,000
miles; for ratings  of  noise producers, this might be 3 or  5 decibels.
     Up to this point the  rating  has  retained whatever measurement
units  are inherent in the  technical basis  (miles,  decibels of
equivalent sound  level,  etc.).   This absolute  measure  can be
avoided by use  of an  established  reference point, such  as 30,000
miles for  tire  life.   Thus a  15,000 mile tire would  become 50 (%)
and  a  45,000  mile  tire would be graded 150 (%).   The reader  would
see  that  150  meant three  times the life of the  50 grade, and the
manufacturer  would  not be making a statement that implied  a specific
tread life under  all  conditions of  use.   Finally, one may assign
codes  to  the various  categories,  although  this  latter element is
fraught with  considerable difficulties.  Is a 90 better than  a  60, if
this is a  quietness rating?   If an A is assigned to  the best  product
today,  what is  done when  a better one is Invented five years  from
now?
                                77

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 RATINGS ARE A RESULT OF A 3-STEP PROCESS
 NUMERICAL;  ACOUSTIC
    PARAMETERS
DESCRIPTIVE,  PSYCHO-
ACOUSTIC  EFFECT
CATEGORIZATION  INTERVAL
REFERENCE FOR
ABSOLUTE MEASURE
ALPHABETICAL (A,B,C,  , )
NUMERICAL (I, II ,  ,  ,)
     (100, 90, 80 ,  ,  ,)
SYMBOL (***,,,  ,)
       (N,N,N  , ,  ,)
       (Q,Q,Q  , ,  ,)
TECHNICAL BASIS
CATEGORIZATION
CODINGS
             Figure 1-13
           Rating Process
                  78

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     Table 1-15 presents  a  summary of a possible  scheme  for rating
noise producers In a variety of environments.
     Simple  numerical  coding  Is  used,  to  make comparisons  easy.
Qualitative  explanations  of these numerical values  are shown,  to
make these values meaningful to the lay consumer.
                            Table 1-15
            Example of Explanatory Part of Noise Label
NOISE RATING	EFFECT   	
115 AND ABOVE          USE OF STANDARD HEARING PROTECTION
                       INADEQUATE TO PROTECT HEARING OF OPERATOR
110-115                DAMAGING TO HEARING OF PERSONS EXPOSED
                       TO NOISE WHO ARE IN THE SAME (TYPICAL) ROOM
                       OR WITHIN 450 FEET OF THE DEVICE OUTDOORS
85-100                 SAME EXCEPT 100 FEET
70-85                  SAME EXCEPT 25 FEET
60-70                  INTERFERES WITH NORMAL CONVERSATION
                       OUTDOORS WHEN DEVICE IS WITHIN 4 FEET AND
                       INDOORS WHEN DEVICE IS IN ADJACENT ROOM
50-60                  INTERFERES WITH NORMAL CONVERSATION INDOORS
                       WHEN DEVICE IS WITHIN SAME (TYPICAL) ROOM
50 AND BELOW           (See note below)


Note:  Determination necessary as to the capability of products
       to adversely affect public health or welfare.
                                 79

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Section 3:  Noise Labeling - Graphics

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               SECTION  3:   NOISE LABELING - GRAPHICS
     The  following  discussion  contains one  possible  set of  solu-
tions, Illustrated in Figures 1-14, 1-15, and  1-16, to  the  problem
of designing a label  system which  will  alert and inform purchasers
about the  characteristics  of noise  generators and noise  attenua-
tors.   It  is  an  attempt  to present  the types  of  considerations
necessary in the  development of  the  graphical  requirements  associ-
ated with product noise  labeling.
     The primary objective in such development 1s to  take the con-
cepts of noise rating discussed above,  and to  develop the  graphics
for  a labeling  system which  would be easily seen,  identified,  and
comprehended.

BACKGROUND
     We  are entering  an era of environmental  and  safety  labeling.
Some  labels warn  iis of  hazards,  from  the familiar radiation sym-
bol  and skull and crossbones  to the  less  ostentatious Surgeon
General  's statement on a package of cigarettes.
     Other  relatively  familiar  labels  inform  us - the various
shields   of  the  department of  Agriculture,  for  example,  are  in-
tended  to  guide the consumer  when purchasing meats,  cheeses,
vegetables and other foods.
     Some labels  are new  and  complex,  providing  the  public with
much needed information  about things like emission  controls,  gaso-
line consumption, tire safety and energy consumption.
     All  of these  labels, as  well  as other useful information
which may appear on products or  packages, must compete  with expen-
sive, extensively  researched, and  well-designed  marketing  oriented
graphics, and with  the  whole mass of  visual  marketing  Information
used In  the media.
                                80

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Noise
Rating
     64
Refer to operating instruc-
tions before use. To main-
tain this rating product must
be kept in repair.
60-75
May interfere with TV listen-
ing in a room adjacent to the
device.
Manufactured by:
Cambridge Corporation
Boston, Mass.
Federal law prohibits
removal of this label.
Environmental Protection
Agency.
           Figure  1-14
        Noise  Rating  Label
Noise
Reduction
Rating
35 1
Refer to operating instruc-
tions before use. To main-
tain this rating product must-
be kept in repair.
Manufactured by:
Federal law prohibits /ir\"\
removal of this label. \9K/
Cambridge Corporation
Boston, Mass.
Environmental Protection
Agency.
J
            Figure 1-15
   Noise Reduction Rating Label
                 81

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Noise  Rating  Guide
                          120 Jet at takeoff at 200 ft.
                          '^•w Oxygen torch
                          110 J« flyover at 1,000 ft.
                           1 'w Rock band
                                Inside a subway train with
                                open windows
                                Gas lawn mower
                                Newspaper printing press
 75 and  Potentially damaging to     QQ Central business district
 above  hearing                OW (daytime)
                                Garbage disposal, food blender

                           "7 Q F reeway at 50 ft. from
                                pavement edge
                                TV-audio, vacuum cleaner at 3 ft.

 60-75  May interfere with TV listen-  g Q Heavy traffic at 300 ft.
       ing in a room adjacent to the       E lectric typewriter at 10 ft
       device.

 45-60  May interfere with TV listen-  CQ Urban environment
       ing in a room adjacent to the       (nighttime)
       device.                      Air conditioning unit at 15ft.

 45 and  May interfere with quiet    ^.Q Suburban environment
 below  activities, as sleep              (nighttime)
                                Bird calls

                                Environmental Protection
                                Agency.
                   Figure  1-16
                Noise Rating Guide
                        82

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DESIGN CRITERIA
     The  first problem  then,  is to design a label system which
will  stand  out, overcoming  visual  competition.    This  problem is
particularly difficult  in  the  face  of the  amount of information
and  graphics now .on packages,  and in  consideration  of  the diffi-
culties that might  be faced in causing packagers  to significantly
alter  their  designs.   The  system,  therefore,  should be realistic
and practical.
     The next  problem  to be considered Is  the  amount  of informa-
tion which must be displayed on the label.
     To begin  with, the  noise  label  would actually serve two sep-
arate .but  related  functions.    For  noise  generating devices, they
would have to  announce a "noise rating".  For noise  attenuators, a
"noise reduction rating" must be presented.  For consistency,, both
these functions should be accommodated in a single graphic  system.
     A side issue,  but nevertheless  an important one, is the ques-
tion of whether members of  the  general  public  need  more Information
than  sophisticated  commercial  buyers.    Although  many   purchasing
agents or  plant safety  managers might have  a better  understanding of
rioise  problems than  the average  shopper, a  range of  differing
considerations  would make a  general  assumption  invalid.   Thus, we
concluded  that the labeling  system should  assume almost total
ignorance  on the part of  every purchaser.

CONTENT
     The firstcpiece  of Information  that the label system must
deal with is  the announcement of  whether the  label deals  with
noise generation or  attenuation.
     The next  element  of, concern is  the  specific  rating  for the
item in question.
     Tire question  of  what kind of  rating system to use  is,  of
course, the  major  element  of the label.   Let us  assume that one
can  use numerical  ratings, ranging  from 40 to  120,   for noise
                                83

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generators, and  0  to 40 for noise  attenuators.   The numbers would
be  clearly  displayed,  and  with  the  proper explanation,  may provide
an  effective means for product comparison on  the basis  of  Its
specific noise characteristic.
     The explanation would Include  the  numbers  used  In  the system,
and  an explanation of  the meaning  of  each  which could  be  under-
stood  by the  layperson.  For example,  the label might explain that
"100 is the level  of noise Inside a subway train".   It  may be true
that many  people have never been Inside a  subway  train;  however,
they are  able to  recognize that  the  associated  noise 1s  loud.
     Including  the  rating explanation may not be a  problem  on
large  packages,  or  on  large  devices,  but  1t can  be  a problem with
medium size and  smaller devices  and packages.   (For example, there
are  noise  attenuators  which are basically ear plugs,  packaged  in
containers  befitting their size.)   Accepting the  fact that 6 point
type - which  1s one-twelfth  inches high  -  is about the  smallest
readable type, it  would be Impossible  to get  all  the  Information
we have described on very small packages.
     As a  result of varying product  sizes, consideration must  be
given,  on  a product specific basis,  as to  the extent  of the  ex-
planation   on  the  primary  label   and  the  possible  inclusion of  a
separate "Noise Rating  Guide."
     Several  other  Items  which may  merit  Inclusion  on a  basic
label  surface are  (1)  reference  to  the  Instruction  sheet  or manual
that came  with  the product,  explaining  that  the rating  assigned
to  the product  was  based  on  It being  in proper operating  condi-
tion,  as expressed  In  the instruction  material,  (2) the  name  and
the  location  of  the  manufacturing  plant  and   (3)  an EPA  Identi-
fication,  and a  statement  prohibiting  removal  of the label  before
sale.
                                84

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DESIGN CHARACTERISTICS                                           :
     The  first  design characteristic  to  consider 1s  shape  - the
Information will have to be presented on some  kind of  visual field.
The  shield,  for example,  1s commonly  used  to project an Image of
"official" communication.  The problem Is, however, that because the
shield 1s  so over-used, It  has lost  much  of Its  effectiveness as a
distinctive form.   Stars or  other odd shapes come  to mind as the kinds
of visual formats  which might attract attention.   Such  shapes are very
Inefficient for containing  Information  with the  usable area being
only a portion of  the total  area occupied by the shape.
     In  line with this,  the label  should be visually separated
from the product or package.   It should  have  a high degree of
contrast so that  it  will  be easily seen, and not be confused with
the  manufacturers advertising  messages  or other  Information  on
packages.
     The size of  the label,  therefore,  1s relevant  to both the
Information to be presented, and to the  product or  package on
which 1t will appear.
     PIacement  Is another key  consideration.   The design not only
deals with  the  labels themselves,  but also the  likely  location of
the  label  on the package or  product to  Insure that  1t will be
readily seen.
     Next,  there  is  the  matter of color.   Color can  be an effec-
tive communications tool  If used  properly.   It can help to estab-
lish  contrast  and visibility,  and in certain  applications, to
communicate in  Itself.  A red  traffic  light, for  example, communi-
cates mainly through  color, and is very effective.
     Typography  1s an important  factor in  any design,  but  It has
particular  Importance 1n  this situation.   Whatever  Is done  must
make use  of space most effectively while communicating as clearly
as possible.  Type  selection,  therefore, has to be  very precise.
                                85

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     All  of  these criteria, as well  as the problems outlined  pre-
 viously,  play key  roles in the  development of  a label *s  design.
                                                                T
 DESIGN DESCRIPTION
     In many  ways,  we live  in  a  rectangular world.  The  rectangle
 is  the most  efficient shape  there  is in terms of  information
 handling.   It  can  accommodate the  maximum amount of  type in the
 minimum amount of space.
     To add a slight note of  distinctiveness,  to save frayed  cor-
 ners,  and to make  handling easier,  corners  are  generally  rounded
 off.
     To emphasize the shape  and make.the entire label  a more self-
 contained  image,  a  narrow  border around  the  label  can  be added.
     The  next step  is  to place  the necessary  information  on  the
 field  that has  been created.    The  following  discussion  relates
 to  the  development of the  noise  labels shown  in Figures 1-14 and
 1-15.
     In designing  the heading  for a  label,  the  question which has
 to  be  answered  is  "how  do you most effectively call attention to
 the purpose of  the  label?"   Instead of using gimmicks of any kind,
 the answer is to announce the  label 's  purpose  as clearly and  sim-
 ply as possible.
     The  terms  "Noise  Rating"  for noise  generators  and "Noise Re-
 duction Rating"  for noise attenuators,  are  simple terms.  Through the
 use of Helvetica  typeface, they are  extremely  clear.   It is a  very
contemporary  sans-serif  typestyle  which  has come  to be accepted  as a
 standard of clarity around the  world.        '
     The next major  piece of information - perhaps the most impor-
tant on. the  entire label -  is  the rating  itself.   This should be.
displayed in very large  type -  again using the same  clear and  easy/
to read typeface.
     Continuing wHh the design  of the  noise  labels  in  Figures
 1-14 and  1-15,  rules were used to  separate the  different informa-
tional  elements.   These rules  add to  the  boldness  of  the*; overall
image and, at the  same  time,   alert the  reader to  the  fact   that
there are  separate messages  to  be  read.
                                86

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     After ,the rating  number,  there appears a brief statement
explaining the meaning  of  the  rating appearing on the  label.   The
reference to  the  operating Instructions  may be  the  next piece  of
Information.
     The  same standard typeface should be used to Identify  the
manufacturer  and  his  location and  probably a product  identifica-
tion.   The use of trademarks here  should be avoided,  since  they
only add  visual  clutter to  the  label  and  create design problems.
     The  EPA  symbol  1s used  along  with the  agency's  identifica-
tion.   It should  be  noted that the  use  of the  symbol  1s  not  in-
cluded as a major component of the  label because 1t might  be  mis-
leading.   Although 1t  is  very pertinent  to the natural  environ-
ment,  It  does not  telegraph anything relating  to  noise or  noise
control,  and  could therefore distract the  reader from  the  princi-
pal message.
     Again  using the standard typeface,  the prohibition hot to
remove the  label  prior  to  purchase  1s placed  near the EPA  Identi-
fication to add to the authority of the prohibition.

NOISE RATING GUIDE
     The  explanation of the  rating system  might  appear  in a separ-
ate  "Noise Rating  Guide" which may  be required as a separate sheet
packed  with  the  product,  or  as  an  inclusion in the  instruction
manual.   The  various ratings  should be  prominently  displayed,  and
their  meanings and effects closely related  to them, so that there
is  no  confusion  as  to  what  explanations  relate to what ratings.
Copies  of the noise  rating  guide  might also  be  designed for dis-
play at retail sales outlets.

LABEL  TYPES
                                                                • ' j -.
     The  label can be of several  different types dependent on
whether  It  Is to  be  affixed directly to the  product  or its pack-
aging  and whether  1t Is  to be  permanent  or temporary  (to  be  re-,
moved .after purchase).   The "stick-on" label  Is  probably the  most
                                 87

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common  form,  followed closely by the  "hang  tag" type.  Labels can
also  be directly printed  on  the product  packaging  or molded into
the  product itself,  provided that the  design considerations dis-
cussed above are incorporated.
     The  label  might  appear  In either  white with  black  or black
with  white type,  depending  on  which format  provides the  highest
measure of contrast with the basic  package.
     For  noise  generators  which produce*  uncomfortably  or  danger-
ously high  levels  of  noise, the label could be  required in  red and
white instead of black and white.

PLACEMENT
     On packages, the  noise rating  label  should appear on the main
(primary) display panel or panels.
     To  help  make sure  that the label  is not  lost  on  the panel,
it might  be  required  that It be lined up with at least one  edge of
the  panel  and that there  be a  distance  of no  less  than  l/8th of
the  label 's  height between  the label and the  edge  of  the panel.
     Specifications on the size of the  label  with  regard  to the
overall  panel  size,  should  be  determined  on  a  product  specific
basis.

EDUCATION
     The  system's  ultimate success,  as  would  be  true of  any de-
sign,  depends  in  great measure on the  educational  materials and
publicity which  surround its Introduction  and  use.
     Through posters,  folders,  advertisements,  TV  commercials and
other  public awareness  programs, the  public  can be alerted to
the use of noise ratings.

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Section 4:  Rating Schemes for Noise  Producers

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           SECTION 4:  RATING SCHEMES FOR NOISE PRODUCERS
      Certain restraints limit the range of choice  for a rating
 scheme  to be used In connection with a  Federal  noise  labeling  pro-
 gram.   Some  of these restraints are  determined by the  acoustical
 nature  of the  kinds  of  equipment  likely to be  labeled;  others  may
 depend  on the noise ratings already selected by other groups,  such
 as  the  national or international standards organizations or equip-
 ment manufacturers ' associations.
     This  section considers  (1) the  nature  of  the noise sources
 likely  to come  under Federal  noise labeling  regulations;  (2)  how
 sound  behaves  in  different  kinds  of  space  according  to  accepted
 textbook  acoustical  theory,  (3) typical  user distances and label-
 noise-rating  categories  and  (4) some  possibilities for  a rating
 scheme.

 ACOUSTIC CHARACTERISTICS OF PRODUCTS
     We begin by  looking at the typical  noise spectra of the kinds
 of  products  that might  be  labeled.  In  particular,  we are inter-
 ested in  which octave  bands of frequency,  for each type  of pro-
 duct, dominate  the A-weighted  sound level.   We  next  consider  the
 acoustical characteristics  of the  kind  of space  In  which the pro-
 duct is typically used, whether outdoors  or Indoors, and if  Indoors,
whether 1t 1s an acoustically "live" or "dead" room.
     It turns out  that these  matters have a  strong bearing both on
 the selection of  a noise rating scheme  for  labeling equipment and
on the procedure for measuring product noise.
     A  recent  study by  EPA evaluated  various  alternative  strate-
gies  for  noise abatement  [4].   A  number of appliances  and  other
household  products  were  assessed  In  terms  of  the  noise exposure
for people who  use the  product (primary exposure) and  for others
fn nearby areas  (secondary  exposure).    On the  basis of their
                                89

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effective  Leq(24)  certain  products  surfaced as  potential  candi-
dates  for  labeling.   These products are  listed  In Table  1-16  to-
gether  with the  octave band  of  frequency  that  dominates the A-
welghted sound level,  the  kind of  space 1n  which  the product Is
generally used, and  the type of  acoustical radiation  that  dominates
the noise of the device.
     It can be seen that,  partly because there 1s  strong  discrimi-
nation  against low frequencies in the A-we1ght1ng but  also because
the noise of many of these products Is  Intrinsically strong  In  the
high frequencies,  the A-weighted sound  levels for  these appliances
are  determined largely  by  frequencies  of  500 Hz  or higher.   The
products are about equally divided according  to  the kind  of  space
in which  they   are typically  used,  and no  one  kind of acoustical
radiation 1s In the  majority;  all must  be  considered.   (Monopole
sources tend to behave one way; dipoles and  quadrupoles,  another.)

HOW SOUND BEHAVES

Sound Power Level  vs Sound Pressure Level
     Two  basic properties of  the noise  from a source  have been
proposed  for  use  1n  rating  schemes:    sound  power level  and  sound
pressure  level.    Since  the  use of  each  has  advantages  and dis-
advantages, the acoustic community is  sharply  divided as to  which
1s most appropriate for product labeling.
     The  advantage  of sound  power level  as  a  noise  rating for a
source, according  to the  "sound power" proponents, is that it  is
fixed and  unchangeable.   It  is said that,  if the  sound power  level
for an  appliance  1s  known,  the sound  pressure level  at  any  loca-
tion  can   be  calculated without much  difficulty.   However,  this
"fixed and unchangeable" claim is valid only under certain  limited
conditions.
                                 90

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                             Table 1-16

        Noise Characteristics of Indoor Household Products
Product
Humidifier
Floor Pan
Dehumidifier
Window Fan
Air Conditioner
Toilet
Dishwasher
Vacuum Cleaner
Pood Blender
Electric Shaver
Pood Disposal
Home Shop Tools
Dominant Octave Band
in A-weighted
Sound Level
500 Hz
500 Hz
1000 Hz
500 Hz
250-2000 Hz
1000 Hz
500 Hz
2000 Hz
2000-4000 Hz
4000 Hz
2000-4000 Hz
2000 Hz
Where
Used*
D
D.
L
D
D
L
L
D
L
L
L
L
Type
of
Source*
D
Q
D
Q
D
M
M
D
M
M
M
M,D
*L
 M
     Live room (A * 30 to 70 sabines):  bath, kitchen or workshop;
     Dead room (A • 100 to 400 sabines); living room or bedrooms.
     monopole (or simple) source; D = dipole, Q = quadrupole.

Note:  The octave-band noise spectra for average examples of these
       products are given in Appendix A (of Part I of this docu-
       ment), along with the same spectra to which the A-weighting
       has been applied, in order to show which octave band
       dominates the A-level.[5J
                                 91

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     The  disadvantage of  sound power  level  as  a  noise  rating  1s
that  the  human ear does  not respond to sound  power,  but rather  to
sound  pressure.    It  Is possible, for  example,  to  make  up  a  table
of  the effects of  noise  on people  In  terms of  sound  pressure  (or
sound  pressure level),  but  not  In terms of sound power.  The reason
1s  that,  although  the sound power of a source  may  be constant,  the
effect of  the  noise on people  depends  on  how close they are to  the
source.*  Near the source, the sound pressure 1s high and the effect
of  the noise  may  be severe; as  the distance  from the  source  In-
creases,  the  sound pressure decreases  and any  adverse  effects  are
diminished; in fact, at great distances the sound will not be audible
at all.
     The principle  advantage of sound  pressure  for rating purposes
1s  the direct  relation  this quantity bears  to  the  human effects  of
the noise.   The disadvantage  is that  it  is not a  fixed quantity;
1t  depends  on such  factors as product geometry,  use  environment,
and distance  from  the  product.   As an  example, one  manufacturer
may rate  his  product 1n  terms of  the sound  pressure  level  at  a
distance of 3  ft,  and  another  manufacturer might rate  his  equally
noisy  product  with the  sound   pressure  level  at 4  ft and  claim  a
better noise rating.
     A possible  solution  Is to report  the sound pressure level  at
a standard reference  distance from the  source/preferably a  typical
user distance.   The selection of a typical  user distance for  differ-
ent kinds of products,  however, is currently a  matter  of consider-
able dispute  among noise standards  groups.   The various arguments
that figure  in this  dispute are the  background against which  the
choice of a rating scheme for labeling must be made.
*S1milarly, although the  wattage  of a light bulb may  be  fixed,  the
 brightness (which  our eyes  respond  to) is greater  closer to  the
 bulb than far away.
                                 92

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     Unfortunately,  without  a  certain amount  of technical under-
standing about  the behavior  of sound  sources, seriously wrong
choices  might be made.  The  following  discussion presents the
essential technical  points to be considered.
RELATION BETWEEN SOUND  POWER AND SOUND PRE.SSURE IN  VARIOUS
SITUATIONS

Sound Outdoors
     Sound power refers  to  the rate of generating acoustic energy
- i.e.,  the total  amount of  acoustical energy  radiated  by the
source per  second.   It  is  measured in watts.  Sound  power  level
(Lw) is the same quantity expressed in decibels*  (dB) with respect
to the standard reference power of lO'l2 watts.

                  w               w
     Lw = 10 logio TJ- = 10 loqio    ig • 10 logio + 120     (1-1)
where W  is the  sound  power of a  source  in watts, and  Lw  is the
corresponding  sound power  level  in dB  re  10'i2 watts.   Doubling
the sound power increases both the sound power level and the sound
pressure level  by 3 dB  (see  below).
     The sound power  accounts for all  the sound energy leaving the
source in  all  directions.    If we  imagine the source as suspended
1n free  space,  the  same amount of  sound  power would pass through
a 1-ft (imaginary) sphere surrounding the  source as  through  a 10-
ft sphere.   The  power  per  unit  area, however, would  be less for
the  larger sphere  because the  same  amount of sound  energy is
"spread  thinner"  over  the greater  surface area of the  larger
sphere.    The  larger  the  sphere  (i.e., the  farther  away from the
source),  the thinner the total  energy must  be  spread.   This pro-
      accounts  for the   decrease of  sound  pressure   (which  is what
*The decibel scale  is a logarithmic scale  that compresses  the
 enormous  range of  sound power  and sound pressure values  that
 °ccur  1n  the environment into  a more conveniently manageable
 range.   The reference quantity should always be  stated  to avoid
 misunderstanding.
                                93

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the  ear responds to)  with increasing distance  from the  sound
source.   Sound  pressure is measured as a  force  per unit  area,
usually in newtons  per square  meter (N/sq  m).   Sound  pressure
level  is  the  same quantity expressed in  dB  but  referenced  to the
standard quantity of  20   N/sq m:

     Lp •  10  loqio j| = 10 logio ||  =  20 logiQP -  26,     (1-2)

where  p  is the  sound  pressure at  a  certain location in   N/sq m
and  Lp is the  corresponding  sound  pressure level  in  dB  re  20
N/sq m.   Doubling the  sound  pressure increases  both the  sound
power level and  the sound pressure level  by 6  dB.

Sound Source Out in Space
     In free  space  (for  practical  purposes   this  means  outdoors,
away from  reflecting  surfaces),  sound pressure  level   and  sound
power  level are related [6J as  shown by line  A of  Figure  1-17.
Line A  corresponds to the equation

                                                         d-3)

where W is the  sound power of the  source in watts,  z is  a quan-
tity called  the  characteristic acoustic  impedance of the  air
(400N"sec/m3)  Q  represents  the  directivity  of  the source  (1  for
a point source,  3  for  a dipole  in  the  axial  direction),  and  r  is
the distance  in feet from  the  center  of the  sound  source (assumed
to be  small,  essentially a point).   The decibel  equivalent  of
Eq.  1-3 is
     Lp = Lw + 10 'logio jj- + 10,                       (1-4)

where Lp  is  the  sound  pressure  level  in dB re 20   N/m2  and  Lw 1s
the  sound power level  in dB re  10*12 watts.   The sound source
1s assumed  to  produce  a sound power  of 0.01  watts, corresponding
(see Eq.  1-1)  to a  sound power  level  of  100 dB re  10~12 watts.
Note that  the  sound  pressure  level  decreases  at  the rate  of  6 dB
for each doubling of distance from the  center of the  source.
                                94

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                                                         Lp-Lw + 10log  I—2__\ +1Q
                                                                       \ 4*r  /
                                                         with Lp in dB re ?.
                                                         and Uu in dB re 10'12 wans
                                                         With W - 0.01 a; and Q - 1, the
                                                         sound pressure level equals the
                                                         sound power level at a distance
                                                         from the center of the source of
                                                         0.39 feet (- 10.7 in.) (Curve A>,
                                                         .outdoors.
50
  0.1
0.2   0.3
1        235      10

  Distance, r From Point Source (ft)
100
                                   Figure 1-17
                           Behavior of Sound Outdoors
        Sound Source Against a Reflecting Surface
             Suppose the source were  resting on the hard ground  (or  against
        a  reflecting  surface), Instead  of  up 1n  the air,  and  were  still
        radiating an amount  of sound  energy W = 0.01 watts.  The radiated
        energy would be spread over only a  hemisphere Instead of an entire
        sphere.   This change  In directivity of the source Increases the value
        of Q  to 2 and doubles  the value  of p2 (Eq. 1-3), corresponding to a
        3-dB  Increase In sound pressure  level (Eq. 1-4).   This behavior  1s
        shown  by  Line B  1n  Figure  1-17.  The sound pressure level again drops
        off at 6  dB  per  doubling of  distance.
             In  fact, the  sound energy  radiated by  real  sound  sources  j_s
        actually  changed by  the presence  of  a  nearby  reflecting  surface,
        such  as  the ground  [7^8].   Many  real-life sources behave  like
        "constant volume-velocity   sources"   (meaning  that   the  motion  of
       the vibrating  surface of  the  equipment 1s unaffected   by the
                                      95

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 surrounding);  for such  sources,  the  sound  power 1s  doubled  when
 the  source  Is  moved  directly  against  a large,  rigid  reflecting
 surface.   In this case,  the source and Its reflected Image exactly
 coincide and the  energy of the source Is added to the energy of Its
 reflected Image, exactly in phase,  so the  sound power is 0.02 watts.
 Therefore, in addition to the 3-dB Increase in sound pressure level
 due to the changed directivity of the source when placed against the
 ground, there is  another 3-dB Increase, because the presence of the
 ground doubles  the power output.   This behavior  1s shown  by Line C
 in Figure  1-17;  Lp  in  this  case  is 6 dB higher  at  all  distances
 than with the source  "out in  space".*
     If  the   source  were  moved away  from the reflecting  surface,
 the source  and its  Image  would  not coincide and  their two energy
 components would  combine less effectively, with  a time lag.   When
 the  source   is  more  than  about  a sound  wavelength  away, the  re-
 flecting surface  has little effect  on the  radiated  power.   This
 is generally referred to  as the "far field."
     Other  types of sound sources  (some kinds  of  fans, for  ex-
 ample), react to  the presence  of a nearby reflecting  surface  with
 a  decrease   of  output [£];  this  change  could effectively  cancel
 the increase due to the directionality  of the sound   from  the
 source.
     In general,  then,  it  is clear  that  the sound power level is
 not "fixed and unchangeable".

 Sound Indoors
 o    Sound Source Out in Space
     Sound from  a source  out in the center  of a room behaves, 1n
 the region very  close  to  the source, just as  it  behaves  outdoors.
 The room  boundaries  are  so  far  away  that  they  do  not  Influence
*An even  greater change, both  In  source directivity  (+6  dB)  and
 power output  (+6  dB), occurs  when  the source  is  moved into the
 right-angle corner  between the  ground and  a  large wall,   and
 still a  greater change (+9 dB  In  both cases), if  it is moved
 into  a  trihedral  corner   (right-angle   Intersection of three
 planes).   Here, we  confine our  discussion   to a single plane
 reflecting  surface.
                                96

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the  local  sound  behavior.    As  the  observation  points  move  away
from  the source,  the  sound  pressure  level  decreases, just as  1t
does outdoors, at 6 dB per doubling of distance.
     Indoors,  however,  the  sound energy  from the  source  1s  con-
fined by the boundaries of the  room;  1f  there  were no sound absorp-
tive material at all In the room, the  sound energy would continue  to
accumulate Indefinitely, leading to higher and  higher sound  pressure
levels.  In  fact,  however, some  sound absorption  1s  always  present,
and  the  sound pressure builds  up only to the point where as  much
energy 1s being  lost  to the sound absorptive  room boundaries as  1s
being supplied by the source.  The more  sound absorption 1n  the  room,
the lower the built-up sound pressure  level.
     The behavior  of sound  Indoors,  thus,  Is different  from  out-
doors.   Near  the  source (the  so-called  "direct  field"),  the be-
havior  Is  like  outdoors;  the  sound  pressure  level  1s  determined
by the sound power  of the source,  the directionality  of the source,
and the distance of the observer from  the source.   The sound pressure
level decreases with Increasing distance  from the  source (at 6 dB  per
double distance),  until  It equals the level of the built-up sound
confined in the room.   Beyond that "equalpoint",  the  sound  pressure
level is no longer determined by the direct field, which continues to
decrease with Increasing distance.
     Instead,  In  the  region  beyond the  equal-point  (the so-called
"reverberant  field"),   the  sound  pressure level  Is more  or  less
the same everywhere;  It Is  due  to the  accumulated confined energy
and  1s  determined  only by  the  sound  power  of the  source  and the
amount of  sound absorptive  material  1n  the room,  not by the  dis-
tance  from the  source or  the  directionality  of the sound  from
the source.
     This  two-region  behavior  Is Illustrated  In Figure  1-18 for
three  rooms  containing  different amounts  of  sound  absorption.*
*Sound absorption  is measured 1n  sabines:   the symbol  Is  A.  One
 sabine  1s  roughly  equivalent  to 1  sq ft of  open window through
 which incident  sound  is assumed to  pass  and  be lost to the  room.
 A 4-sq  ft patch  of material  that absorbs just half the  Incident
 sound energy  1s  said  to have  a sound absorption coefficient of
 0.5 and  to  contribute 2 sabines  of  sound absorption to the  room.
                                 97

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                                                               100dB.  Q= 1    A = 30
       with Lp in dB re
       and Lw in dB re 10"12 warts
50
         0.2  0.3
0.5
1        235       10
  Distance, r From Point Source (ft)
20   30
                                                                         50
                                                             100
                                  Figure 1-18
            Behavior of Sound Indoors, Sound Source Out in Space
      The  upper curve corresponds to  a very  "live" room, containing
      only 30  sabines (units  of  sound  absorption)  which might  be  typi-
      cal  of  a  bathroom  where the  sound absorption  might  be  25  to  45
      sabines).   The second  curve  1s for a  room with 70  sabines,  typi-
      cal  of  a  kitchen  where sound  absorption  ranges  from about  50  to
      75 sabines.  The third  curve  1s  for a  living room with 300 sabines.
      Living rooms and bedrooms, which are usually more heavily furnished
      with absorptive furniture and materials than other rooms, are rather
      "dead",  acoustically;   typical  absorptions  range from  180 to  500
      sabines.    The  lowest  curve  represents  the level  of direct-field
      outdoor sound, which is masked by the reverberant sound at distances
      greater than about 5 ft.

                                       98

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     The curves of Figure  1-18 correspond to the equation

           =  Wz
The  first term  is  the  direct  sound,  already  encountered  in  Eq.
1-3  in  the  discussion  of sound behavior outdoors; the second  term
accounts  for  the reverberant sound  in  the room.   If the  absorp-
tion  in the  room  is  very  great,  the  second term  tends  to  zero,
and  the  sound behaves  as If  it  is outdoors;  if the distance  from
the  source  is very great,  the first term  tends to  zero  and  the
reverberant sound  dominates.   The decibel  equivalent of  Eq.  1-4
is
     Lp =  Lw + 10 log    —   -  +      +  10 •           (1-6)

Note also  that  the  boundary between  the regions of the direct and
the  reverberant  sound  fields,  where  the  curve levels  off, lies
somewhat nearer the  source  for a live  room  than  for a dead  room;
when there is  lots  of sound  absorption  in a  room,  the  "outdoor
behavior"  persists to greater distances.*

0    Sound Source Mounted  in Hole in Wall
     Suppose  now  that  the sound  source  (for example,  a window
fan) is mounted in  a hole  in  the wall,  so  that  it radiates half
*ts energy  outdoors  and  half  Indoors;  in this case,  there is no
reflected  image  of the source.
*Acoustics textbooks  sometimes point  out the  fact that  in real
 rooms- the  sound  level Is  not always so  uniform  as Is indicated
 *>y the horizontal portions of the curves  at the  right  of Fig.
 1-18 and  1-19.    Indeed,  It  is  true  that for narrowband sources
 there will be  fluctuations  of sound level (up to  +5  dB for pure
 tones)  around those curves as averages  in the  reverberant  sound
 field.    However,  for broadband noise  spectra, for  which  the
 use of A-welghted  sound  levels is appropriate, such fluctuations
 are negligible.   If  pure  tones, which  would tend to increase
 the spatial  fluctuation  of the  sound  level, are  present, they
 would also disqualify  the  use of  the A-we1ghted  sound  level  for
 rat1ng  the noise.

                                99

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     Viewed  from  outdoors, the  effective  sound power is  half the
original  total  sound power:   W  =  0.005 watts, Lw  =  97 dB.   Be-
cause  this  energy  is  radiated  into  only  half a  hemisphere,  the
directivity is  doubled  (Q = 2),  as when the source was  resting on
the  ground in  the example above; but halving the sound  energy
corresponds  to  a  decrease  of  3  dB.    The  net result is  that the
sound  outside the  building behaves just as  In free space,  accord-
Ing  to Line A  of  Figure 1-17; the presence  of the building makes
no difference.
     Inside the room,  the sound power is  also 0.005 watts,  and
Q  =  2, so  the  direct  field sound pressure level will be  the same
as outdoors (Line A of Figure  1-17) and  also  the same as the lowest
curve of Figure  1-18.   However, halving  the energy radiated into the
room  decreases  the reverberant sound pressure levels by  3  dB;
doubling  the  directivity  does not compensate for  this  decrease,
because the directivity  of the source  has no effect on  the rever-
berant sound pressure level  at  values 3  dB below the values shown In
Figure 1-18.

o      Constant-Volume-Velocity Sound Source  on the Wall  or Floor
     If, instead of being mounted In a hole in  the wall,  the source
is entirely within  the  room and  against a  hard room boundary,  the
radiation is  once  more  into a hemisphere,  so  Q =  2; but  now the
source again coincides  with its reflected image, and the sound power
is doubled:   W = 0.02 watts and Lw = 103 dB.
     The direct  sound  field (indoors or outdoors)  behaves  accord-
ing  to Line C  of  Figure  1-17;  it lies 6  dB above the  curve  for
"source out in space" at all  distances.
     The curves in Figure  1-18 of the reverberant field  sound
pressure level  for the  three  rooms now lie 3 dB  higher,  because
twice  as  much energy is being radiated into the  room.   This  be-
havior  for  "constant-volume-velocity  source against a  reflector"
is shown  in Figure 1-19;  this  figure,  for  the "source  against  a
reflector",  should  be  compared  with  Figure  1-18  for the  "source
out in space."
                               100

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                                               W-0.02W, Lw = 103 dB, Q - 2  A = 30
                     /  Q    4 \
        Lp- Lw + 10log  I	-+ —I-MO
                     x 4 rr r   A '
      with Lp in dB re

      and LW in d8 re 10'IJ wans
60
                                                        20   30    50     100
                              Figure 1-19
            Behavior of Sound Indoors, Constant-Volume-
            Velocity Sound  Source on Reflecting Surface
                                  101

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     Again, for the two live rooms, the sound pressure level equals
the sound power level  within 2  1/2 dB,  provided  that the sound power
was actually measured with  the source  against a reflector, so that
the energy doubling 1s properly taken Into  account.

o    How Close Is "Close"?
     The  discussion  so far  has assumed small  "point"  sources  and
the possibility  that  when a source Is "on"  a  reflecting surface,
It virtually  lies  1n  the surface  and  coincides with  Its reflected
Image.   This assumption  1s  the theoretical  requirement  for hemis-
pherical directivity and  energy-doubling when a source lies against
a reflecting surface.   Actual noise makers  have  finite size, however,
and the effective source of  the sound cannot be  placed directly on a
reflecting surface.  The  question  thus arises as to how close such
real  sources  must be  to  a reflector  1n  order to  realize  the  In-
creased directionality and energy doubling  discussed above.
     Figure 1-20  shows  the  variation  in  sound power output  for  a
single  frequency,  as sound sources  of  various  types are  moved
away  from a large reflecting surface.   Figure  1-21  shows that
the behavior  1s  not  much  different  for  broadband noise spectra.
These  theoretical   results   have  been  experimentally  verified  by
measurements of  the  reverberant sound levels  in  a  reverberation
room.    Note  that the power  output  drops off  rapidly  as  the source
moves away  from  the  reflector:   For  monopole sources,  when  the
separation 1s  1/4 of  a   wavelength (1/4  ),   the  power  1s  down  to
the "out  In space" value; at  about 1/3-wavelength separation,  the
power has  fallen considerably  below  Its   normal  value.    When  the
separation exceeds  a  wavelength,  the  sound  power  has  essentially
Its "out In space"  value - I.e., W/WQ » 1.
     The  levels 1n decibels  on Figure  1-20  refer  to the  sound
power level relative to the  value with  the  source directly  on
the reflecting  surface;  the  reverberant   sound field 1n  the  room
would follow  these levels,  as the source  Is moved away  from  the
surface.   For the  reverberant sound  pressure  level  to  be within
                              102

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          2.0
          1.5
     W/W0 1.0
          0.5
  \\  /
   \ y      \  Dipole
    \ /\     \ Axis Parallel to Wall
     A\     x
     \ \     \   ^—^ /
                                                 N
                         Monopole     Dipole
                                    Axis Normal to Wall
                                                    •12d6
                                                     1 d8
                   0.2
            0.4
0.6     0.8
1.0
                      Distance of Source from Wall
                      (Wavelengths, x/ M

                         Figure  1-20
         Variation  in Sound Power Outputs as  Source
              is Moved Away From  Reflecting Wall
           w/w,.
                2.0
                1.6
                1.2
                                          I   J
     A
0 8 U Assymptote
     Forx/X»1
       '  .' '
                                   Octave Band
                                  1 - 1 - 1
                         0.2
                  0.4

                  x/\
      0,6     0.8
                         Figure 1-21
        Behavior of Sound Source Near a Reflecting
Surface.  Not much  changed by averaging  over  frequency,
                               103

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 1  dB of  the "source  on  surface" value,  the  source must  be  at a
 distance  less than  1/5-wavelength  from  the  surface.   The direct
 sound  field, however,  is affected  by both  the energy  output of
 the  source  and its  directivity;  the  changes  in direct-field sound
 pressure level would therefore  be twice as great.   For the direct-
 field  sound pressure  level  to be within 1 dB  of the  "source on
 surface"  value,  the  source must  actually  be within  1/10  of a
.wave-length of the surface.
     Note that these observations have  implications for the steady-
 state test method that measures the absorption in a room by compar-
 ing the nearfield sound pressure of a  small  source with the farfield
 (reverberant) sound  pressure, with the distance from the source for
 the near measurement carefully fixed.   The assumption underlying the
 steady-state  method  is that  the  difference between  nearfield and
 farfield pressures depends only upon  the amount of absorption in the
 test room, once the method is calibrated by decay measurement of the
 absorption for one room's  conditions.
     We have  just seen, however, that the direct-field  and rever-
 berant  sound  pressures depend in different ways  upon the distance
 of  the source  from  the   nearest  reflecting  surface.   Therefore,
 the  nearfield-farfield difference,  for  a given  room  absorption,
 also  depends  on  the distance  of the  source  from  the  reflecting
 surface.  Not only must the  distance  from the source be carefully
 controlled for the  near measurement,  but  also the  distance of the
 source  from large  reflecting surfaces  must  be kept  the  same as
 for  the calibration  of the  method.    The safest  procedure  would
 be  to  keep  the  source well  "out in  space", away from any  room
 boundaries.
     Returning to  the kinds  of equipment likely to  be  subject to
 EPA  labeling,  it  is  of  interest  to determine the  separation  from
 a  reflecting  surface  corresponding  to 1/10-wavelength  for the
 octave  band  that  governs  the A-we1ghted  sound level.   Only if the
 effective center  of the  sound  source  of  the  equipment  Is  located
 this close  or closer  to   a  surface  will  the  hemispherical  direc-
 tivity  and the  energy-doubling occur.   Table  1-17 gives those

                                104

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                             Table 1-17
        Separation Distances "Close" to a Reflecting Surface
                      and "Out In Space",  (ft.)

       Product          "Close to Surface"         "Out 1n Space"
   Humidifier                  1.7                        27
   Floor Fan                   2.7                        27
   Dehum1d1f1er                1.35                       13.5
   Window Fan                  2.7                        27
   A1r Conditioner          0.6 to 5.4                  6  to 54
   Toilet                      1.35                       13.5
   Dishwasher                  2.7                        27
   Vacuum Cleaner              0.6                        6
   Food Blender             0.3 to 0.6                  3  to 6
   Electric Shaver             0.3                        3
   Food Disposal             0.3 to 0.6                  3  to 6
   Home Shop Tools             0.6                        6
 separation  distances  within which  power  doubling  occurs  (Figure
 1-19)  as  well  as the separations beyond which  the  source Is effec-
 tively  "out 1n space"  (Figure  1-18).   It Is clear  that  these pro-
 ducts will hardly ever be used In such circumstances that hemispher-
 ical directivity  and  energy-doubling will  occur.  Even in  the case
 of  vacuum cleaners  and  lawn  mowers  that necessarily  operate against
 a surface,  the surface  1s highly sound absorptive 1n  the frequency
 range that governs the A-welghted sound level.
     Note that for low  frequencies it  may be  Impossible  for  in-
 door sources  to get  far  enough away,  from  the  room boundaries  for
 the  energy-boosting effect  to  disappear  entirely.   It 1s  often
 found  that  the low-frequency  sound power  output of  a  product Is
 substan tlally different  when  measured  outdoors  (or in  an  ane-
Cho1c room)  than  when measured  in  a  reverberant room.   This  dif-
ference represents  a -true  difference  1n  sound  power output,  due
to  the  reaction  of the  room upon  the source.    The difference

                              105

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may  be positive or  negative,  depending on  whether  the source  Is
of  the  "constant-volume-velocity"  type  (more  power  indoors)  or
"constant force" type (less power  Indoors).
     At  high  frequencies,  however, where  the wavelength is  small
compared to  the room dimensions,  so  long  as we  confine  ourselves
to  broadband  noise  sources  (no  prominent  single tones), there  is
no  significant  room  reaction on  the source at distances more  than
a wavelength or so from the  boundaries.  In other words,  the acous-
tic  impedance  presented to  a broadband  source,  in  a room  whose
dimensions are large  compared to the wavelength, 1s the same  as that
encountered outdoors.

o    Inherent Directivity of  the Source
     The discussion  so  far has  assumed a monopole  ("simple"  or
"point")  source that  radiates  sound  equally in all  directions,
so  long  as  1t is "out in  space";  for  such a  source,  the  intrinsic
value  of  Q  is  1,  and this  value  changes  only when the source  is
near a reflector.   Sound sources of higher  order (dipoles  or  qua-
drupoles, for example) have  an intrinsic directivity:   for  a  given
sound  power,  the  sound pressure  at  the user *s ear depends on the
direction in  which  the source  is pointing;   the  reverberant-field
sound  pressure,  of course,  is  the same as  for   a monopole  source
of the same  power.*
     For such a sound source, the horizontal  portions  of  the curves
at the right of Figure 1-18 would always be the same,  as  shown, but
the direct-field portion of the curve  would move  up or down, depen-
ding on whether the beam of the source Is pointed  toward or away from
the observation point.
     In  practice,  therefore, this  difference is  of  concern  only
for  equipment  for which  the  typical  user's location  is  In the
direct field -  I.e., equipment that  Is  hand-held  or  operator-
attended.   Such products are  typically  moved  about in  use,  so
*Gosele has studied a variety of hand-held products and  has  deter-
 mined  that the  large majority represent  source types between
 simple monopoles  and  di poles [HI].
                               106

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that  the  sound  pressure  at  the  user's  ear  Is  sometimes  greater
and sometimes less  than  the average.   Thus,  for noise-rating pur-
poses,  we can  assume that the effective sound  pressure,  as  1t
affects the user,  Is approximately the same  as  for a monopole
source  having  the  same  sound  power,  and we  can continue  to  use
monopole curves  such as those of Figure  1-18.

o    General Curves Relating Sound Power Level and
     Sound Pressure Level
     Figure  1-18  Is not  a very convenient  form for  general  use,
because (1n order to simplify the earlier  discussion) It was plotted
for a  specific  value  of  sound power level, Lw  = 100 dB  re 10~12
watts.  (The same 1s true of Figures 1-17 and 1-19.)  Therefore,  we
have replotted  Figure  1-18 1n  general  form In  Figure 1-22,  which
shows on  the vertical  scale the difference between  the sound pres-
sure level  and  the sound power level.  So  long  as  the sound power
level  1s  measured with the  product  1n a  location with  respect  to
reflecting surfaces that  are typical  of  actual use, Figure 1-22 will
give  the  correct sound  pressure  level.   No assumption 1s  needed
about  the  effect  of  nearby  reflecting  surfaces  on  the  relation
between sound power  and  sound pressure, because  those effects con-
cern  only the   direct  field of the  sound source; the sources  for
which the user's ear  will  be  In the  direct field are  not  likely
to  be  used  "close"  to a  reflecting surface,  as  defined  earlier.

TYPICAL USER DISTANCES  AND LABEL-NOISE-RATING CATEGORIES
     We now consider typical user distances for the  various kinds
of  products likely  to be  labeled.   Such  products  fall  Into three
categories:
     A.     Products used on or  about the  head, such  as the various
          electrical  grooming devices;
     B.   User-operated  tools  that are  hand-held  or controlled
          within arm's  length;
     C.   Fixed  equipment that Is not operator-attended.
                                107

-------
    10
    •10
CO

J  -20
    •30
    -40
    -50
                    10log   (	;
                           \ 4 TT r
     with Lp indB. re20MN/m:
    .and Lw indB re 10"11 watts
01
02  03    0.5
                                 1       235       10

                                 Distance, r From Point Source (ft)
                                                             20   30    50      10f
                                   Figure 1-22
                    Behavior of Sound Indoors, Sound Source Out
                1n Space:   (Difference Between Sound Pressure Level
                              and Sound Power Level.)
             For products In  Category A, the  user is  always  1n the direct
        sound field;  for Category C, the Indoor user is practically always 1n
        the  reverberant field, while  the outdoor  user 1s usually far enough
        away that the question  of  labeling 1s of  little significance.  For
        Category B,  the indoor  user is  1n the  transition  region between
        direct and  reverberant fields; but,  as can be seen from Figure 1-22,
        at distances  from 1  ft and an arm's length, the sound pressure level
        at  the user's ear  is nearly  the same as  in  the reverberant field.
                                        108

-------
     Further Inspection of Figure 1-22 reveals that, so far as the
sound  pressure  at  the user's  ear  Is  concerned,  practically all
equipment falls  Into only  two label-noise-rating categories:
     1.    Products  for which the sound pressure  level  is about
equal  (+2  dB)  to the  sound  power level; this includes Category A
and all  of Categories  B  and C that are  used in "live" rooms, such
as baths, kitchens and  workshops.
     2.    Products  for which the sound pressure  level  is about
8 dB  (+2 dB) lower  than  the  sound  power level; this includes all
outdoor  products  in Category B  and  all  indoor  products  in  Cate-
gories B and C  that are used  in "dead"  rooms,  such  as living  rooms
and bedrooms.
     Table  1-18  indicates the typical  user  distance category for
the  kinds of products considered  earlier  and shows the  label-
noise-rating category that would be appropriate.
     For all  products  in Label-Noise-Rating Category 1,  the num-
ber that appears  on the  label  would be  the sound power level; for
equipment in Category 2, the  number on the  label would  be the
sound  power  level  minus  8 dB.   The  sound power level  In question
1s  the value measured  with the  product in  Its  typical  location
with respect to  reflecting surfaces.
     In all  cases,  the number of the  label  represents  the actual
sound  pressure  level at  the  typical  user's ear; thus,  It  may be
used to estimate  the human effect of the noise, in  terms of speech
interference, annoyance, etc.

CONCLUSION
     At first  sight,  the variety of product types and  the com-
plexities  of sound  behavior in different kinds of  situations sug-
9«st  formidable  problems  in  formulating a  meaningful  noise rat-
Ing  for  labeling purposes.   It  turns  out, however, that  a con-
sideration  of  the manner and  the locations In which  the product
     actually be  used  In  practice can lead  to  great simplification
                               109

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                            Table 1-18
          Typical User Distance Category and Appropriate
                   Label-Noise-Rating Category
                               User Distance    Label-Noise-Rating
       Equipment
Humidifier
Floor Fan
Dehumidifier
Window Fan
Air Conditioner
Toilet
Dishwasher (Note 1)
Vacuum Cleaner
Food Blender (Note 2)
Electric Shaver (Note 3)
Food Disposal
Home Shop Tools
Category*
   C
   c
   C
   c
   c
   c
   c
   B
   B
   A
   B
   B
Category
    2
    2
    2
    1
    2
    1
    1
    2
    1
    1
    1
    1
*A -  equipment  used  on or about the head;  b  - operator-attended
 equipment,  used  at  convenient  working distance,  less than  an
 arm's  length; C  -  equipment that is fixed  and  not operator-
 attended.
Note 1:  Includes clothes washers and driers.
Note 2:   Includes  all other  portable food  preparation equipment,
such as electrical mixers, slicers, grinders,  etc.
Note  3:    Includes all other  personal grooming equipment,  such
as barber's  clippers, hair  driers and stylers, electric  tooth-
brushes,  oral  lavage, etc.    Possibly,  electric shavers  should
occupy a special class, since  they  can  be  used very close  to the
ear,  and  thus, according  to  the  curve  of Fig.  1-22, could  impose
sound pressure levels that  exceed  the  sound power  level by  5  or
6 dB.
                                110

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It 1s, In fact, possible for a (single) number on a label to relate
directly both  to  the sound  power  output  of the device  and  to the
human effect of the noise In terms of  the  sound pressure  level  at
the user 's ear.
     The consumer needs  only  to  be educated to  know  that  the num-
ber  on  the label  relates to the  typical  sound pressure  level  at
his ear, as he uses the product.   Technical  people,  who are likely
to find the sound  power  level  useful, will know from the text of the
labeling regulation  how to relate the  number  on the  label  to the
porresponding  sound power level 1n  each case.
     The conclusions stated above  are valid only  to the  extent
that  sound  1n real  rooms  in  dwellings behaves  according  to  the
acoustical  theory  presented  1n  textbooks/1.e., there exists  a
"direct" sound field near a point source, where the level diminishes
at the  rate of 6  dB per doubling  of  distance, and  a "reverberant"
field filling  most of  the rest of  the room, where  the  level  1s
almost uniform.  In fact, however,  most kinds of products that will
be considered  for labeling are large enough  that within the direct
field they are  not "point"  sources; the attenuation with distance 1s
•"ore  like 3 dB  than 6 dB per  distance  doubled.   Moreover,  at
distances far  from  the   source,  real  rooms  do not behave  like the
classical reverberant rooms of theoretical  acoustics,  but more like
lined ducts; again,  there Is an attenuation of  3 dB  per  distance
doubled,  rather  than  a  uniform   sound  level  without  significant
spatial  dependence.
     The behavior of sound in real  rooms can  be Illustrated  by
the  preliminary  measurements shown  1n Figure  1-23.   These  data
come  from  typically furnished  living  rooms,  bedrooms,  bathrooms,
kitchens, and  laundry  rooms, only one  or two 1n  each case.   The
same  data are  plotted   In  two ways:   once with  the  sound  pressure
!evels for  all the  devices  normalized to  be  equal   at 1  ft  from
the source  and then with  the  levels normalized to  be equal  at  2
ft.   Note  that only for the electric  shaver 1n the  bathroom  does
tne sound  behave  like   that  of  a  point source  (6  dB  per  distance
doubled)  and  only  1n  one of the  bedrooms  and the  laundry  room
does the sound level tend to a constant  value at  large distances.

                               Ill

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                                  Distance, r From Point Source (ft)
20   30
50
100
                                      Figure 1-23
                      Preliminary Results of Measurements of Sound
                    Attenuation vs Distance In Real  Dwelling Rooms
                      (Using  Household Devices as Sources of Sound)
           Instead,  on  average,  there  Is,  for most  of  the  cases,  a steady
           attenuation  of 3  dB  per distance  doubled at all distances.  Since
           the power  level  of the sources was not known, It Is not yet possible
           to  state  a  relation   between  sound power  level and  sound pressure
           level  similar to that of Eq.  1-3 or Eq.  1-4.
                                           112

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APPENDIX A:
  OCTAVE BANDS THAT DOMINATE THE A-WEIGHTED SOUND
  LEVELS IN EQUIPMENT LIKELY TO BE LABELED
  (DOMINATING LEVELS ARE UNDERLINED).

                 Table A-l
Octave Bands of Equipment Likely to be Labeled
Equipment

Humidifer
A-weighted

Floor Fan
A-weighted

Dehumidif ier
A-weighted

Window Fan
A-weighted

Air Conditioner
A-weighted

Toilet
A-weighted

Dishwasher
A-weighted

Vacuum Cleaner
A-weighted

Pood Blender
A-weighted

Electric Shaver
A-weighted

food Disposal
A-weighted
     Shop Tools
A-weighted
Frequency
63
44
18*
50
24
40
14
57
31
52
26
(50)
(24)
63
37
48
22
45
19
42
16
60
34
53
27
125
60
44
55
39
58
42
65
49
. 70
54
60
44
68
52
53
37
50
34
38
22
72
56
58
42
250
60
52
52
44
45
37
61
53
63
55
70
62
66
58
54
46
55
47
36
28
58
50
63
55
500
59
48
4_5_ -
44
41
58
5_5
58
55
68
65
63
60
55
52
55
52
46
43
53
50
68
65
1000
52
52
44
. 44
43
11
53
53
55
55.
68
68.
57
57
58
58
59 ,
59
51
51
55
55
72
72
200
49
50
40
41
40
41
50
51
54
I5.
66
67
51
52
59
65
66.
59
60
55
56
76
II
                                                  4000

                                                   41
                                                   42

                                                   33
                                                   34

                                                   30
                                                   31

                                                   44
                                                   45

                                                   48
                                                   49

                                                   60
                                                   61

                                                   45
                                                   46

                                                   52
                                                   53

                                                   65
                                                   66

                                                   60
                                                   61

                                                   55
                                                   56

                                                   72
                                                   73
kA-weighting     -26    -16
                     -8
-3
                                113

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                       REFERENCE  FOR PART  I


 1.   "Public Health and  Welfare Criteria for Noise"  EPA  Document
     No. 550/9-73-002,  July  27, 1973.

 2.   "Information  on Levels of  Noise Requisite to  Protect  Public
     Health  and Welfare  with an Adequate Margin  of Safety"  EPA
     Document No.  550/9-74-004, March, 1974.

 3.   "How  to See," U.S.  Department of  HEW  (Social  Security  Admin-
     istration)  Publication  (SSA) 73-10063.

 4.   K. M.  Eldred and T.  J.  Schultz, "Comparison  of Alternative
     Strategies  for Identification and  Regulation of Major Sources
     of Noise,"  February 1975.

 5.   "Noise From  Construction  Equipment  and  Operations,  Building
     Equipment and  Home Appliances,"  EPA  NTID 300.1,  December  31,
     1971.

 6.   Leo  L. Beranek,  Noise Reduction. McGraw-Hill   Book  Company,
     Inc.,  New York 1960,  p.  241, Fig. 11.9.

 7.  Richard V.  Waterhouse,  "Output  of a Sound Source  in  a  Rever-
     beration Chamber and  Other Reflecting  Environments," J.
     Acoust.  Soc. Am. 30(1):  4-13 (1958).                 ~

 8.   Harry F. Olson, Acoustical  Engineering.  D. Van  Nostrand Com-
     pany,  Inc., Princeton,  1975, pp. 30-31.

 9.  T. J.  Schultz, "Sound Power Measurements in  a Reverberant
     Room," J. Sound Vib.  16  (1):119-129, F1gs. 8 and 9.

10.   K.  Gosele,  "Berechnung der  Luftschallabstrahlung  von Maschi-
     nen  aus ihrem Korperschall,"  VDI-Berichte.  Bd.  135:131-134
     (1969);  see  also Theodore  J.  Schultz,  "Outlook for  in situ
     measurement  of noise  from machines,"  J. Acoust.  Soc.  Am.
     54(4):  982-984 (1973).
                               114

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                 SELECTED  BIBLIOGRAPHY FOR PART I
Salcedo, Rodalpho  N.,  et. al.   "Improving the  Communication  Ade-
quacy  of  Pesticide  Labels  ~ Summary  Report,"  under contract  to
Pesticides  Regulation  Division,  U.S.  Department  of  Agriculture,
by  University  of Illinois,  College of  Agriculture, Champaign-
Urbana, Illinois,  November 1970.

Poprlk, Maryclare  and Staff.   "Consumer  Perception  of Safety  ~
A Survey,"  ACPE Report 1,  Food and Drug Administration.

Poprlk, Maryclare  and Staff.   "Consumers  and Food Labeling,"  OPE
Study, Food and Drug  Administration, April  1975.

"Proceedings of  the  First  National  Symposium on  Pesticide  Label-
ing,"  sponsored  by  the  Office of Pesticide Programs, Environ-
mental Protection  Agency,  June 1974.

"Preliminary  Staff  Study   (Precis):    Self-Regulation  —  Product
Standardization  Certification  and Seals  of Approval," Federal
Trade  Commission,  Task  Force on  Industry Self-Regulation,  1972.

"Report to Congress;  Pursuant to the Public Health Cigarette
Smoking Act," Federal Trade  Commission, December 1972.

"Report to Congress;  Pursuant to the Public Health Cigarette
Smoking Act," Federal Trade  Commission, December 1973.

"Report to Congress;  Pursuant to the Public Health Cigarette
Smoking Act," Federal Trade  Commission, December 1974.

Nicholls,   Charles  A.,  and  Morrison,  Margaret.   "Consumers  Talk
About Labeling," FDA  Consumer: 4-7, February 1974.

Janssen, Wallace  F.    "Warning:   Hazardous to  Children,"  FDA Con-
sumer: 16-23, March 1973.

Parkinson, Thomas L. "The Role of Seals and Certifications  of
Approval   in   Consumer  Decision-Making,"   The Journal of Consumer
Affairs; 1-14, Summer 1975.

Phone  conversation with  and miscellaneous written  material  from
Ml^  Richard Garber,   National Poison  Center  Network,  Pittsburgh,
Pa. (topic:  "Mr.  Yuk").

Tapanis,   Alphone.   "Words,  Words, Words," Human  Factors  7;  1-17,
February 1975.
                               115

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          SELECTED BIBLIOGRAPHY FOR PART I (Continued)
Stessin,  Lawrence.   "The Hazards of Label  Phrasing," New  York
Times, Sunday, August  17, 1975.

"Delays  1n  Establishing  a  Uniform  Quality Grading System  for
Motor  Vehicle Tires," Comptroller  General  of the  United  States,
RED-75-344.

Spooner,  Herbert,  The Visible Word.  Hastings  House, New York,
1969.

Markowtiz,  J.,  and Dietrich,  C. VI.   "An Investigation of  the
Design and  Performance of  Traffic Control  Devices," Bolt,  Beranek
and Newman Report No.  1726.

Klnkade and Van Cott.  Human Engineering Guide  to  Equipment
Design, McGraw-Hill  Book Co., New York,  1972.

McGuire,  B.  J., and  Vadelund, E. A.  "Voluntary Labeling for
Household Appliances and Equipment to Effect  Energy Conserva-
tion:   Annual  Report for Calendar Year 1974," National Bureau
of Standards,  NBSIR  75-660, February 1975.

Dietrich,  C.  U.   "Development of  EPA  Noise  Labeling Regulations:
General Approach", Bolt, Beranek and Newman Report No. 3195.

Schultz,  T.  J.   "Development  of  EPA  Noise  Labeling Regulations:
Rating  Schemes  for Noise Producers", Bolt, Beranek and Newman
Report No.  3196.

Fano, P.  C.  and Jokel, C. R.   "Development of EPA  Noise  Labeling
Regulations:    Review  of  Twenty-five  Labeling  Laws",  Bolt,  Beranek
and Newman Report No.  3198.

"Draft Background  Document for Product  Noise Labeling:    General
Provisions"  EPA Document No. 550/9-77-253, April,  1977.
                               116

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                  STATUTORY REFERENCES FOR PART I
P.L. 92-574 "Noise Control Act of 1972" 86 Stat. 1234
P.L. 89-92 "Public Health daarette Smoking Act"
15 USC 1261 Et. seq. "Federal Hazardous Substances Act"
15 USC 1451 Et. seq. "Fair Packaging and Labeling Act"
15 USC 2051 et. seq. "Consumer Product Safety Act"
21 USC 301 et. seq. "Federal Food, Drug and Cosmetic Act"
7 CFR:  Parts 52, 53, 56, 58 Subpart P, 61, 201
16 CFR:  Parts 423, 1508
21 CFR
29, CFR:  Part 1910
40 CFR:  Part 85
49 CFR:  Part 162
39 FR 36890
                                117

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    PART II






DOCKET ANALYSIS

-------
                    SECTION 1:   GENERAL  ISSUES
                           INTRODUCTION

On  June 22,  1977,  the  Environmental  Protection  Agency  (EPA)
published a  proposed rule  in  the Federal Register  (42  PR 31722)
to establish a product  noise  labeling  program under the authority
of and as required  by Section 8 of  the  Noise Control  Act of 1972
(42 USC 4907).
     At the time  of  publication,  the EPA solicited written public
comment on  the proposed  general  provision as  well as  all  other
aspects of  the proposed  product  noise  labeling program.   Public
hearings were not initially scheduled.   The public comment period
for the proposed  rule was originally set at  90  days with closing
scheduled for September 20, 1977.   As a result of the large number
of letters received  shortly after  publication,  the Agency decided
to schedule public  hearings on  the proposed rule and extended the
comment period to October 28,  1977.  Hearings were  held in Wash-
ington,  B.C. on  September, 16,  1977;  in  Cedar Rapids,  Iowa on
September 20, 1977?  and  in San Francisco, California on September
22, 1977.
     In all, the Agency received 735 written comments by the close
of  the  comment period.  Ten  additional comments were  received
after the  close   of  the comment period,  but were  pertinent,  and
were considered in  the  analysis.   The Agency took oral testimony
from 51  individuals,  organizations  and  businesses  at  the  three
Public  hearings.   Over  600  of  the  written comments were from pri-
vate citizens.
     The oral  and  written comments dealing with the  proposed
general provisions  were  each  assigned a  "docket"  number prefixed
by 77-8.  For  example,  entry  77-8-415  refers  to the 415th comment
received by  the   Agency.   Numbers were  assigned consecutively by
                                121

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time  and  date of receipt.   Comments  numbered 1 through 745  refer
to written  comments,  while  comments numbered  901 through 955  refer
to  those  received at  the public hearings.   For simplicity,  only
the last  three digits of  each docket  entry are  used  in  this docket
analysis.
     The  number  in  parentheses  following each reference to a  com-
ment or commenter is the docket number.
     Appendix A  of  this Part identifies the  issues  and statements
made by each commenter.
     Appendix  B of this  Part is a complete index  of  all docket
entries,  including  the  docket  number, name of the person, and  the
organization represented (if any).

1.1  VOLUNTARY LABELING PROGRAMS
     Several commenters recommended that the  Environmental Protec-
tion Agency  (EPA) encourage  industry  to develop voluntary  labeling
programs.    Most of these recommendations  came from  manufacturers
or trade  associations.   The Briggs and  Stratton Corporation  (624)
supported voluntary programs,  because of their minimum disruption
to the  market mechanism,  lower  costs,  and limited government  in-
volvement.    They  felt  that  manufacturers would  report  noise
ratings as  accurately as other  product information.   J.  I.  Case
Company   (Case)  (526)  and  Deere  and  Company  (930) also  urged
consideration of voluntary  approaches,  which  they  preferred  and
would support.   J. I.  Case (924)  testified  that  EPA enforcement
would not be necessary  and  neither would  independent auditing of
test  results.    The company felt  industry  self-policing  was  suf-
ficient - at least in the case of his company's competitors.   Case
also  cited   two  examples  where the  company either received or
sent  a  letter complaining  about the  inaccuracy  of  noise-related
product claims.   Kodaras  Acoustical Laboratories (647) praised  the
labeling  effort  but  also  opted for  a  program undertaken  in  the
private sector,  recommending The Air Conditioning  and Refrigera-
tion Institute's voluntary program  as  a  model.
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     The Air Conditioning and Refrigeration Institute (ARI)  (729,
707, 901), emphasized the utility of the voluntary approach.   ARI
suggested quite  strongly that EPA  should  work with  industry  by
providing  guidance  for the development of  voluntary labeling
actions  and  by offering a  public education  campaign  to  promote
understanding of the voluntary programs.  Another recommendation,
offered as an  alternative to mandatory labeling, was for periodic
monitoring by EPA of a  voluntary  industry sound-rating certifica-
tion program.   ARI  also explained the  operation of its voluntary
labeling program.
     The Home  Ventilating  Institute  (HVI)  (740) explained  its
sound  rating certification program at  length, noting its wide
acceptance in  both  public  and  private sector  circles.   In  HVI's
opinion,  its linear scale  and  overall  features achieve all  of
EPA's major objectives  for  the labeling program.
     The International  Snowmobile Industry  Association (ISIA)
(905), felt  that voluntary  industry  labeling  was  the most effec-
tive means for achieving EPA's goals with a minimum of government
involvement.    In  order  to  stimulate  voluntary industry efforts,
ISIA recommended various inducements:   (1)  dropping voluntarily-
labeled products to the bottom of the list of products subject to
mandatory labeling;  (2)  urging government to favor these products;
(3)  providing these  manufacturers  with access  to EPA  testing
facilities;   (4) supporting  joint  EPA-industry financing  of  sound
control  research;  and  (5) positive publicity for cooperative
industries.   Other ISIA  comments describe their current voluntary
sound emission certification program (611)  and their recent  adop-
tion of a new voluntary  noise labeling program  (548).
     Comments  made by  the  above parties -  either submitted  in
writing or in response  to questions at  the three public hearings -
Point  up certain  problems   affecting voluntary labeling  actions.
pirst, spokesmen  for ARI and  ISIA indicated  that  certain  manu-
facturers do not participate in their programs  (902, 611), thereby
Penalizing cooperating  manufacturers  and resulting in the disrup-
tion of  the  market  forces  which  will hopefully result in quieter
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products.   Second,  several comments about  the  practices  of  inde-
pendent testing laboratories cast doubt on the overall credibility
of  a  labeling  program  that  is  not  tightly enforced,  or at a  mini-
mum,  monitored  by the  Federal government.   The  prevalence  of
inaccurate  test  results due  to fraudulent activities  or manipu-
lated  measurements  was mentioned by acoustical consultants  and  a
public official in the noise control area (952,  953,  954).
     A third problem  in  the purely voluntary  approach is  the pos-
sibility  that  manufacturers will  provide  noise  ratings   in  bro-
chures that  are  not available at  the point-of-sale  (902)  or will
not provide  the  specific noise levels on  labels  but  merely  state
that  the  product's  noise emission  does not exceed a  certain  level
(905).
Response;
     The  Agency's intention to consider  the possibility of volun-
tary  labeling  actions  on a product-by-product  basis  is reflected
in  two of  the objectives  of  the  labeling program, which  are:
     •  "To provide accurate and understandable  information
        to  consumers  with minimal Federal  involvement.
        Minimal  Federal  involvement is  to be  achieved by
        ensuring  that  the Federally  imposed  labeling
        requirements are carefully  analyzed and structured
        so  as  to reduce the administrative, economic  and
        technical impacts of the Federal  program as  much as
        possible."
     •  "To  promote effective  voluntary  noise labeling ef-
        forts  on the  part of  product manufacturers  and
        suppliers with the  anticipation  that  a  concomitant
        reduction in product noise  may occur  due  to  market
        demands."
     Section 8 of the Noise Control  Act of 1972, however,  makes
it  clear  that the  Agency   is  required  to  promulgate  regulations
designating  and  labeling ". .  . any  product  (or class  thereof)
which emits noise capable of adversely affecting the  public health
or welfare"  and  ".  .  .  any product  (or  class  thereof)  which  is
sold wholly or in part on the basis of its effectiveness in reduc-
ing noise."    While  the Agency  will  consider  voluntary  labeling
action as  a potential alternative  to  the implementation   of  this
non-discretionary duty, a voluntary program would have to satisfy
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the Agency's important goals before it  could be accepted  as a
feasible  alternative to  Federally-mandated labeling.   Lack of
label uniformity,  noncompliance  by a large segment of an industry,
inter-industry variations  in  noise rating schemes,  and  the prob-
lems raised  by  commenters represent some  of the possible limita-
tions of  a  voluntary  labeling program  as  a  vehicle to accomplish
the two other objectives of  the  program:
     •  "To provide accurate and understandable  information
        to  product purchasers  and  users  regarding  the
        acoustic properties  of designated  products so that
        meaningful comparisons  with  respect  to  noise
        emission or noise  reduction can be made as part of
        purchase or use decisions."
     •   "To promote public  awareness  of  product specific
        contributions  to  the environmental  noise problem
        and  to  foster an  understanding  of associated ter-
        minology and concepts."
     Nevertheless, the EPA continues to  fully support the develop-
ment  and  implementation  of  voluntary  noise labeling by  product
manufacturers.   The  final  rule encourages  the development of
voluntary labeling  programs and deliniates  the minimal elements
that the  Agency considers essential to any voluntary noise label-
ing program.   These elements are not  intended  to be a comprehen-
sive  outline for  the structure  of  a voluntary  program that EPA
would  definitely  accept  as a substitute for Federal  labeling.
Rather, the  list  presents the basic  requirements that the Agency
believes  should be  in an  effective voluntary noise labeling pro-
gram  if  it   is considered as an alternative to Federal  labeling.
     The Agency will consider a  voluntary  labeling program in lieu
°f mandatory noise  labeling  requirements for a  particular product
   a case-by-case basis.

               Major Elements of Adequate  Voluntary
                      Noise  Labeling Programs
      Participation - Uniform participation  by all manufacturers
     or by  a high percentage of the  total market of a particular
     product.
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2.    Measurement  Methodology  -  A uniform methodology which gives
     accurate and  meaningful data.
3.   Acoustic Descriptor
     A.  Noise  Emitting  Products - Sound  pressure  in  dBA at 1
         meter in 1 dB  increments  (may be obtained by converting
         sound power  levels  or  sound  level data  taken  at other
         distances using  a recognized standard method).
     B.  Noise Reducing Products - Meaningful numerical rating of
         product's  noise attenuating  or absorbing  capability.
4.   Minimum Label Content
     A.  The term  "Noise Rating"  or  "Noise  Reduction  Rating"
     B.  Acoustic  Descriptor
     C.  Comparative Information - supplied by the industry, com-
         piled from manufacturer's periodic  data reports  (depend-
         ing on  the product)
                        (,.
5.   Label  Format  and  Graphics
     A.   Prominence of  acoustic descriptor and the  term "Noise
         Rating"  or "Noise Reduction Rating".
     B.  A label  shape dissimilar to the  EPA noise  label.
     C.   An  Industry-wide uniform  label shape  for  a particular
         product  or class of products.
6.    Label Placement  and Size  - Readily visible to consumers at
     time of sale, taking into consideration various ways  in which
     the product  may be marketed.
7.    Compliance  Program  - Incorporating product testing and the
     review  of  test  reports,  labels  and  associated  marketing
     literature,  and provisions  for rectifying improper  labeling.
8.   Reports - Periodic reports  (depending on the  product) to the
     EPA which 'include the status and effectiveness of the program
     and a compilation  of the  labeled values  for  all labeled
     models.
9.    Availability  of  Data - Availability to the EPA of  all data/
     test reports, and other documentation related  to  the  program.
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     The EPA  encourages product  manufacturers  or  trade  associa-
tions to communicate  with  us to  discuss  any  aspects  of  voluntary
noise  labeling,  and  will  assist industry in developing  those
programs.

1.2  STATUTORY AUTHORITY

1.2.1  Questions Concerning  the issuance of General
       Provisions before Product-Specific Regulations
     An industry  (622) (General Motors),  a trade  association
(590), and a  private  citizen (621)  questioned  the appropriateness
of promulgating  the  general labeling provisions  before  the  prod-
uct-specific  regulations.  One argument was  that  this sequence  of
actions was  illogical.  The Outdoor Power  Equipment Institute
(590) seemed to feel that both the general provisions  and product-
specific regulations must  be considered in  tandem, and  therefore
no useful  purpose  is served by  issuing the general provisions
before the product-specific regulations.   The commenters  wanted  to
be certain they could comment on the General Provisions  and also
on product-specific regulations,  if  the Agency proposed  specific
Product regulations affecting their  industry.  The  General Motors
Corporation   (622)  indicated that   its  comments on  the  General
Provisions should  be  considered  in  future  product-specific  rule-
making.   General Motors  also  claimed  there were difficulties
in selecting  a  label  format before  deciding upon the product and
the relevant  information to be included on the label.
     One commenter  (621)  felt that  the proposed  standards create
confusion  and procedural dilemmas when  implemented  for a particu-
lar  product,  since they neither  apply  to a  specific  product nor
to all products  in general.  He also was  of the  opinion  that each
Product had  to be considered separately in terms of its  noise
emission properties,  applicability  to   testing  procedures,  etc.
     A second argument  was  that EPA  had no  authority  to  issue the
General Provisions.   The commenter  (621) maintained  that Section
8 gave  the Administrator authority  to promulgate  labeling regula-
tions only with respect to products  which  emit noise "capable  of

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adversely  affecting  the  public health and  welfare,  or which are
sold  on  the basis of their effectiveness in reducing noise."  He
asserted  that  until such  product-specific  regulations  were pro-
mulgated, no authority  exists to  require labeling.   A similar
position was adopted  by a major industry (622), which thought
specific  products  had  to  be  chosen before labeling requirements
were enacted.
Response;
     The Agency believes  that the  issuance  of  these General Provi-
sions for  product  noise  labeling  is logical and advantageous both
to  the general  public  and to industry.  The  Agency  did not wish
to  re-propose many of the  same regulatory elements in each of its
product-specific labeling actions, and so it decided to propose a
set of labeling requirements that  would apply  to all products that
might be  labeled  in  the  future.   Since a product-specific regula-
tion will  clearly  delineate  any  exceptions to the General Provi-
sions, there should  be no confusion  in  using the General Provi-
sions and product-specific regulations  in tandem.
     The Agency's also intended the General Provisions to provide
guidance to the  general  public  as well  as  to all potentially
affected parties  as to  the general  nature  and intent of the
proposed noise labeling program.   The response to the docket
attests  to  the success in  generating comments from the public and
numerous  potentially  affected industries.    These  comments  have
helped the  Agency  to shape its overall noise labeling regulatory
program  to be  both  effective and reasonable, and  to  anticipate
many of  the  technical  problems  that may  occur in the development
of product-specific labeling regulatories.   At the same  time/
product  manufacturers and  suppliers are  afforded  additional time
to  prepare for possible  Federal noise labeling action and  to
consider the formulation  of voluntary labeling programs.
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     Another rationale for  issuing  the  General  Provisions  concerns
the  need for  label  uniformity in order  for  the program to  be
effective.  The Agency believes that  consumers  will be  more likely
to notice the  labels  and to learn  how  to use  them effectively  if
they are  similar in  format and require  the use of  approximately
the same cognitive skills across different product classes.
     Regulatory provisions  that are not  amenable  to generalization
across all products,  such as testing methodologies,  have  not  been
specified in the General  Provisions and  will  be addressed  in prod-
uct-specific regulations.
     The General  Provisions were  proposed concurrently with prod-
uct-specific labeling provisions for  hearing protectors.    Both  of
the proposed regulations  appeared in  the  same issue of  the  Federal
Register.[11   The General Provisions  were  proposed as Subpart  A  to
40 CFR  211,  and  the  product-specific  hearing  protector  require-
ments as Subpart B.   The  General Provisions  were  proposed  and  will
exist,  therefore,  as  part  of  the  regulatory requirements  for the
labeling of  hearing protectors.
     The  Agency's  authority  for  their  proposal  and promulgation
clearly exists within the  authority  granted  the  EPA in Section  8
(a) and  (b)  for  the  labeling of products "...  sold wholly or  in
Part on  the  basis of  (their) effectiveness  in  reducing  noise."
     In  the  case  of  future  product-specific  regulatory  actions,
industry and the  general public will have the  opportunity  to  com-
ment on  all  aspects  of  the regulation  affecting a given  product.

1-2.2.   Determining if a Product is Capable of Adversely
        Affecting the  Public Health or Welfare
     Several commenters  representing  manufacturers  or  trade asso-
ciations expressed different  concerns about the process of deter-
mining  what products were capable  of  adversely affecting the
Public health or welfare.
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     One  comment appeared to reflect some confusion about what
kind of  impact constituted an adverse effect on  the  public  health
or  welfare.   The contention made by  Deere and  Company (Deere)
(930)  and the Compressed  Air and Gas  Institute   (CAGI)  (910)  was
that the  legislative  history  of  the Noise Control Act demonstrates
that Congress  wanted to focus  attention  on those products  poten-
tially damaging  to health  or hearing.   Two auto manufacturers  -
Renault and  Peugeot  (262,  278)  - asserted that  passenger  car noise
does not  constitute  a health  hazard,  and  thus  the labeling program
can only  be directed at  the  level of  comfort  of the  occupants  -
which  is  impossible  to evaluate  in  relation  to interior  noise.
     Other  commenters reiterated this concern  about  the  interpre-
tation of "adversely affecting  public health  and welfare."   The
Association  of Home  Appliance  Manufacturers  (AHAM)   (629) doubted
if Section 8 of the Act gave  EPA the  authority  to require labeling
on a product which  might  constitute  a hazard to  hearing  only when
evaluated "in  the context  of  cumulative exposure," which  it  deemed
to be  a vague  phrase.  AHAM,  the Hoover  Company,  and  Kirby  Vacuum
Cleaners  (629, 648,  906)  - each claiming their products  cannot be
shown  to  adversely  affect public  health  or welfare -  implied  EPA
was  overstepping  its authority  by  requiring  labels  on products
which  emit  noise  that  is  only  occasionally  annoying.    Deere  and
Company expressed a  great  deal of concern about  the  difficulty of
establishing the  meaning  of  "health  and welfare,"  and  about  the
possibility  of EPA's selecting  products for  regulation when an
adverse impact could  not  be  demonstrated.   Deere maintained that
this latter  situation requires  factual evidence that  a  (product's)
capability  for adverse effects  exists  (930).    Deere  (738) also
expressed concern  that the  language of the General  Provisions
could be  used  to move beyond  EPA's labeling  authority  in  selecting
products.    Deere  urged  that  the  Preamble  be  written  to clearly
narrow EPA's product selection discretion.
     Another question raised  with respect  to  this  issue area is
the type  of  proceeding required  to make this determination about  a
product.   According to the Ford  Motor Company (Ford)  (907) and  the
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Vacuum  Cleaner Manufacturers Association  (VCMA)  (651),  the deci-
sion  about  whether  or not a product "adversely affects the public
health  and  welfare"  requires a rule-making proceeding.  VCMA made
reference to  the Administrative Procedure  Act,  42 U.S.C. Section
4905(c)(2)  and  4907  (b), while Ford  cited the statutory  language
of Section  8 as  the  basis for  this observation.  In the opinion of
the Hoover  Company  and  VCMA (648,  651),  the outcome of any future
proceedings could be  prejudiced by the negative publicity  given to
vacuum  cleaners  in the public  hearings and  in  EPA's published list
of appliances considered for labeling.
Response;
     In  accordance  with  the  statutory  language  in Section  8
governing noise-producing products,  the Agency  will  make a  fac-
tually-supported decision   as  to  the capability of  a product's
noise to  adversely  affect public  health  or welfare before promul-
gating  final  regulations.    The Agency  will,  in  fact, make  this
determination in a  rule-making  proceeding  - namely,  the notice of
Proposed rule-making for each individual  product.
     In deciding whether or  not a  product  is capable of affecting
the public  health  or welfare,  the  EPA  will  rely  in  part on  the
factual evidence  in the following  documents  published by  the
Agency:   "Public  Health and Welfare  Criteria  for  Noise,"  EPA
550/9-73-002 [2]; and "Information on Levels of Noise Requisite to
Protect Public  Health  and  Welfare with  an  Adequate Margin  of
Safety,"  EPA  550/9-74-004  [3] .   The Agency disputes  the conten-
tion or  implication  that the public  health or  welfare  can only be
adversely affected  by noise  at a level where hearing damage
is produced.   It is  evident that  this definition of public health
and welfare  is  overly  restrictive.   The  Agency  believes a  more
aPpropriate  definition  is  afforded  by the  World  Health Organiza-
tion,  which  states  that health and  welfare is  "...   complete
Physical, mental and  social  well-being and not merely  the absence
°f disease and infirmity."  [4]
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     Based  on  this definition and  findings  in the above  studies,
 it  is  clear  that  noise-induced annoyances,  such as  interference
 with sleep,  speech,  and  excessive  cumulative  noise exposure can be
 considered  adverse effects on the  public health or welfare.  It is
 also evident  from  the  statutory  language in the Noise  Control Act,
 as well  as its legislative  history,  that  Congress did not intend
 to  restrict  the  labeling  program  only  to  products  capable of
 producing hearing loss.
     The above  claims  as to whether or not the  noise  from a par-
 ticular product is capable of adversely affecting public health or
 welfare cannot  be  addressed at  this  point but will be considered
 in  any product-specific regulatory  action taken  with respect to
 those  products.   Finally,  the Agency does not agree that  negative
 comments made  about  a  product's  noise  properties at the public
 hearings unfairly  prejudices future proceedings,  because one pur-
 pose of the public hearings  was, in fact,  to  solicit  the  public's
 feelings about what  products disturbed them most.  The Agency also
 disputes any  charge that  its public  information activities  have
 unfairly prejudiced  the  determination of a product's capability to
 adversely affect  the public health or welfare,  since  this deter-
mination  will  be  made  using  objective health  effects  data and
 studies.

 1.2.3.   Relationship Between Actions Taken  Under
        Section 6  and Section 8
     Several  commenters,  representing  major  industries,  made
 assertions  about  the implementation of  Sections  6  and  8  with
 respect to  the  same product.  Counsel for the Compressed Air and
Gas Institute (910)  expressed the  opinion that once a  product fell
under  Section 6 emission standards, it would  be "inappropriate" to
proceed to  Section 8 mandatory  labeling,  except  in the cases of a
 few products with  high  noise-emission levels.   The  Chrysler Cor-
poration (672)  felt  that labeling  could  not be required for prod-
ucts designated under  Sections  5  and  6,  because  they  had already
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been rendered  safe  by the latter action - the mandatory  emission
standards.   The  Ford  Motor Company  (907)  expressed a different
concern  - that  Section  8  could  be used  to impose  regulatory
enforcement and to  avoid  the procedures  for  identifying a product
as a major noise  source under Section 6.  Deere and  Company  (738)
suggested that labeling under  Section 8 would be appropriate  for
products  identified  as major (Section 5)  noise sources in  the
event a noise emission standard (Section 6) was deemed  infeasible.
Response;
     There is  no  statutory  language  in  the  Noise Control Act  to
support  the  argument  that  Section  6 and Section  8 are  mutually
exclusive with respect to  EPA implementing regulations  governing a
given product.   The Agency believes  the Act and its  legislative
history demonstrate conclusively that EPA's  authority  to  regulate
products under each Section is independent  of the other.  There-
fore,  there is no  reason  to  believe  that  a product cannot  be
subjected both to noise emission regulations under Section  6  and
labeling action under Section 8.  In  fact, implementation of both
Sections might be quite rational for certain products where Sec-
tion 6  action  (as  limited  by  technological feasibility) lowers
the emission level to  the  point where the danger  of immediate
hearing loss to operators  is reduced but not  eliminated.   In  these
cases,  Section 8  labeling  may be  necessary  to  inform potential
Purchasers/users  that  there _rs  this  danger  of immediate hearing
loss with  use  of  the product.   For  this reason  the Agency dis-
agrees with  the  assertion  that  the  implementation  of mandatory
emission standards  under  Sections  5 and 6 renders a product safe
and  therefore  makes  labeling  under Section 8 unnecessary.    The
noise emission standards  established  under  Section 6  are  often
determined by  available technology  and  the costs of  product  noise
abatement, and therefore the product may not  necessarily have been
rendered safe  and could  still be  capable  of adversely affecting
the public health  or welfare.
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1.2.4     General Criticisms  of EPA for Exceeding its Authority
     A  number  of industries  (622,  671,  672, 745)  commented  that
the  proposed General  Provisions  went beyond  the authority set
forth in Section 8 of  the Noise  Control Act,  and  were  in  conflict
with the  intentions of  Congress.   The Industrial  Safety Equipment
Association  (ISBA)  (745)  argued that the provisions were  legally
unsound and may be unconstitutional  under Section  10  of the
Administrative  Procedure Act (5  USC 706) (2).
Response;
     The statutory language in  Section 8 of  the Noise  Control Act
of  1972 is  fairly  clear on  the authority  and  the duty of the
Agency to promulgate regulations requiring the labeling  of  "...
any  product  (or class thereof)  which emits  noise  capable of
adversely affecting  the public health or welfare"  and M .   .  . any
product (or  class thereof) which is sold wholly or  in  part on the
basis of  its effectiveness  in reducing noise."    The Agency  feels
the proposed General Provisions  are within  the  purview  of  Section
8 and are  consistent with the intent of Congress  as expressed in
the legislative history of Section 8.

1.2.5  Miscellaneous Issues
     Three other issues were raised by comments from the Ford  Motor
Company  (643),  the  Compressed  Air  and Gas  Institute   (910), and
Deere and Company (930).
     •     Ford  contended  that Section  8 applies only to new  prod-
          ucts  according to the  Act's wording and its  legislative
          history.  The  Draft  Background  Document  (EPA 550/9-77-
          253)  [5J,  however, stated  that the  product need not be  a
          new product.
Response;
          The Noise  Control  Act  includes  definitions  for .the
          terms "product"  and  "new product".  Both  terms are  used
          throughout  the  Act  with  apparent  discrimination.   Al-
          though  the  prohibitions of Section  10 apply,  with
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          respect  to labeling, to  "new"  (unsold)  products  (title
          never  transferred  to ultimate purchaser),  the  language
          of Section 8  explicitly uses the  term "product"  (any
          manufactured  article  or goods  or  component thereof).
          The Agency believes  that  its authority  to  require
          labeling  under Section  8, therefore,  is not necessarily
          limited exclusively to  new products.

     •     CAGI  considered  it inappropriate  for EPA to propose
          noise  regulations  for those products  that are exclu-
          sively produced  for  use in  environments  subject  to
          existing  Occupational  Safety and Health Administration
          (OSHA)  noise   regulations, preferring action under  Sec-
          tion 4(c)(2) of the Noise Control Act.
Response:
          The EPA has  and  will  continue to coordinate its  noise
          regulatory activities  with  OSHA  and other  Federal
          agencies  so as  to eliminate conflicting  and  redundant
          actions.   It must also,  however, evaluate  the  need  for
          regulatory  activity for particular products based on all
          relevant  factors,  particularly those involving protec-
          tion of the public health or welfare.   It is the feeling
          of the EPA, therefore,  that  it is totally inappropriate
          for it to  preclude  consideration of a product,  as  is
          suggested,  based solely on the fact  that that product is
          the focus of another agency's actions.

     •     Deere  and  Company  felt  that EPA was over-extending  its
          authority  by  possibly  justifying the selection of  pro-
          ducts  on  the  basis of  individual ('the  public') percep-
          tions.
Response:
          Section 8  is  quite  clear as to  the  EPA's authority -
          and nondiscretionary  duty - to  promulgate  regulations
          requiring  the labeling of noise-emitting products
          capable of  adversely  affecting the public health  or
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          welfare.    Notwithstanding  the  broad  product  selection
          authority,  the  Agency must  obviously  use additional
          criteria to determine which particular products,  already
          within the Agency's  authority to label,  should  be con-
          sidered first for  labeling  action.   The  Agency believes
          that  public  attitudes toward a product's  acoustic
          performance definitely  represent  one  of  many  important
          product  selection criteria  affecting  this  decision.

1.3  PROLIFERATION OF PRODUCT LABELS
     A number of commenters  expressed concern about the prolifera-
tion  of  labels  on  products  (197, 648,  940,  949,   622,  629, 621,
907).  The  General Motors Corporation  (General  Motors)  (622)  and
the Association of  Home  Appliance Manufacturers  (AHAM)  (629) were
particularly concerned about safety  labels  being over-shadowed by
noise labels.  General Motors felt that individual products should
be examined prior to requiring that a label be placed on a product
to determine whether space is available  for a noise label.
     Numerous groups  stressed  the need for some coordination  be-
tween different agencies'  labeling programs (589,  590,  907,  949).
The Ford Motor  Company  (907)  urged  "EPA to become  the lead agency
in proposing and establishing a Federal Interagency Product Label-
ing Review Committee with responsibility  for  achieving  the neces-
sary  simplification  and coordination of the assorted labeling
requirements  for  motor  vehicles."    Whirlpool  Corporation  (589)
wondered  if the government would be able to coordinate and priori-
tize the  total labeling  effort.
Response;
     Aware  of  the problems that  could  result  from  different
Federal labeling actions  affecting the same product, the Agency is
looking into possible labeling  conflicts  and  the problem of  label
proliferation.   Of course,  the  seriousness  of  this  problem is a
function  of  the  particular product,  and so the  Agency's analysis
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of this matter will occur on a product-by-product  basis.  Where  it
is possible to avoid these problems without sacrificing  the  impor-
tant  goals of  the Noise  Control Act,  the Agency  will include
appropriate language in the product-specific subparts.

1.4  AUDIENCE ADDRESSED
     Comments concerning  the  intended  audience  stemmed predomi-
nantly from  industry.   Confusion  was  expressed  about the use  of
the words "prospective user" and "ultimate  purchaser" in Section 8
of the Act.   Certain  industries  seemed particularly  concerned
about EPA's  interpretation and  its  effect on subsequent regula-
tions.   Deere  and Company  (738)  offered the opinion that,  since
the user  is  most  often the purchaser,  EPA can direct the program
at the purchaser without violating statutory language.

1.4.1   Question of Labeling Individual Products Sold
        in Bulk to Industry
     Bilsom International, Inc.  (380),  felt  that, with  respect  to
their hearing  protector  product,  the  label requirements  repre-
sented a  distortion  of the intended audience since  95 percent  of
their purchases are  made  by large companies who buy products for
their employees and  not by the  individual  end-user.   Thus  it  is
the company  representative  who needs noise  information  the  most.
These persons tend  to purchase ear protectors on  the basis  of
sales literature,  consequently a noise  label on the  product  would
be of relatively  little use.   Bilsom also  argued  in favor of re-
Placing  the word "label" in the regulation  with the word  "notice,"
allowing  greater  flexibility  in how the information is dissemi-
nated.
     In  contrast,  an  official  of the Environmental Noise Program
of Metropolitan Washington Council  of  Governments   (901) stated,
with  respect to  hearing  protectors,  that it  was  important  to
educate  both the purchaser and  the user.
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Response;
     The Agency  realizes  the need to relate  its  labeling  require-
ments  to  the methods of  marketing  and  distribution for a  partic-
ular product.   It  is also fairly clear that  there may  be  problems
caused  by  the  applicability of  certain  labeling requirements  to
products sold  in  bulk to  industry.   Therefore, the  Agency may
adjust  (on  a product-by-product  basis)  labeling requirements  for
a particular  product or class of products in order  to  most effec-
tively use existing marketing and distributing procedures.

1.4.2  Imbalance Between Audience Sophistication and
       Acoustic Information on Label
     An  acoustical  expert  (952)  stated  that present noise  labels
showing  laboratory  derived  ratings  on  certain  noise  attenuating
products such as construction  materials  are useless to engineers
or  designers  in light of  the difficulties of rating  the many
different products.   An EPA developed uniform  rating method  would
certainly help  (also see  Section 3.2 of the  Docket  Analysis.)   In
relation to  some sound-reducing  materials,  the  average homeowner
does  not  constitute  a  sizable portion  of the market.   He  noted
that  in  some  circumstances, such as ceiling  tile, a single number
rating might,  however,  be  beneficial  to the  individual consumer.
Response;
     It  is apparent that the  information  on the label,  including
the noise rating, must  be based on the nature  of the audience and
the ability  to  convey  useful  information  to the purchaser of  the
product.  These concerns will  be of primary consideration  in  the
Agency's  formulation of  product-specific  labeling requirements.
The Agency may  at  times  require  that notice of  a product's  noise
level be given  to  the  ultimate purchaser in  a form other than  a
label, either in lieu  of or in  addition  to  a label.   The Agency
is not interpreting the word "label"  narrowly.
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1.4.3   Duration of Notice Requirement/The  Case  of  Rental  Equipment
     The Chrysler Corporation (672)  discussed the  issue of the
thrust of  the  original  Act with respect to the  intended  audience:
"It  appears  that the Act was not intended to  cover noise  labels
notifying prospective users for an indefinite period of time  after
purchase by what may well be  a third party."   Their arguments are
that  "prospective  user"  and  "ultimate  purchaser"  are used  inter-
changeably in Section 8,  and  that the  only prohibited act  pursuant
to Section 10(a)(4)  is  removal of the  label prior to the sale of
the  product  to  the  ultimate purchaser.   The  noise  label  should
thus  be  necessary  only  for  the  ultimate purchaser.  They also
asserted that  EPA  should not  be  allowed  to  require the  inclusion
of maintenance  information or  "tampering" warnings  with   the pro-
duct,  for the  obvious reason of the  label's  limited duration.
The American Rental  Association  (552,  908)  expressed similar con-
cerns  with respect  to the confusion  of  ultimate purchaser and
Prospective user.  For their products,  the two terms refer to dif-
ferent persons.   The equipment rental  business  is the purchaser,
but  is the user only if  such  term refers  to  the use of  equipment
as rental  inventory.   This  is clearly an important  issue in the
case of rental equipment, since this would affect the form a  noise
label  must  take.   Continued  use of their products  will lead  to
label  destruction.   (Issue of temporary versus  permanent  labels
discussed in  Section 5.2  of the Docket  Analysis).   Based on Section
10 of  the Act,  in  which Congress only prohibited  the  removal  of
the  label  prior  to sale, they argue that  Congress did  not  intend
for each prospective user to receive notice of the product's  noise
level.
Responset
     The EPA recognizes  there  is  a   need for further clarification
concerning the  distinction between  the "ultimate  purchaser" and
"prospective  user" as  these  terms apply to the intended   audience
for  the  labels  of  certain products.   The EPA  believes  that the
terms  "prospective user"  and   "ultimate purchaser"  were  used with
discrimination in Section 8 of the Act, and that the Congressional
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 intent was  to  require  that notice be provided to the users of the
 labeled product; users being those subject to the noise emitted by
 the product, or those realiz.ing the effects of the products' noise
 attenuating  capability.    Recognizing  this  distinction,  the  EPA
 will  pattern requirements for  label  form and label  placement on
 a  product-by-product  basis,  taking  into  consideration  the possi-
 bility  that the ultimate  purchaser  and the  prospective  user  may
 not be  the  same person.   Where  this  is the case  for  particular
 products,  labeling  provisions  may be  specified  which  call  for  a
 permanent  label,  to ensure  that  the prospective user  is in fact
 provided the notice intended by Congress  in  Section 8.   in imple-
 menting this policy the  EPA  recognizes the limitations  present in
 the prohibitions of Section 10 of the Act as to the responsibility
 to  comply  with  the  labeling  requirements,  and  the  prohibitions
 concerning removal of labels.

 1.4.4  Distribution of High Noise Level Products
     The Compressed  Air  and  Gas  Institute  (910)  also expressed
 concern about  the  intended audience,  particularly with  respect to
 products producing a  high noise level but which  are  sold in very
 few numbers.
 Response;
     The product population  is one factor that  the  EPA will con-
 sider in selecting  products  for labeling action.   Of course,  the
Agency's approach  to  a high noise-emitting product  of  which only
 a  few  units are sold  is also  affected  by  the number  of persons
 impacted.    In  cases where  there are considerable third-party
 adverse  impacts,  emission regulations  under Section 6  might  be
more appropriate than Section 8 labeling action.
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               SECTION 2:   PRODUCT SELECTION ISSUES
     This section  addresses  those comments  to the  docket  which
directly or  indirectly  suggested  criteria  or considerations that
should govern the selection of products for the labeling program.
Of  course,  the  statutory authority  for  noise-producing products
requires the  Agency to  determine  the  capability of  a  product's
noise to adversely affect public health or welfare.  This separate
issue,  though mentioned here,  was discussed in Section 1.2.2.
     This section explores  comments about  criteria or factors
that  the Agency  should consider  in deciding which particular
Products should be  labeled  first.   EPA  cited sixteen regulatory
decision factors  in  the  Supplementary  Information  to the  General
Provisions  Notice  of  Proposed Rulemaking  (NPRM)  [6],  Of  the
nearly sixty separate comments in  the public docket that are con-
cerned with  product  selection  criteria,  well over half could  be
included within  these sixteen  factors.
     Some individuals  suggested  specific products or product
classes  for  labeling  action rather  than objective criteria.
These comments  are  aggregated within  the product-complaint  tabu-
lation shown in Section 9.2.   Caution must be exercised, however,
in interpreting  the  results of that tabulation.

2.1  PRODUCT SELECTION  CRITERIA

2.1.1  Product Noise Level
     Five comments were  received on  the  use  of the product  noise
level itself as a criterion for including the product in the pro-
gram.   A retired Bell  system  engineer  and coauthor of a  county
noise  pollution  ordinance  (227)  suggested  that  all products
emitting noise  above 45  dB(A)  be required to have  noise  labels.
Citizens Against Noise  (903)  recommended that louder products  be
given priority  for  selection.   A  physician   (950) at  the  Orange
County Hearing  and  Speech Center  noted  the special importance  of
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 considering  the  noise  levels of  products  to  which children  are
 exposed,  since  their  threshold of  hearing damage  is lower  than
 that  of adults.   General  Motors  Corporation  (622) asserted  that
 actual  noise levels rather  than  annoyance factors form  the  basis
 for  product  selection,  and AHAM (629)  urged that  the Title  IV
 report, "Report  to the President and Congress on Noise", be used  to
 assist  in product selection.
 Response;
     Considering  the definition  of  health  and welfare  according
 to  the  World  Health Organization  [4]  (complete physical, mental
 and  social  well-being and  not  merely the absence of  disease and
 infirmity),  and  the  legislated  requirement that the Agency desig-
 nate  and  then  label any product "which emits noise  capable  of
 adversely affecting  the public health or  welfare",  the  fact that a
 product emits noise  means  it  may be  considered  for  regulation.
 The Agency  intends  to use the noise  level of  a product  as an aid
 in determining  if a product  should  be  selected for product  noise
 labeling.
     The Agency  will study  the  noise levels of  products and the
 health  and  welfare  impact of these levels  on a  product-by-product
 basis.
     However, other  factors such as usuage  patterns,  affected
 parties, the  numbers  of products  in use,  and others, will be con-
 sidered when selecting  products  for  regulation which  are  capable
 of affecting  the public  health or welfare.   This  is further dis-
 cussed in Section 2.1.7  of this  Docket Analysis.

 2.1.2  Product Usage Characteristics
     Characteristics of product usage received considerable atten-
 tion from  those  commenting on product  selection criteria.   Four-
 teen respondents  alluded  to the duration  and frequency of a prod-
 uct's operation  as  an important  factor in the selection  process.
Most of these  comments   suggested  that   products  in  use  continu-
ously, such as refrigerators and heat pumps, be given priority for
 labeling over products  used  only intermittently,   such as vacuum
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cleaners and hair dryers.  The UAW (540) recommended that EPA con-
sider  industrial  equipment  because  of the length  of  the exposure
to the  individual.  AHAM  (629) emphasized that home appliances are
operated at the  discretion  of the  family member,  and "that  a
direct  interaction  occurs  between  consumers  and  home  appliance
manufacturers."
     Four respondents cited the  location of  the  product  as  a fac-
tor.   Two  of  these mentioned the distinction  between stationary
and  movable  products  (456,953),  while  Congressman Elford  A.
Cederberg   (R-MI)  (568)  suggested  that  noise  outside  the  home
rather  than that  of household  appliances  be the  major  target  of
governmental activity.
     A  few  comments  referred  to the  number  of  people  affected  as
being a  selection criterion.  The Compressed Air and Gas  Institute
(910) cited the low exposure levels  of some of the products  of its
members, and  the Orange  County Hearing  and Speech Center  (950)
emphasized  concern with noisy products  to  which  many  children are
exposed.  (Also see  59,  176, 235, 504, 529, 553, 633, 953.)
     The Metropolitan  Washington Council of Governments  (COG)
(901) also  thought  that the number  of persons exposed to a  prod-
uct's  noise should  affect  product  selection.   In addition,  COG
mentioned  the noise  level, frequency  of use,  useful life, and
Product cost as  other  important factors.  In  other words, COG
feels the product which is used and  heard  by more people, has  a
higher  noise emission level,  is used for longer  periods of  time,
will last a greater number  of years,  and  is  more expensive  should
represent a higher priority  for labeling action.
Response;
     The Agency  will consider  product use  characteristies  such
as:  product location;  extent of population exposure to its  noise;
operating life  and  so  forth,  as aids  in  selecting products  for
regulation under Section 8.
     These  factors all  develop information that  aids  in  determin-
ing  the capability  of  a  product to  adversely  affect the  public
health or welfare.
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     These factors, among others,  are further discussed in Section
2.1.7 of this Docket Analysis.
     As mentioned in Section  2.1.1, the  Agency uses the World
Health Organization  [4]  definition of health,  and does not intend
to limit its regulation  of produces  to only those that may produce
hearing damage.

2.1.3  Effects of Noise  Emissions
     Comments  regarding  the effects  of noise  were frequently
raised relative  to product  selection.   Most of  these centered  on
the need for EPA  to  keep  health and welfare matters  at  the  fore-
front  in  its deliberations, with particular  attention granted
those products which  might have harmful noise levels.   Respondents
in the health  professions  often voiced  such  concerns,  noting  the
need for  health  warnings on some products and pointing out  the
secondary effects of  chronic tension and psychological disturbance
caused by some noise  sources (211,  579,  913, 927).   (See Section
9-3.)  A  number  of industry representatives  including  The Hoover
Company,  The Kirby Vacuum Cleaner Company, the Vacuum Cleaner
Manufacturers Association  (VCMA),  the Home Ventilating  Institute
(HVI), and  the American Rental  Association (648, 906, 651,  740,
908),  argued that products they  deal with had  not been proven
hazardous to the public health or welfare;  therefore, they should
not  be included  in  the  labeling  program.   Other commenters
stressed  the need for  EPA to  focus on products having adverse
health and welfare effects (622,  910).   Sears  Roebuck and Company
(709)  felt  that  only those products whose noise level  is detri-
mental  to health  or welfare be  included because  of the undue
burden otherwise  placed  on the manufacturer.
Reponse t
     This issue was responded to in  Section 1.2.2.
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2.1.4  Public Attitudes
     The Outdoor  Power Equipment Institute (OPEI)  (590)  directly
objected to the use of public attitudes  toward product  noise  as  a
selection criterion, contending  that attitudes are too "emotional"
and "subjective."   OPEI  opted instead  for  scientific  measurements
of noise levels.   Deere  (738)  felt that the  variability  and  sub-
jectivity of  public attitudes would  render their  application as
a criterion difficult.   The VCMA  (651) expressed  concern  over the
negative publicity given to vacuum  cleaners in  the EPA public
hearings,  fearing  that this publicity would adversely affect
public attitudes  on the need for  noise  labeling  their products.
The Hoover  Company (648)  cited  industry  surveys  showing  little
concern with  noise  by  prospective purchasers of vacuum cleaners.
Response;
     Because the protection of the public health  and welfare  is at
the forefront of  the noise  labeling program,  public attitudes and
reactions regarding the  noise  levels  of products  represent  solid
and important  criteria for EPA's product  selection,   EPA  agrees
that product  noise levels  alone  mean little  when isolated  from
their health and welfare effects.

2.1.5  Voluntary Actions by Industry
     Several  industries  suggested  that  EPA  not  choose  products
for mandatory  labeling if the industry  has an ongoing voluntary
labeling program or proposes an effective program  for the future.
International   Snowmobile Industry  Association  (ISIA)  (905)   and
The Air Conditioning and Refrigeration Institute  (ARI)  (902)  each
explained  their respective industry's  voluntary noise  testing  pro-
grams which,  they asserted, could serve as examples  of  adequate
voluntary  noise programs with minimal EPA alteration  and  involve-
ment.
Response;
     The Agency's position on  voluntary  labeling programs  was
Discussed  previously in Section  1.1.1.
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2.1.6  Third-Party Effects
     Eight comments addressed the problem of product noise effects
on third parties as it relates to the choice of  labeling a product
or regulating its  noise  emission properties.  The Minnesota Pollu-
tion  Control Agency  (953)   testified  that EPA  should categorize
products  into  those  affecting:    "the  user only,"  "the receiver
only," and "both".  Several  citizens supported the idea that prod-
ucts  whose  noise  significantly  adversely  affected  third parties
should be subject to regulation  rather  than  labeling  (107,
344, 425, 504,  535, 935).
     ARI  (902),  referring  to the Draft  Background Document for
Product  Noise  Labeling  - General Provisions  (EPA  550/9-77-253)
[5],  questioned  whether  its industry's products  were considered
the type in Category C that  might affect third parties and thus be
considered for  noise regulation  instead  of  labeling.
Response;
     Since the decision  on  whether a product  should be subjected
to noise  labeling  action or not-to-exceed  noise emission regula-
tions  involves  a  careful analysis  taken on  a  product-by-product
basis, the  Agency cannot state  what products will  be considered
for each type  of  action in the  future.   Therefore,  the  Agency
struck from  this  Background  Document the erroneous generalization
included in  the  Draft Background Document  (EPA 550/9-77-253)   [5],
that "Outdoor equipment in Category C ... is not a candidate for
labeling; if it were  very noisy,  it  would be a  possible candidate
for standard-setting regulation."

2.1.7  Other  Considerations
     This subsection summarizes  a number  of  comments  that  per-
tained either directly or indirectly  to the selection of products
for labeling.
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     The Compressed Air  and Gas  Institute  (CAGI)  (910)  argued
that  no  useful purpose would  be  served  in individually labeling
products used  in  a work  place  already  subject  to OSHA standards
for noise  at the worker's  ear,  a  standard  that incorporates the
whole work environment.
     CAGI and  ISIA  (910,  905) urged  EPA to set forth clear cri-
teria  in  the regulations for product selection.   John Deere and
Company  (930),  while  not  specifying selection  criteria,  recom-
mended consideration of products  on  a case-by-case  basis.   Deere
(738)   later  urged the development  of objective criteria, prefer-
ably  quantitative,  but  it  could  not specify  classes of products
appropriate for  labeling.  Similarly,  an attorney  (621)  urged
individual consideration of products  in  terms  of noise character-
istics, testing procedures  and labeling  susceptibility in lieu of
general criteria.
     One citizen  (247) took  the  broad view that all products with
electric motors should have  noise  labels.   The  Acoustical Society
of  America  (ASA)  (333)  suggested  that  products with  sound-level
controls, such as  TV's and stereos, should not  be labeled.
     Two academic  hearing specialists,  commenting  jointly  (405),
suggested that EPA delay  labeling  products with  particular charac-
teristics,  such as tonal  components and intermittency.
     Several  respondents,  mostly from  industry,  indicated that
products which  are  components  of  other  products or which operate
in  varying contexts  or  environments pose  special  problems and
should not be subject to  noise labeling  (660,  907, 922, 952).  An
acoustical consultant  (952)  suggested a phased  program of label-
ing,  selecting  the  more  easily-rated products  such  as household
Appliances first,  and moving on  to complex and  component products
later.  An  official  from  the  Minnesota  Pollution  Control  Agency
(953)   preferred a strong program  with  only a  few products being
labeled to a weak  one  covering many products.
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Response;
     The Agency's consideration of  these  and  other product  selec-
tion criteria  does  not  involve questions  of  its  statutory author-
ity.   It  is evident from Section 8 of the Noise Control Act that
the Agency has a nondiscretionary  duty  to designate and  label
noise-producing products found to  be  capable  of  adversely affect-
ing the  public health and welfare,  and any  products sold on the
basis  of  their effectiveness in  reducing noise.   The original
16 factors  cited  in the Notice of Proposed Rulemaking  (NPRM) (42
FR 31723,  published  June  22, 1977)  [6], and those suggestions
offered in  the public docket, have been  assessed, rewritten, and
augmented.  There are now  at  least 20 criteria that EPA will use
in deciding which  products  it  will  consider  for  noise labeling
among all those products within  its authority  to  label.
     While  the Agency will  consider these and  other factors  in
selecting products  for  labeling  action,   there will  be no  firmly
established criteria.   Since  the  decision to label could be made
on any one  factor,  a mathematically precise formula to determine
if noise  labeling  of a  product will or  will  not  be required  is
virtually impossible.  The Agency welcomed the above comments and
will give  them due  consideration  in the  process  of  determining
what products should be  labeled  first.
     The following  list represents  those factors  which  the EPA
will use in deciding  on  the  products it  will consider for possi-
ble noise labeling regulatory  action.

       Criteria  for  Selecting Products  as  Initial  Candidates
                       for  Noise Labeling
(The order  in  which these factors are listed does not  necessarily
represent their  relative  importance  in   the  selection process.)
1.    (For  noise  producing  products) Is  the  product noise  level
     sufficiently high  to be potentially  capable  of producing
     an adverse health or welfare impact?
     (For noise reducing products)  Does the  product  have a  noise
     reducing  capability and is  the product sold  wholly  or  in
     part on the basis of this capability?

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 2.  is  the  product used in a  location  or in a manner that makes
     an. adverse health or welfare  impact  possible?
 3.  is  there  a potential for  the  product to be misused?   (e.g.,
     aerosol  operated  horns  in a crowed,  decorative ceiling tile
     used as  sound absorbing  ceiling tile).
 4.  Does the  product  noise affect  a  large  number of  people?
 5.  is the noise from the product  likely  to  impact  more non-users
     (i.e., third parties)  than  purchasers/users?
 6.  Is  the product  used by the purchaser  or household members,
     and  does  the adverse noise  impact  of  the  product  fall pri-
     marily on  the purchaser  or  household members?
 7.  Are  there  large numbers  of  the  product types  in  use?
 8.  Are  there large  numbers of  the product types  being manufac-
     tured/sold?
 9.  Is there a significant range in the acoustic performance from
     model to model?
10.  is there a high  frequency of purchase so that purchasers have
     the  opportunity  to  use  the  labeled  noise  information often
     in making  a purchase decision?
Hi  Do  the  future  trends in the product's population, design, or
     use  suggest noise labeling  benefits?
12.  Do purchasers desire a quieter noise  producing  or more  effec-
     tive noise reducing  product?
13.  Can the  acoustic performance  of some  or all  models  of  the
     product  be improved?
14.  is there currently a lack  of  acoustic  information?
15,  Would Federal  labeling  be a  significant  improvement on  any
     existing product noise labeling?
16.  Would labeled noise information  be useful to.purchasers/
     users, and Federal,  State  and  local noise ordinance enforce-
     ment organizations?
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 17.   Is it desirable for EPA to augment existing or planned noise
      emission/noise  attenuation standards  by  labeling a  product
      with  noise  information?
 18.   Are the acoustic data necessary to the development of product
      noise  emission/attenuation  standards  currently  available?
 19.   Would the  prospect of Federal labeling  promote voluntary
      labeling by manufacturers?
 20.   Is there  a readily available  measurement  methodology for  the
      product types?
      The EPA will  conduct pre-regulatory studies to  develop data
 information concerning  these factors for the products  or  product
 classes that it selects as potential candidates  for labeling.

 2.2   NOISE-REDUCING PRODUCTS
      Although noise-reducing products  are discussed  in  other sec-
 tions in  conjunction  with various  issues,  there  are  certain
 matters  raised  by commenters  concerning these  type of  products
 which are not addressed elsewhere.
      Only a few commenters actually suggested noise-reducing prod-
 ucts  for  labeling  action.   Products mentioned  and  the number of
 respondents are listed below.
          Acoustic tile (2)
          Ear protectors (2)
          Barrier devices (1)
          Walls in new homes (1)
          Wallboard (1)
          Acoustical  doors (1)
          Aluminum doors and windows (1)
     A  number  of commenters cited  problems in  developing  a de-
scriptor,  rating  scheme, or  testing methodology  for specific
product classes.  Manufacturers of  acoustic tile,  mufflers,  and
fiberglass   (641,  652,  631)  -  as well  as  acoustical engineering
firms (147, 952) - strongly  emphasized the difficulties involved
in using a  single  descriptor to characterize the noise reduction
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 capabilities  of a product.   One factor cited was the  differences
 between  two descriptors presently used by the construction  indus-
 try,  the NRC (Noise Reduction Coefficient) and the  STC (Sound
 Transmission  Class)  in  the properties  they described, and  thus the
 impossibility  of choosing  one over  another.   A new  descriptor
 would  create  more confusion considering the  acceptability  of these
 two descriptors,  according to one commenter  (641); and one  manufac-
 turer  (631)  contended  that the average purchaser  could  not even
 judge  the  significance  of these two common descriptors or the
 noise  isolation  class  (a  single  number rating of noise  reduction).
     A second factor mentioned as working against the concept of a
 single  descriptor is  the  interdependence  between  noise-reducing
 products  and their  environment  (743).   A  spokesman  for Kodaras
 Acoustical  Laboratories (647) expressed serious reservations about
 labeling  a  product whose  acoustical  performance  can vary  signifi-
 cantly depending upon  its  installation.   Owens-Corning Fiberglas
 Corporation  and  Johns-Manvilie  Corporation  (631,  692)  also stres-
 sed the  need  to consider  the total  system  in which  the product is
 fitted or used,  and  advocated  the labeling  of  finished   systems.
 Walker Manufacturing, and  the Automotive Exhaust  Systems  Manufac-
 turers Committee  (AESMC)   (652,  710),  commenting specifically  on
 the  implications of  labeling their  products,  felt  that  a single
 descriptor for replacement exhaust systems was impossible, because
 each muffler  is  designed  to be  used  with  various  makes and models
 °f automobiles  - thereby  resulting  in varying  noise reduction
 capabilities.   The  Walker  Manufacturing Company  recommended  a
 "statute  sound   level1*  approach  for exhaust system parts rather
 than confuse  the  car  owner  with  label information.    Commenters
 (610,  710)  discussed  other  problems  and prospective solutions
 associated  with exhaust system  acoustic  evaluation in  great
 detail.
     While  recognizing  the shortcomings of  existing  noise-reduc-
 tion ratings  (due  to  manipulation  of measurement  methodologies
and the  intervening  environmental  variables),  a  partner  in an
acoustical consulting firm  (952)  admitted such information  would
b® useful for the individual consumer in the  case  of some  products
 (e.g.,  acoustic  tile).
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     Certain comments  pertained  to the measurement  methodologies
employed  in rating  noise-reducing products.   Accepted  American
National Standards Institute and  the  American  Society  for Testing
Materials standards  were  recommended  for  testing purposes by  two
commenters (631,647), one of whom urged close consultation between
EPA  and the National Bureau  of  Standards (NBS) regarding  the
development of rating schemes and test methodologies.   The spokes-
man  for AESMC  (652)  maintained  that  muffler  labeling could  not
proceed until  a  test procedure for determining a noise  reduction
rating was developed  and  agreed upon.   The spokesman  for  the  Noise
Control Products and  Materials Association  (743)  noted that  a
single  number  would  not  adequately describe  its members  products'
noise reducing properties.  He urged  EPA  to  consult with  a number
of established  associations  in  the  field t'o develop  suitable
rating methodologies.
     A  final  comment relating to  noise-reducing  products is  the
assertion that the acoustic tile marketed  today are  in compliance
with the 1972  Noise  Control Act, since  they  have labels  providing
noise rating information  (641).
Response;
     These recommendations  and observations will prove useful to
the  Agency  in  its consideration of  labeling  actions  for noise-
reducing products.  Of course,  the  issue of whether or  not a  prod-
uct  is  in  compliance with the  1972 Noise Control Act  is  meaning-
less  until  regulations  affecting  that product  are promulgated.
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                    SECTION 3:  LABEL CONTENT
3.1  COMPARATIVE ACOUSTIC INFORMATION
     The concept of  including  of  comparative  acoustic  information
on  the  label elicited strong  reactions,  both negative and posi-
tive.   Many  private  individuals  and  local government officials
expressed support  for  the proposed  range data or some other  com-
parative  information,  and several  persons recommended revisions
or additional material to improve on the proposed format.  A  num-
ber  of  persons felt  the comparative  information  was essential
                                            i
to  the  label's  success.   In  contrast,  most  industries expressed
serious reservations  about  the  use of  the  range or any other
                        i
comparative information.
     Persons supporting the  inclusion of a  range  indicator  usually
did  so  because  they  felt the  noise  rating could not stand by  it-
self.  Some sort of a scale  was often considered  necessary  to  give
meaning to the  rating.   Specific  suggestions as to the exact
nature of this component  of  the label varied widely.
     One recommendation entailed the construction of schemes  uti-
lizing  comparisons between dissimilar  products  (942) (although
most commenters  endorsed  the  concept of comparing  only  within a
given product class).   The Environmental Management Agency of
Santa Clara County (942)  and a citizen  commenter (706) urged  that
the  noise  rating be contrasted with the  noise  level  of  another
Product with which the consumer is likely to be  familiar (e.g., a
quiet refrigerator).   The Secretary of  the  Illinois Department of
Transportation  (198)  and the  President's  Office of Consumer Af-
fairs (623) suggested the use  of visual effects  such as an actual
spectrum of noisy products with an indication of where a particu-
lar product falls, or  the use of  a  color-coded  description which
Provides a range.
     Both the Iowa Department  of  Environmental  Quality (926)  and
the  California Department of  Health   (948)  suggested that  the
range be related in some  fashion to  the health and  welfare of the
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consumer.  The  latter urged  that the label  cite the values  at
which certain effects could be expected to occur.  A private indi-
vidual  (537)  agreed with  this,  arguing  that  the level  at which
speech  interference occurs should be clearly  indicated  on  the
label.
     Recommendations  on how the  currently proposed  range  scheme
could be  improved included (a) the addition of  the  average noise
rating  to compensate  for  extreme  values  within a  product class
(166, 623) and (b) the clarification of which pole of the spectrum
was  "better," or quieter  (198).   Sears,  Roebuck  and  Company (709)
urged that EPA establish a comparative basis  fair to all manufac-
turers  involved.   The  Department  of  Commerce  (745)  recommended
consideration of  its  comparative  approach in  the Voluntary Energy
Labeling Program, and suggested that EPA acknowledge  its responsi-
bility for maintenance of range data.
     Manufacturers and  representative  trade associations  were  for
the  most  part very  opposed to  the incorporation of  comparative
information on  the  label.   The  Compressed Air  and  Gas Institute
(910),  Chrysler  Corporation  (672), and  the   Motorcycle  Industry
Council (713)  objected to the  provision of such information basic-
ally because they believe  that the EPA has no  statutory authority
to require the  manufacturer to  provide this information.  The
Chrysler  Corporation  based this  argument on Section  8(b),  which
requires that notice be given of  "the  level of noise"  the product
emits.   They  also  felt the rating would force  manufacturers  to
advertise competitive products and could lead to  antitrust expo-
sure in certain cases.
     A number of companies expressed concern with the difficulties
in ascertaining  what constitutes  a product  class.  The Ford Motor
Company (907)  indicated that  EPA must establish  "suitable" cri-
teria concerning what  constitutes a product class before product
comparisons that  are meaningful  can be made.   The Counsel  to  the
Power Tool Institute  (PTI)  (565), Black and Decker  Manufacturing
Company (577)  and the  Outdoor Power  Equipment   Institute  (OPEI)
(590) all  felt  that  classifying  products  according  to  type was
                                154

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very difficult.  OPEI  particularly stressed the importance of
defining the range  so  that it included products which were truly
comparable.  The  Computer and Business Manufacturers Association
(662)  argued that  all  products in a  class must have  identical
functions.  They felt  they "would not be  in  a position  to define
appropriate product classification within  (their) industry because
of the complexity of product types."  The General Motors Corpora-
tion (622)  mentioned various problems with a noise range, such as
the lack of  information about the distribution of products across
the range,  the type of products being considered,  the  cost of
products, and the  meaning  of  the  size of the  range.
   ,  Concerns were  also  expressed  about  the  general  validity of
noise information or the ability to update the information at the
rate that products are  produced and  altered.   Hilti Fastening Sys-
tems,  Inc.  (671)  stated  that for their  products, roughly "the
average time between major product class changes is about the same
as the  average  time for manufactured products  to  reach the con-
sumer,"  so that  the  information can  never  be  up to  date.  The
International Snowmobile Industry Association (548) argued that a
range was inappropriate for their products because  testing methods
are not precise enough and the range is really  quite  small.  The
J. I. Case Company  (526) felt that requiring a range on the noise
label would unnecessarily  increase the cost burden on  the manufac-
turer.  Other concerns were varied with  respect  to the effective-
ness of  the  range  on  the consumer's ability to  make decisions.
The General Motors Corporation  (622) observed  that the range gives
no indication  of the distribution of the  products  within that
range,  and  Rapistan,  Inc.  (166)  supported  the inclusion  of  the
average value for the product classes for  that reason.  The J. I.
Case Company (924) and the  Air Conditioning and Refrigeration
Institute (902) expressed  concerns  about  the range as misleading
fche consumer with  respect  to the availability of  products in his
area and giving  disproportionate weight  to  a factor  (noise)  not
                                155

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central  to  the  product's  function.   Hilti Fastening Systems,  Inc.
(671)  stated  that the range  "will  tend to mislead  the  unwary  or
the  lazy, who may use it  as  a crutch  in making  a  poor  decision,
ignoring more important factors...."
     The General Motors Corporation (622) urged that space be  left
on  the  label  to allow for clarifications in cases  where  it might
be  necessary, because  "a  noise  rating  set into a  noise range  will
not  by  itself convey  an  unmistakable  message  for  all products."
Response;
     EPA will  retain  the  comparative acoustic  information in  the
program, although  its  exact  format will be determined on  a prod-
uct-specific basis.    Inclusion  of this  comparative  range  is
essential for a  clear  understanding  of  the  noise  level rating  and
EPA  will endeavor throughout the  program to provide  the best
possible acoustic  information  to  the consumer.   Inclusion of  the
comparative acoustic  information  lies within  EPA's  authority  for
the  program.  The statutory language of Section 8(b) of  the Noise
Control Act of 1972 sets forth the minimal requirements for notice
of  the  level  of  noise of designated  products and, further,  the
range  information  is  considered implicit  in  such "notice."    EPA
will address  the issue of what comparative information  is appro-
priate for  a  particular product or class of products at  the  time
EPA  proposes  and/or promulgates  a  labeling regulation  for  that
product.  Should the  Agency require comparative  information on  a
label, EPA will  provide such  comparative  information to  the manu-
facturers  and  periodically  update the  information,  generally
after monitoring  and  analysis  of  the non-proprietary data in  the
reports manufacturers  submit as part of their  compliance  require-
ments.

3.2  DESCRIPTOR
     There was little  criticism of the  use  of  a descriptor on  the
label or of its proposed location.   However, a  major trade associ-
ation (902), felt  that the possibility  of re-rating  products  fol-
lowing compliance testing  made it  potentially expensive to include
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the  actual noise  measurement  on the product rather  than in a
directory. Fasco Industries (197), argued  for  a warning  on danger-
ous products instead of a rating.
     The  general  characteristics  thought  to  be  important  for a
descriptor  among  the respondents were  uniformity across product
classes,  simplicity,  and understandability.  One  manufacturer
(924), thought that  uniformity  across product  classes,  because of
product differences, would be of little  comparative value -  though
he stressed the  critical  need for descriptor  uniformity within a
class.   Despite this  agreement  on characteristics,  there were
different opinions as to the kind  of descriptor that  best fulfills
these requirements.
     Several acoustic  descriptors were recommended  for possible
inclusion on the label.   In  some  instances, the respondent  (espe-
cially in cases of manufacturers)  was  basically concerned with  the
descriptor to be used for  his particular product, rather than  the
general utility of  a given descriptor.  The suggested descriptors
are  noted  below,  with the number of  respondents  suggesting each
one given  in parentheses.   It should  be noted that  in  some cases
e.g.,  sound  pressure level,  the  respondent  is referring  to  the
acoustic parameter  used  to derive the descriptor rather than  the
descriptor itself.
          "Numerical" (5)
          Decibels (10)
          Noise Power Emission Level  in  bels  (3)
          Product Noise Rating in  decibels  (1)
          Sones (2)
          Leq (2)
          Rating scale,  1-5 or 1-10  (3)
          Symbols (2)
          Narrative descriptions (3)
          Color code (8)
          STC and NRC for sound-reducing products  (2)
          Sound pressure level and sound power level  (1)
          A-weighted sound power level (1)
          "Perceived noise" decibels  (1)

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     The vast  majority  of  commenters  supported  some  type  of  scale
 involving  numbers  which truly showed the capability of the  prod-
 uct.   There was little support  for using symbols,  word  descrip-
 tions, or a 1-10 rating scale.
 Response;
     None

 3.2.1  Decibels or dB(A)
     The most  popular descriptor seemed  to  be  the basic unit of
 noise measurement  -  decibels -  with  many persons suggesting  the
 A-weighted  scale,  or dB(A).   Manufacturers  and private  citizens
 alike were of  this opinion.   For example, ARI (729)  suggested  the
 use  of  dBAs for home  consumer  products (Sound  Pressure  Level at
 1 meter),  while the  Power Tool Institute and Black  and Decker
 (565,  577) advocated  the  use of bels, the parameter being  the
 Sound Power  Emission  Level. The Chairman  of the Subcommittee on
Noise Standards for the Acoustical  Society of America (555) argued
 in favor of the Product Noise Rating  (PNR) expressed in decibels,
 defined as  the space  average of A-weighted sound level at a dis-
 tance of one  meter from a  noise source over a reflecting plane.
The  Ford Motor Company (907), Outboard Marine  Corporation (660)/
Sears,  Roebuck  and  Company  (709),  and the  Home Ventilating
 Institute  (740)  felt the  major  disadvantage to  using dB(A)  (or
decibels)  is  the  public's  lack  of  knowledge about  this  unit of
measurement.
     Two audiologists (405), who suggested using sones, mentioned
a number of reasons why dB(A) should not be  used as  a  descriptor:
     •   The  A-weighted decibel  is measured  on a logarithmic
         scale that would  be difficult for the  public to use  and
         understand.
     •   The  A-weighted decibel captures subjective responses to
         noise more poorly  than  other  calculation schemes.
     •   The  public will have to be further educated  about  dB(A)
         or any other  rating system and  thus  a more  appropriate
         descriptor might just as well  be  used.
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     •    The consumer  does not own a  sound level meter  and is
         not directly involved  in monitoring  and enforcing regula-
         tions - thereby making it  superfluous to increase (their)
         sophistication concerning  dB(A).
     •    It would be difficult to  incorporate in this (noise mea-
         surement)  unit  refinements made  in  measuring subjective
         effects of noise.
     In contrast to these criticisms of  decibels, there were posi-
tive points  ascribed  to their use.  First,  several persons men-
tioned  that the public already  knows about  decibels, and  any
public  education  campaign  would be  building on a  foundation of
knowledge, albeit quite  limited.   The  Chairman of the Acoustical
Society of America  Subcommittee on Noise  Standards  (555) claimed
we are  becoming  "a  noise conscious people, with frequent contact
with A-weighted sound  levels  of various  devices and machines,
such as  automobiles,  trucks,  aircraft, etc."   An  expert  in  the
acoustics field  (909)  stated that  the  public could  learn to deal
with  the logarithmic  scale - the major  problem area  in  using
<3B(A)s.   A  professor commented that the dB(A)  rating is already
meaningful and could easily  be assimilated by the population and
that his  students quickly learn how to  use A-weighted sound level
in units of  dB.
     Second, a descriptor  using  decibels  provides the uniformity
needed  to permit consumers  to learn  from individual purchasing
experiences across  different product classes,  whereas  a 1-10
rating system  would  presumably have  different  dB(A)  ranges asso-
ciated  with  identical  numbers in  the   case  of  different product
classes.
     A  third  advantage  was cited  by individuals  responsible  for
enforcement  at the  state or local level  (941, 953).  They asserted
that having  the  noise  level of a  product  printed  in  decibels on
the label would  help enforcement officials,  who  need  to  know the
exact noise  level  and  not the range within  which  the product is
located  (as would be  provided by a 1-10  scale or by symbols).
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     A  fourth  advantage of  using  decibels is that  the  consumer
already knows the actual noise level of the product, albeit under
certain  testing  conditions.    However,  if another  rating  scheme
such as a 1-10 scale were used, the person would need to know the
mechanics of that  scale to  calculate the  actual noise  level.
     Two  people  commented that the use of decibels  by  consumers
in  their purchasing  decisions  would help  in  making them  more
knowledgeable about  noise  and  more noise-conscious  (951,  731).
Another commenter (953)  stressed the  fact that  ratings  for noise
reduction products  (e.g.,  Sound  Transmission  Class (STC)  and
Noise  Reduction Coefficient (NRG)) can  be  translated to dB(A)
quite easily, and that environmental noise is measured with dB(A)
schemes  (e.g.,  equivalent  level  sound (Leg)   and  day-night  sound
level  (Ldn)).   Thus',  use of  the dB(A) can  assist  in furthering
knowledge about these other descriptors, as well as providing
greater  flexibility  in how  the product ratings  can  be used.
Response;
     None.

3.2.2  Color Code
     The Office  of  Consumer  Affairs (623),  the  Citizens  Against
Noise (903,  940), and  several  persons speaking in a private capac-
ity suggested  a color code  for  the label.   A  color scheme  was
thought  to  be  important to  facilitate  comparison shopping  by
consumers, and was primarily  viewed as an adjunct  to  a  numerical
rating, such as  in units  of dB.  one comment (952) referred to the
fact that a color scheme would communicate the "noise" message at
first glance, rather  than  requiring a thorough  understanding  of
noise.    Several  color schemes were  suggested,  each of which  in
some way related  to the  "traffic-light" system of red-yellow-green
(928,  903, 940).  Two schemes offered are noted below:
     1.   Red = +70 dBA
         Yellow  = 50-70 dBA
         Green =  -50 dBA
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     2.  Scarlet = +85  dBA
         Orange = 80-84 dBA
         Yellow = 75-79 dBA
         Blue = 70-74 dBA
         Green = -69 dBA
     The advantages  of a  color code  are implied  in the above
comments -  namely, the ease  with which  it  can communicate  the
message.   Several commenters  noted  problems  with a  color  code,
however. One person  (940) said there could be a problem where  two
ratings were needed -  one at  the  operator's  ear and  another some
distance away.  The Chairman of  the ASA Subcommittee on Noise
Standards  (555)  criticized the  use of any  "disguised rating"
(i.e., color or  1-5 scale)  -  at least when used  alone  -  because
the public  can and should  learn  more about  noise  measurement,
because any  system using  ranges  penalizes products  at  the  lower
end of the  range for  which a certain rating  is given  and unjustly
rewards the  noisier product, and because the best available infor-
mation  should  be given.  Disadvantages of  color codes or  other
categorized  schemes cited  by  two  experts  in  audiology (405) were
the loss of  information, the  lack  of incentives for  noise  reduc-
tions  within  categories,  and  the  multiplicity  of color  schemes
required for different product classes plus  the resulting  confu-
sion.
Response;
     None.

3-2.3  Other Suggested  Descriptors
     Besides color codes,  other categorized  schemes  recommended
were rating  scales,  symbols (though none were  specifically men-
tioned), and word descriptions such as "loud-irritating-quiet"  or
"very noisy-noisy-etc." (329,  451,  466,  475).   The advantages  and
Disadvantages of these descriptors that were  mentioned in  the
Docket  were basically  the  same as those cited with respect  to
°olor codes.
                               161

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     Another possible  descriptor mentioned was  the sone (405,
740), which was recommended because:
     •    The scale  is  linear and absolute and thus avoids the
         problem of  consumer understanding posed by  a logarithmic
         scale.
     •   The measure is internationally accepted.
     •    It  would  promote  understanding of direct  measures of the
         subjective effect of noise.
It was stated, however,  that less is  probably known about  the sone
than the decibel.
     There  seemed  to be  support from  some  industries for using
commonly accepted descriptors where  possible.   Thus,  the' Air-
Conditioning and  Refrigeration  Institute  (729 and 707) suggested
the SRN  (Sound Ratirtg Number) for unitary  air conditioners, STC
(Sound Transmission  Class)  for  construction materials,  and NRC
(Noise Reduction Coefficient)  for   sound  absorbing   construction
materials, noting that  consumers could  understand  a  limited vari-
ety of descriptors.  The Celotex  Corporation  (641), a manufacturer
of acoustic  ceiling  products,  said  that any new descriptor would
only add confusion in light of the use of accepted indicators.  A
member of the Acoustical Society  of America  (333) also gave indus-
try acceptance  as  the rationale  for  using STC, NRC,  and  SRN.
Response
     None.

3.2.4   Single or Multiple Descriptor(s)
     Besides the choice of a descriptor, another issue is whether
or not  a single  number (or symbol)  will be sufficient  to accu-
rately rate certain  products' noise emission levels.    The Automo-
tive Exhaust Systems Manufacturers Committee  (652) commented that
a single rating  for  replacement exhaust systems was  not possible,
because of the  complex  array of variables affecting  noise reduc-
tion.   The Owens-Corning  Fiberglas Corporation  (631), a manufac-
turer  of  glass fiber  sound  control materials,  said  a  single number
                                162

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would be meaningless for its products, without information on the
mounting and construction technique.   He  said there are problems
even when  the  standard  descriptors,  such  as NRC, STC,  and NIC
(Noise Isolation Class),  are  used because each describes a differ-
ent property of noise-reduction performance.  Mercury Marine Cor-
poration  (281) raised the  same issue with respect to pleasure
boats.   They  wondered  if   a  single  rating would  be based  on
"passby" or "interior"  noise.
     In contrast  to these  specific references to products,  an
acoustics  engineer  (909) described  a  general case  where  two
descriptors might be needed.   He  noted that the A-weighted sound
level  is  the most useful descriptor, but  where noise exposure
would vary  significantly depending  on  the  product's environment,
the noise  power emission should  also be used  and could  be ex-
pressed in bels to avoid  confusion.   He mentioned a fire alarm as
a product  where  the sound power  emission  level would be  a more
accurate indicator of  loudness.  Another  instance  where multiple
numbers may be  needed  is  the  case of variable speed products, such
as blenders, where the operating range may  be important.   Johns-
Manville Corporation (692)  also recommended  against  the  use of a
single  indicator.
Response;
     None.

3.2.5  Criticisms  of Proposed Descriptor Format
     Two other  descriptor-related issues concern perceived limita-
tions with  the proposed  label.   Two comments  (147, 193)  stated
that the label  did not  clarify whether a higher number represented
a more  noisy or  less  noisy  product.   The Office of  Consumer Af-
fairs  (623)  commented  that   the noise  rating must  be  explained.
TWO companies noted that  the word  "noise"  on the descriptor label
has a  negative bias  (709,  740);  the substitution of the  word
"sound" was suggested.
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Response to 3.2.1 through 3.2.5
     The Agency decided that as a matter of policy in implementing
the  noise  labeling  program,  it will  use the  A-weighted  decibel
(dB(A))  as  the acoustic  descriptor for  noise  emitting  products.
We believe  that its current  widely accepted use  as  a descriptor
for  sound, coupled  with  other positive aspects  such as uniformity
and  the  ease  and accuracy of  comparison, outweigh whatever unfa-
miliarity the public may currently have with this term.
     An  issue  closely  related  to  the acoustic descriptor  is the
acoustical parameter that the  decibel represents; that  is sound
pressure or power level.   Current Federal noise emission standards
are  in terms  of  an energy  averaged  sound pressure level  at a
designated distance  from the  noise source.  While the A-weighted
sound  pressure  level is  an accurate  representation of the inten-
sity of noise  as it  is experienced  by the human ear,  it is gener-
ally unique to the location  at which  it is measured.   The% sound
power level of a product is the rate at which it releases acoustic
energy to  the  environment and  is  therefore independent  of loca-
tion.  Sound power  is  calculated  from sound pressure  measurements
at multiple locations around the product.
     In keeping with the Agency's intent to provide uniform acous-
tic  descriptors  across all product  lines,  we  have adopted sound
pressure level at one meter (approximately 3 feet) from the source
as the acoustic parameter for noise  emitting products.   However,
we recognize that  there  will  bo> product-specific situations where
a single value noise rating is best obtained under test conditions
which  favor  the determination of  sound power  and  the subsequent
calculation of sound pressure.   The  Agency will  determine,  on a
product-specific basis, the most appropriate technique for obtain-
ing  a  single  value  product  Noise  Rating in terms of A-weighted
sound pressure.
     The acoustic parameter and descriptor that best characterizes
the  noise reducing qualities  of a  product is very much design and
application dependent.
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     Noise  reducing  products  will,  in general, be  characterized
by different  acoustic parameters and  descriptors  than those  ap-
plicable to noise  emitting  products.   Sound transmission  loss  and
sound absorptioh are  two  of the more  widely  used  acoustic  param-
eters.   Their respective  acoustic descriptors are the decibel
and the  sabin.   However,  there  are  other possible  acoustic  param-
eters and descriptors  that may be more suitable on a product-
specific basis.
     The choice of a  noise  emission or noise reduction descriptor
is not specified as a regulatory requirement in the General  Provi-
sions for  noise  labeling.   However, there will be a Noise  Rating
(NR)  or  Noise Reduction Rating  (NRR)  for every product designated
for noise labeling.   The  choice of the acoustic parameter  and
descriptor will be included as a regulatory requirement on a prod-
uct-specific basis  in future subparts to this rule.
     One  important  aspect  of  the  EPA noise label  is that  the
Noise Rating  or  Noise Reduction Rating  is  to be determined by  a
Federally specified  and uniform  test method.   In many  cases,  the
test methods will not  be  able  to  simulate  the wide variety  of
actual environments  in  which the products  will be  operated,  and
therefore,  the  noise levels shown  will  not necessarily be  those
which users will  actually  experience.
     The  levels  will,  however,  provide an  accurate  indication  of
the relative  noisiness  of  similar  products  when they  are  tested
in a  uniform environment  that  best  reflects those important
aspects  of their  acoustic  performance.
     The  EPA  believes that the  positive  aspects of  this  choice,
namely the  uniformity,  ease,  and accuracy  of comparison it  will
afford,   outweigh whatever unfamiliarity  the public  may currently
have  with  this  term.   The  Agency  also  believes that the  use  of
Decibels will  accustom  the public  to  the concept  of  sound  level
and the  use of  the  decibel notation, the most widely accepted
Descriptor for sound.
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3.3  MANUFACTURER AND PRODUCT IDENTIFICATION
     Eight  comments were  received from  industry concerning  two
general  iss.ues:   the inclusion  of any  manufacturer in  product
identification information and the form of the disclosure.   Flents
Products  Company  (904),  Industrial  Safety  Equipment  Association
(697), Black  and  Decker Manufacturing Company  (577),  and  Counsel
to  the Power Tool  Institute  (565)   all objected  to requiring
identification of  the manufacturer  and   product  on  the label  if
it duplicated  information  found  elsewhere on the  product.   Aural
Technology (949)  felt that  duplication  was no problem.
     The  International  Snowmobile Industry Association  (548)
objected  to  the  inclusion of  any of  this  information  because  of
the  added  expense  this would  cause  in the  printing  and  applica-
                     /
tion of the label.
     Other docket  entries  raised  the  issue  of whose  name should
be on  the label, the distributor or the manufacturer.   The  Associ-
ation  of  Home  Appliance  Manufacturers  (629)  suggested the  use  of
the  brand  reseller's name on  the label.   Aural  Technology (949)
indicated that  identification  of the  company  introducing  the
product into  commerce  was  sufficient,  since records kept  by  this
company could be  used to  locate the original manufacturer.
     The Environmental Protection Officer for the City of  Boulder/
Colorado  (951) set  forth  the difficulties with  this  issue across
product classes.   For motorcycles, where component parts  such  as
the  exhaust  system  are manufactured  separately,  he differentiated
between stock  items and after-sale  items.    For stock items  the
name of the  distributor  introducing  the  product  into  commerce  was
sufficient because his records could be used to trace the  original
manufacturer.  For after-sale  items it would  be  necessary  to
include the  manufacturer's  name,   in addition  to the name  of  the
manufacturer of  the motorcycle for  which the part was  intended.
Hilti  Fastening  Systems,  Inc.  (671) expressed concern  about
including  more than one  name on a label.   Including both  the
distributor and the  manufacturer  on  the  label  would  cause  market-
ing  problems,  they   felt,  though  in some cases  the  distributor's
name is more appropriate  for  a  product.

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     Two  comments  from industrial concerns (904,  910)  raised
the  issue that  the present Act's  definition of manufacturer  is
unclear.   Imported products were cited  as  a problem area by one
person, who was concerned about the  label format  and the  difficul-
ties that excessive information  might  cause.  The  other industry
representative suggested EPA designate a  number  code  that  identi-
fied manufacturers,  so that only  a number would  appear on the
label.    An  alternative  would  be  to hold  the private labeler
responsible for  the label,  rather than the manufacturer,  so that
private labelers  would  continue  to have  control over the label.
Response:
     The Noise Control Act of 1972 defines "Manufacturer" as mean-
ing "any  person  engaged in  the manufacturing  or  assembling of new
Products,  or the importing of new products for resale, or who acts
for and is controlled by,  any such  person in  connection with the
distribution of such products."
     For  many  products,  there are diversities that occur in the
Packaging, or  perhaps even  final assembly of  the product from its
point of  origin  to the point  of sale  to the  ultimate purchaser.
For all products that are  required to be  labeled  under the  author-
ity of Section 8 of the Act, the  party  labeling the  product or its
packaging  will be  identified on  the label and  will  be accountable
for the accuracy and  completeness of information that is required
on the  label.  To  the  extent that normal  commercial practices
apply,  such as,  another party tests the  product and provides the
test information to packagers of  the product,  the packagers should
Protect themselves through legally binding contracts or warranties.

3.4  WARNING STATEMENT ABOUT REMOVAL OF LABEL
     Two respondents dealt specifically with  the  location,  format,
°r existence  of the  warning statement:  "Federal  law prohibits
removal of  this  label prior to  purchase."  The Industrial Safety
Equipment  Association (744)  contended  that  there is no  statutory
basis  for  the  requirement that  the label contain  this   statement
and maintained Congress would have stated it clearly if that were
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 its  intention.  Sears, Roebuck and Company (709)  feared that such
 a  statement might  be read by  the consumer  to  mean that  other
 labels  on the product,  such  as warning or  warranty statements,
 could be safely removed.
 Response;
     It  is  the Agency's  opinion that the warning  statement  is  a
 necessary and  appropriate  means  to ensure that all  parties  in  a
 product's distribution chain  are aware of the  labeling  require-
 ment and  to  further the  objective  of informing  prospective  users
 of a  product's acoustical  properties.   The Agency  believes  that
 the  inclusion of  this statement  stands on  its  own merits  and
 should not be  affected by the unjustified assumption that it will
 affect  consumer's  removal of other labels.   In addition,  the
 Agency  notes that  the Noise  Control Act, in stating the  EPA's
 mandate  in terms of giving notice  as to a  product's level of
 noise, was  simply  setting  forth the minimal  requirements of  the
 program,  and that  the prohibition of section  10{a)(4) clearly
 justifies the inclusion of  such a statement.

 3.5  LOGO
     Six respondents dealt  specifically with  the  EPA logo.    One
 industry  (197) opposed,  the use of  the logo entirely, stating
 that they  wished  to promote their own  company  and not  the  EPA.
 The Compressed Air  and  Gas Institute (910)  suggested the  logo
 as one  possible element that  could be eliminated if the  label
 became  too  large.    The  Industrial Safety Equipment  Association
 (745)  felt the Agency did not have  the authority to require
 information  other  than  that  needed to give  notice of a noise-
 reducing product's effectiveness  in reducing  noise.
     Three of these docket  entries noted  the  ramifications behind
 use of  the  EPA logo.  Aural Technology (949), for  example,  sup-
ported use of the  logo but  observed that  with  its  use the EPA was
 implicitly endorsing the  information on the label and the  product.
A member of  the  Minnesota  Pollution Control   Agency  (953) agreed
with this  assertion,  and suggested  substitution  of a  statement
such as "for information purposes only" on the label, so that no
EPA endorsement was  implied.  If  the  EPA  logo  was  included on  the
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label, he  stressed the importance1 of  maintaining  the accuracy of
the  information on  the  label  through the  use  of  effective  enforce-
ment procedures.
     The French  Laboratory (727)  expressed  the view  that use of
the  EPA  logo was  not justified if the  EPA  did not  conduct the
tests.
Response;
     Since  the  product noise  labeling program  implements a  non-
discretionary  statutory  requirement  that  is  imposed  upon the
Administrator of the EPA by the  Noise  Control Act, the presence of
the  EPA  logo  on the label indicates that the program  is  Federally
mandated and  administered.   Although  the Agency  does not  itself
test products  and develop the data  for labeling  products, the
Agency does have  clear  responsibility for enforcing  the  overall
labeling program;  consequently  the logo  must  appear on  the  label
so that  the potential purchaser/user  will  know  that EPA  is  ulti-
mately responsible  for  the label.   The logo  lends authenticity to
the  data on the label since consumers  generally  recognize  that EPA
has  the  authority  and procedures to compel manufacturers  to ensure
that their labels are accurate.
     In  addition,  the  logo on product  noise labels  is intended to
inform consumers  that the  information  provided  on  a  label for a
specific product class is,  in fact, uniformly applied  to all  prod-
ucts of the same class.
     The logo does not  imply that EPA  prefers  certain products,
for all  labels will state  that it  is the  Agency  that requires  that
a certain product or class of  products  be  labeled.
     In  response to  the   concerns about EPA endorsement of the
Actual -levels  indicated  on the  label,  the  label has been  changed
to read  "Label  required  by U.S. Environmental Protection  Agency".

3.6  WARNING STATEMENT ABOUT THE EFFECTS OF NOISE
     The docket contained  some  discussion of whether  or not  spe-
cific warnings should be included  on the  label,  relating the  level
°f noise produced  by the  product  to  the health of  the consumer.
      Industries (197), the only industrial commenter, stated  that
      labels  are  only  valid  for  products  that exceed  a  certain
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 level.   Those  products should  not have a  rating,  but rather a
 warning which indicates potential adverse effects.
     A  number  of  individuals  generally supported the use  of  some
 type of warning statement on  the labels of  products whose  noise
 levels  are dangerous  (126,  159,  238,  255, 322,  929, 931  plus
 those  listed  below).   Five  persons  suggested  a  specific  type
 of  warning,  four  of whom recommended  the use of warnings  similar
 to  those found on  cigarette  packages (273, 461,  927, 947).   A
 physician, Dr.  Kos  (927),  stated his  support of this  alternative
 due  to  the difficulty  in predicting for different individuals
 precisely when  hearing  is endangered.   One  individual  suggested
 that specific instructions be given in the warning statement,  such
 as  "Caution:   Hearing  protectors should  be  worn when  using  this
 product,"  if the product emitted  noise above  the danger level
 (145).
     Recommendations were made  to put warning statements  on  spe-
 cific products, such  as stereos  (947).  An  audiologist  (950)  ex-
 pressed particular  concern with the noise  level  of children's
 toys.   Infants, he  maintains,  are much more sensitive to  noise
 than adults.   For children, hearing damage begins at 65  dBA,  thus
 noisy toys should be labeled with a warning  to indicate  that  fact.
 A rough example of  a  warning was given:   "Beware of  the fact  that
 infant's hearing is  very sensitive and can  be damaged by toys  that
 make a  lot of noise,  such as this one."
     Other persons recommended  the inclusion  of warning  statements
 concerning the  effects  of noise  on  health, but felt this could  be
 accomplished through alternative means.  A member of  the Environ-
 mental   Noise  Program  of the  Metropolitan Washington  Council  of
 Governments  (901)  felt this  could be done  through  educational
 materials.    A  certified industrial safety consultant (399)  urged
 that warnings be  included in an instruction  booklet provided  with
 a product.
 Response;
     While EPA has not made  a decision to generally  include health
warnings on  the noise  labels,   such warnings  might  be adopted  as
part of  the comparative acoustic  information for products whose

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properties warrant  it.   This  would  be determined on  a product-
specific  basis  as  a particular  need for a  health warning  was
ascertained.    Among the factors  to  be considered by  the  Agency
in deciding on the  need for such warnings are the product's noise
level  and its use  characteristics, particularly the  degree of
likely exposure to  those groups of individuals highly susceptible
to hearing damage such as  infants.

3.7  ALTERNATIVE OR ADDITIONAL  MEDIA
     A number  of  industries did  not  explicitly  reject  the  notion
of providing  consumers with  noise  level information on  their
products,  but  felt  that labels may not be appropriate  media  for
doing  this.   In such cases, they  recommended  alternative  media.
     Bilsom  International,  Inc.  (380)  indicated  that  Section  8
emphasized limited Federal  involvement as well as limited adminis-
trative,   economic  and technical  impact in the  accomplishment of
the Act's  goals.    The  label,  they suggest,  is too  inflexible  a
format to accomplish these goals.   The form of this notice  should
°e contingent upon  the nature of the market,  the product,  and
the consumer.   The  presently  proposed labels, Bilsom  observes,
are going to  cause particular  problems with  respect to  their
Product,  hearing protectors.
     Whirlpool Corporation (589)  and  Amana (936) suggested  alter-
native means  of providing  consumers  with information  on  noise.
Amana  stated  that  noise  information  for  their air  conditioners
is already available  on the product specification sheets.    They
assert this  is sufficient  for  this particular  product  since  the
consumer  (who  is  usually  a  builder  rather than  a homeowner)
Purchases   the  air  conditioner  through  the  specification  sheet.
Whirlpool  Corporation urged the provision of  this  information in
the use and Care Guides  rather  than through a label.
     Deere (738)  expressed the  opinion  that  a brochure  format
m*ght  have greater value  for  the consumer  than  a fixed  label,
since it  could be carried while comparison shopping.
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     Other  industries argued  that  additional  information  about
noise  was required,  which would  not be easily  provided on  the
present  label  due  to  space limitations.   Bethlehem Steel  Corpora-
tion (401)  stressed the  importance of environmental conditions,  a
factor that should be mentioned in supplementary material  provided
to the purchaser.  They recommended that the label or some supple-
mentary  material be  required  to  contain  information  on  how  the
noise reduction  ratings can be  used  to determine  the actual  noise
level  resulting from specific  installation conditions.  Aural
Technology  (949)  suggested that additional information for  their
products  is  necessary and could be made  available  through accom-
panying  literature and a display case at the store.
     The Computer and  Business Equipment Manufacturing Association
(662)  emphasized the   necessity  of providing  information on  the
test procedures and installation conditions.  They advocated  keep-
ing this  material on  public record and referring  to its existence
and location on the label.
     The  provision of  additional  information on  noise  ratings
for products was also  advocated by six non-industrial respondents,
though there was no suggestion made  among  these  respondents  that
labels should  not be  used.  Three  of  these  respondents (520,  556,
943) argued  that additional information  is  needed  to explain  to
the consumer  the meaning  of  the  ratings,  the  effect of  various
noise levels on  health,  the methodology used to  obtain the  noise
rating and  examples of dangerous cumulative noise  exposure.    The
California State Department of  Health (94.8) recommended including
several  noise  ratings, such as  a rating obtained  near  the  source,
under specified  installation conditions,  and  at a  specified  dis-
tance  as well as ratings of  similar products.   All of these
respondents suggested  that such  information could be made  availa-
ble through brochures.
     Other suggestions were made regarding use of  additional  media
which  would help  to  publicize the  program.   Hawaii  Citizens
Against  Noise  (940) urged that noise information be required  on
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-advertisements.  The Environmental Noise Program of the Metropoli-
 tan  Washington  Council  of Governments (663)  suggested that a list
 of product noise ratings and manufacturers be published.
     Two  respondents suggested  that  other media be substituted in
 place of  the proposed noise label.  One respondent (621) felt that
 for  products with  many  labels already attached, noise information
 could  be  provided in a hang-tag or  in  the  owner's  manual.   The
 other expressed  concern about the materials  used in the construc-
 tion of  a label in terms  of  additional  pollution  of the environ-
 ment.   This person  suggested that noise  information be included
 on the labels already present on the product (608).
 Response:
     EPA  intends to  attain the  goals  of  the  program in the manner
 best suited  to the particular  acoustical, marketing, and distri-
 bution  characteristics  of the  products  identified.    In  some in-
 stances,  this  might  involve giving notice of  the  product's noise
 level  through  additional and alternative media.   The Agency will
 not  become fixed on a single  label content when circumstances war-
 rant a  more flexible  approach,  although maximum uniformity of
 label  format  and information across  product classes should rein-
 force  the program's acceptability  and understanding with the
 intended  audience.   EPA will  closely  consider  the  need for infor-
 mation  and/or  formats  other  than  those  specified in the General
 Provisions as it assesses  those products that are potential candi-
 dates for noise labeling.

 3.8  OTHER ITEMS RECOMMENDED  FOR INCLUSION

 3.8.1  Maximum Noise Levels/Noise Standards
     One  individual  (324)  suggested that EPA recommend the maximum
 noise level for  all  products  in a class, indicating  this level on
 the  label.
     Pour  individuals  either  suggested or assumed that  EPA would
 establish  noise standards for  individual  products  which  should
 be referred to  on  the  label.   One individual (940) urged that the
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label  include  specifically an  indication  of that  point  at which
a hazardous threshold is crossed*
Response:
     The  appropriate  provision  of the  Noise  Control Act  that
relates  to the  establishment  of noise emission regulations is
Section 6.  Under  Section  8  the Agency has the authority to label
products  but not to promulgate maximum noise  levels.   Therefore,
the  EPA  cannot  reference  emission  regulations  on the  Section 8
label unless the product has also been the subject of action under
Section 6.  Regulatory  actions  under Section 6  of the Act include
a  labeled  notice of the  regulatory action  taken,  and  the Agency
will  carefully  consider combining  the  labeling  requirements   into
a  single  format  for those  products identified under both Sections
6 and 8.

3.8.2  Test Methods/Records
     Four  commenters suggested  that  some  reference be  made on
the  label  to  the testing methodology used to  arrive  at the noise
rating.   Rapistan,  Inc.  (166)  urged that  the label refer directly
to the parameter used.   The Computer and  Business Equipment Manu-
facturers Association  (662)  felt  it was necessary  to have public
records to back up the data on  the  label,  and that the label refer
to the existence of  such data.   The J. I.  Case Company (526,   924)
felt  that  EPA  approval  of  the  testing  methodology  should be
clearly stated on the label.  A state noise control official (953)
observed  that inclusion of a  statement  on  the label to the effect
that  EPA  stipulates the  test  procedures  will  lead  consumers to
assume that the  rating  is  certified by EPA.   He expressed concern
for  EPA's credibility.  A member of the Acoustical Society of
America  (333)  made  the  suggestion, with  respect to  the  testing
methodology, that  distance  factors be  incorporated in  the label.
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Response;
     EPA believes that an  important  factor  for  the  success  of  the
program is the simplicity and readability of the label.   Inclusion
of  references  to the  testing  methodology could unduly  overcrowd
the label while imparting information of little  utility  to much of
the consuming population.  However,  EPA also recognizes  the  impor-
tance  of  the ready  availability of information on the testing
methodology used  to  obtain the labeled noise rating.   The  Agency
will insure  access   to such  information through media  supporting
the label or by reference to EPA offices.  The exact format  of  and
means of access to this information  will be determined by EPA on a
product-specific basis.

3.8.3  Effect of Repairs
     Two commenters  noted  that  repairing  a product  might  change
its  noise level,  a factor  that should be acknowledged on  the
label.   The  French  Laboratory (954) expressed  particular concern
about this problem.  They  stated a change  in  the noise  level of a
Product  due to repairs  will most  likely lead to  an inaccurate
noise rating on the label.
Response;
     The Agency believes the  inclusion  of  information on the pos-
sible effects of product  repair would result in  a label  containing
excessive information.   Nevertheless,  the EPA may  find  it  neces-
sary in some cases to  require  such  information, as  for  example if
sxperience shows a product's acoustic performance to be  especially
vulnerable  to  repairs that  occur  frequently and  soon   after  the
time of purchase.

3.8.4  Product Degradation
     Several persons noted that  the noise level  of products  is
Hkely to  increase  with age,  either because of  natural product
Degradation or because persons have  altered products intentionally
after purchasing them. The latter instance was  mentioned in rela-
tion to exhaust systems.   Several commenters recommended that some
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sort of  acoustical assurance period be given for the noise rating
(935).   Two audiologists  (405,  605),  recommended that noise mea-
surements be  taken after  a  specified  period  of use.   Aural Tech-
nology  (949) emphasized the  importance  of stating  the  likely
degradation of the attenuation capabilities  of hearing protective
devices.  The Minnesota Pollution  Control Agency  (953) recommended
that EPA  bypass  this  issue  at the present time, due  to its com-
plexity.
Response;
     The  question  of  product noise  degradation  with  time  is  of
particular  concern  to the  EPA.   Product  noise  emission regula-
tions, issued under the authority  of Section  6 of the Act, specify
a minimum period of  time that the product must  continue to meet
the  specified  standard,  provided it  is properly used  and main-
tained.    This period  has  been designated the "Accoustical Assur-
ance Period"  or  AAP.   In the case  of labeling,  the manufacturer
is not  required  to meet  a Federally  mandated noise  level.   Thus,
the  imposition of  an AAP  for labeled products, would  require a
more complex compliance monitoring program by the Federal govern-
ment  for noise  labeled products than for  Section 6  regulated
products due to  the possible multiplicity of  noise emission/reduc-
tion ratings for  a given product class.
     EPA  will monitor  products selected  into the program for the
possibility of unexpectedly  rapid deterioration  of  the product's
labeled  noise rating,  in the event  an  individual manufacturer
might attempt to reduce  a product's  noise level only temporarily
to achieve  a better  noise  rating.  If this problem arises the
Agency  will take appropriate actions  to  remedy the  situation.

3.8.5  Frequency
    The American Speech  and Hearing Association (913)  and two
other commenters  indicated that the frequencies associated with a
product's noise  level represents  an important factor in determin-
ing its effect on persons (708) and  should be  noted  on the label
(939).
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Response;
     EPA has found  that  inclusion  of  frequencies associated with
a product's noise  level  in addition to  the noise level  rating
would entail a technically  complicated procedure and might result
in confusion on  the part  of the intended audience, as  well  as a
label with  an  excessive  amount of  information.   The  Agency will
consider,  on a  product  specific basis, the need/benefit of requir-
ing frequency information  and  the most effective media for presen-
tation.

3.8.6  Installation Conditions
     A number of  docket  commenters  observed  that the  noise level
is often  affected substantially by installation  conditions,  but
the noise rating does not account for  this.   The California State
Health  Department  (948)  suggested  that this  is particularly
significant in the case  of mufflers, and  that some indication
should be  developed to describe  the  total  noise  reduction when
Products  are used  in  combination.  With products such  as  air
conditioners and pool filter pumps,  he suggested a multiplicity of
ratings,  including  ratings in  specific  installation  conditions.
     The Computer and Business Equipment Manufacturers Association
(662) suggested  that  the  label  indicate  the installation condi-
tions conducive to  less noise.  Bethlehem Steel Corporation (401)
suggested  that  the  label  include  information  necessary to allow
the  user  to predict the noise  level of a  product once  it  was
installed.
     Three commenters dealt with the personal use of noise attenu-
ation devices  and  the  effect  of how  they are used on  the noise
reduction  rating of those  devices,  urging  that  information on this
topic be included on the label. The OSHA Division of the Kentucky
Department of Labor (414),  the French Laboratory (954),  and Aural
Technology  (949) all suggested that the  label on hearing protec-
tive  devices  contain  instructions on  the proper  use of  such
devices,  as well as an  indication that improper use will result in
Poor performance.   The  French Laboratory  also observed  that con-
sumers often do not know what  constitutes  a proper fit.

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Response;
     Because of  the  variation in noise  levels  for many products
under  differing  installation conditions,  EPA  cannot  require
labels reflecting the noise  levels for all possible installations.
Products within  a class  will be tested  under  specified uniform
conditions, so that  valid comparisons of the noise properties of
similar products  can  take  place.  The Agency acknowledges that the
labeled noise ratings, while  useful  for such comparisons, are not
necessarily an accurate representation  of  a  product's acoustical
performance under a limitless  range  of possible installation
conditions.
                               178

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         SECTION 4:   LABEL FORMAT AND GRAPHIC  REQUIREMENTS
4.1  SPACE ALLOCATION
     Though many  suggestions  and criticisms  were submitted con-
cerning  individual  elements contained  on  the label,  only a  few
persons remarked  about  the  general  format of the proposed  label;
that is,  the  general layout of the elements contained within  the
label.   General  Motors  Corporation  (622)  stated  that  EPA's deci-
sion to allocate 65 percent  of  the space  on  the  label to  the
noise rating was  impractical since no data was offered to support
this choice,  while  the Industrial  Safety  Equipment  Association
(744) thought the amount of  information  proposed  for  the  label  was
"excessive."  However,  the  overall  layout and shape of  the label
as proposed received general support from persons submitting com-
ments to the docket.  An acoustical  consultant (952)  remarked that
"the proposed type of label  is  very  well done."
Response;
     In response  to comments  concerning  the  allocation  of space
to the  noise  rating,  the Agency believes  that one of  the  primary
goals of any  label  is visibility  of the key information.  It  was
on this basis that  space was  allocated  on the  proposed label.

4.2  GRAPHIC REQUIREMENTS
     Industries  were the principal commenters with respect to  the
graphic requirements  of the  label.   In  general,  the  comments
expressed the desire of  manufacturers to maintain  control over  the
Packaging  of  their  products.   General Motors  Corporation (622)
argued  against  the  stipulation  in  the proposed rules  that  the
colors   used  in  the label must  contrast both  with each  other  and
with the  material surrounding  the  label,  a  practice which "does
not conform to usual label  practices, and is restrictive of prod-
u<=t  design."   The  Industrial  Safety Equipment  Association (745)
felt that  contrast  is unnecessary if the  label  is legible.  Both
                                179

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Charles  Machine  Works,  Inc. (627) and General  Motors  Corporation
 (622)  stated that  the  specification of  Helvetica Medium as  the
required  character style  is  too  restrictive  and would  increase
costs for manufacturers  if  they must  purchase  new  type.   The
Charles  Machine  Works,  Inc.,  stated  that  other  styles  are equally
legible  and  almost  indistinguishable from  the  specified  style.
Response;
     The  Agency  has  concluded that the objectives of  label  visi-
bility and  uniformity  justify,  respectively,  the  stipulation
about  color  contrast and  the specification  of  Helvetica  Medium
as  the required  character style.  The  Agency  has  not received
evidence  that these requirements will place undue burdens  on  manu-
facturers  with  respect   to  printing  or packaging  considerations.

4.3  SIZE REQUIREMENTS
     Concern was expressed about  the label  size requirement  by
Flents Products  Company  (904)  and  the  Compressed Air  and  Gas
Institute  (910).   The  Flents Products  Company was particularly
concerned about  the size requirements with  respect to  their  prod-
uct,  ear plugs;   large  labels  would  mean  larger and more  costly
packaging.
     Both General Motors Corporation  (622)  and  the Compressed  Air
and Gas  Institute  (910)  felt  that  specification  of the  label  for-
mat should be made on a product-by-product  basis.  General Motors
stated that "the general approach of  a common  label format for  all
products  to  be  labeled  is  desirable," but  felt that this is  not
possible  at present.  They  requested that the format not  be  dealt
with  in  isolation  from the  message the  label  is to  convey, a
decision, they believe,  that must  be based  on the  product  choice.
Response:
     The  label size requirement  will  be  considered by the EPA  on
a product-by-product  basis and  with  a conscious  regard  for  the
manufacturer's  interest  in reducing  costs.   However,  the Agency
believes  it  is  essential  that  the label be  readily visible  and
readable.  In addition,  the consumer  should  be able to  identify  at
                                180

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a glance  the presence  of a noise  rating;  this  is  best achieved
through the use of a common  label  format  for all products.   While
certain product  characteristics may  require some  deviation from
the standard format, these cases are  expected to be few in number
and can be  handled in  the product-specific  regulations by excep-
tions to the General Provisions.
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               SECTION 5:  LABEL TYPE AND LOCATION
 5.1  LABEL LOCATION
     A  number of commenters emphasized  that  the label  should  be
 highly visible and generally preferred that it be affixed directly
 to  the  product,  rather than to the package (275, 901,  916).   One
 person  (940)  believed  the label should be  required  in  all  adver-
 tisements.
     The requirement that labels for hearing protectors  be affixed
 to  the  individual devices or their carrying cases -  though  issued
 in  a  separate Notice of Proposed  Rulemaking  (NPRM)  [7]  - brought
 forth a  number  of comments  which were also germane  to  the  docket
 on  the  General  Provisions.   Flents Products (904),  a manufacturer
 of  hearing protectors,  objected to this requirement  because  many
 of  the  firm's sales  were  to  industry  consumers,  in which case the
 protectors were shipped in bulk.  The firm suggested  that EPA  dif-
 ferentiate between  protectors  marketed for individuals  and those
 sold  in  bulk to  industry,  where  the  end-user has  little  choice
 about  the hearing protector he will use.   In  addition, Flents
 objected  to  the double  labeling  that might  be  required in  some
 instances on  both the  packaging  and  the  insert or  its carrying
 case.
     Another hearing protector  manufacturer,  Bilsom  International
 (380),  stated  that  since  the  Agency's  labeling  system  seeks  to
 provide  information  to  the  average shopper and  since the average
 consumer of hearing protectors  is the commercial  purchaser and not
 the end-user, the regulations should allow  for flexibility  in
 the means of  giving  notice.   They believed that for  hearing  pro-
 tectors,  the  provision of  information in  sales literature would
 have  a  greater  impact on  the  real  consumer and would be  more
 likely to achieve  the  statutory responsibility set  forth by  Con-
gress.   Bilsom recommended substituting  the word  "notice" for
 "label" in paragraphs 211.1.4-8.
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Response;
     EPA has  adopted  a  flexible  position  on  the issue of the loca-
tion for affixing the  label.   The  matter  will be  addressed  on  a
product-specific basis with requirements that a label be affixed on
the product,  its  packaging, or  both.   EPA will  designate the meth-
od(s)  best suited to  the product's  marketing  and distribution
features,  given  the  goals  of  clear  visibility,  availability,  and
readability of the  label.  Insofar as possible  to maintain  the
overriding goals of the  program,  EPA  will  give careful consideration
to  the  burden on  the manufacturer  such  label  placement  may have.

5.2  LABEL PERMANENCE
     Those commenters  who addressed the  question of label permanency
were almost unanimous  in favoring  a permanent  over a temporary
label.   Commenting on  the issue  as it pertained to their  large
agricultural and construction vehicles,  the J..I. Case Company (526)
felt that  "reasonably"  permanent  labels would  make the  noise emis-
sion levels  of  a  product  known  to  "employees,"  "operators,"  and
"potential  purchasers".   Several public officials involved  in noise
control  activities  at the  state  and  local  level  (915, 941,  951)
stressed the  benefits of a permanent  label  for facilitating  local
enforcement efforts,  particularly with reference  to mufflers  and
construction equipment.    In the  case  of products which  last  a long
time and  are   sold  as used products,  an  obvious  advantage  is  the
notice  provided to the second-hand purchaser.
     The permanent label  did  have one problem,  according to  one
commenter  (901)  who  asserted  that  permanent labels  may not  be
Practical  for  household  appliances,   noting  the  cosmetic  problem
assoc1ated with affixing permanent labels  on kitchen  appliances.   A
second  commenter (940) disputed this contention, however,  by  claim-
1r*g that most  appliances  are only  in  full  view  during their'  normal
operation and  that  there are  plenty  of inconspicuous places on  a
Product where  a label  could  be  affixed.
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     One  particular  product thought to  require  a permanent label
 is  the  automobile  muffler,  since this would assist enforcement of
 local ordinances during vehicle  inspections.  However, the problem
 of  label  life  is especially acute for this product.  One solution
 mentioned  by a local  noise control  official  (941)  was  that the
 label  information  be stamped on  the muffler,  with the numbers or
 lettering  protruding outward to  foil  counterfeiting.   If a color
 code was desired, heat-resistant  paint could be used.
     The Chrysler Corporation (672) felt the lifetime of the label
 should be  restricted to the  time-of-purchase by using "prospective
 user" and  "ultimate  purchaser" interchangeably in the regulations.
 An  equipment rental  company (908) mentioned  a major  problem in
 using a label  to satisfy  the Section  8 requirement that notice be
 given to  the prospective user.   Because of continued use,  repair
 and  rehabilitation, and'resale of certain tools, noise  labels
 would frequently be  destroyed.   He wanted assurance  that  rental
 agencies would not be required to maintain the labels.
     Counsel  for  the  American  Rental  Association  (552)  further
 articulated  this  concern,  contending  that the regulation  is un-
 clear about the difference between ultimate purchaser and prospec-
 tive  user; that Section  8  gives the Administrator  authority to
 decide whether notice to the ultimate purchaser is sufficient; and
 that  Congress  never  intended  to  require  notice to  every  person
 who  might  operate  a piece  of  machinery but only  to  the ultimate
 purchaser.   If notice to each  user was required,  then  the label
 would have to be  a  permanent,  embossed metal label.   "Periodic
 reattachment" of paper or plastic labels by the supplier would be
 impractical.
 Response;
     Section 8(b)(a)  of  the Act  is explicit in  its  direction to
 the Administrator of EPA to "require that  notice  be  given  to the
prospective user of the level of the noise the product emits . •  "
The Agency will make  a  determination, on a  product or product
class specific basis, as  to the  permanence of  the required  label'
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 5.3   GENERAL COMMENTS
      One  manufacturer  (904) noted  the lower  costs entailed  in
 printing  label  information  directly  on  the  product  or its packag-
 ing,  in contrast to pasting a separate label on  the  product.   He
 thought the proposed  regulations  and  background  information  did
 not clearly address this question.
      Other  comments  concerned the  type  of  label and its location.
 A member  of a  regional  planning body  (901)  opposed the substitu-
 tion  of  a  salesroom display  for a  label  as  a  means of giving
 notice about a product's  noise properties.   A  spokesman  for a
 trade association  (590)  recommended  that  additional data (besides
 the required label  information) be provided  on a hang-tag attached
 to the  product,  while  another  industry  representative  (910)
 believed  the choice  of  label type  should be  determined  on a  case-
 by-case basis.   One individual  (608)  suggested  using the existing
 label, warranty card,  or  packaging  for  presenting  the  noise
 information instead of mandating the production  of  "wasteful"
 labels.
 Response;
      EPA  will  determine the precise  type of  label  required on a
 product-by-product  basis,   leaving  options  open  for  alternative
media where EPA  finds  them best  for  achieving the goals of  the
'Program.   In many cases, a  label  printed directly  on  the product
 °* package would  be acceptable;   for  other  products,  a  hang-tag
 could possibly represent  the  preferred alternative.   EPA will
 carefully examine  suggestions for  label type on  a product-by-
 Product basis   and make  allowances for special circumstances;  it
 intends to preserve the overall  uniformity of  the label  type,
 format  and location insofar as  feasible.
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         SECTION 6:  RATING SCHEMES AND TEST METHODOLOGIES
6.1  ACOUSTIC PARAMETER
     One  commenter  (166) expressed  concern  about the  product-by-
product  analysis  and the  possibility  of multiple acoustic  param-
eters,  claiming that  one parameter  for noise-emitting  equipment
and  one  for noise-reducing  equipment would be sufficient.   In  his
opinion,  product-by-product  differentiation  would cause  difficul-
ties for both engineers and consumers.
     Among  the various possible acoustic  parameters  are sound
pressure  level,  sound  power  level,  loudness  and  noisiness.   The
first  two  parameters  received the greatest  level of support from
the  public  comments.   Some individuals, the Acoustical Society of
America  (333) and Rapistan, Inc.  (166)  suggested  the  use  of  either
parameter - i.e.,  sound  power  level or A-weighted  sound level -
without  articulating  the  conditions under  which they  should  be
used.
     Other  commenters  mentioned  their   advantages  (and  disadvan-
tages).   The primary advantages  reported  for  SPL (Sound  Pressure
Level),  when A-weighted, were  (1)  its  simplicity of measurement,
(2)  its  relationship to  the  actual  sound heard  by the  consumer,
and  (3)  its  recognition and  acceptance by  at least  some of  the
public.   Two disadvantages mentioned were  (1) its  inappropriate-
ness for products  where  exposure varies significantly because of
movement  of the product,  extremely  different  installation  condi-
tions,  or  other  environmental  factors;  and  (2)  the  less than
desirable availability of  testing labs  with  anechoic rooms  (400)-
     Several commenters  recommended using  the  PWL  (sound power
level)  (166,  333,  358,  400, 909).   A  representative of a testing
lab  (400) stated that in contrast to SPL, the  sound power  measure-
ment would  be  more practical in  terms of  the availability  of
testing  labs,  since  the  test  can be conducted  in a reverberant,
anechoic  or semi-anechoic room.   An acoustical  consultant  (909)
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suggested using  the sound pressure  level  in most cases, but  felt
both parameters  would  be needed if  exposure  varies  significantly.
The two  parameters  could be distinguished on the  label  by  expres-
sing the  power  emission level in bels  and  the  SPL in dBA.  In  his
opinion,  by  using noise  classes  and a  simple  methodology  with  a
reasonable  number of  microphones,   the  sound power  level   can  be
determined by manufacturers  without  excessive testing costs.   The
Acoustical Society  of  America  (555),  is in  favor of the  Product
Noise  Rating  in  decibels as  the  descriptor,  which  combines  the
accuracy and reproducibility  of a sound  power measurement with  the
"consumer relatability"  of an  A-weighted  sound level measurement
in decibels.
     Several  commenters emphasized the  importance  of adopting
an acoustic parameter  that  incorporates  in  some manner the  subjec-
tive quality of sound  (946, 405, 940, 941).   Loudness  in sones  was
suggested as  a  possible  parameter  (400,  405).  Two  audiologists
(405)  recommended the  following procedures  for calculating  loud-
ness:   (1)  American  National Standards  Institute Standard  (ANSI
Std.)  S3.4  (Procedure  for the Computation  of Loudness  of  Noise);
(2) Part B of  the International Standards Organization Standard
(ISO Std.) R-532  (a Procedure for Calculating Loudness Level);  and
(3)  (ISO Std.)  R507   (Procedures for  Describing Aircraft Noise
Around an Airport).   One advantage  of these  methods, according  to
the comments, is  their capacity for being refined to allow incor-
poration  of subjective effects due  to  tonal components  and  sound
intermittency.
     Two  commenters suggested the  use of  dB(A)  sound level  read-
ings at  a specified distance for  most  products  (951,  953).   Ac-
cording  to  two  individuals,  the NPRM  was  erroneous  in implying
that dBA was  a  measure  of sound pressure  level,  which  they said
was not contained in the  weighting (953, 281).  The advantage seen
by a local  official (953)  in using  a  "straight dB(A) versus dis-
tance  scheme"  is  that enforcement  officers can  more  easily  use
that information  and  can  help EPA   in  monitoring  the accuracy  of
Product noise ratings.
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Response;
     The selection of an  appropriate  acoustic  parameter,  that is,
the quantity measured during testing  (not necessarily the quantity
presented on  the label,  i.e.,  the descriptor),  will  be made  on
the basis of that which best characterizes the acoustic properties
of the product  and which  can  be determined  reasonably  by a  simple
yet accurate  test  method.  This  parameter  may vary  from product
to product, but  the  labeled descriptor  will  be the sound pressure
level in "decibels" at 1 meter unless  another distance, i.e., oper-
ator ear,  is  more meaningful to  the user/purchaser of  the prod-
uct.   (See also the discussion of the related issue of descriptors
in section 3-2).

6.2  TEST METHODOLOGIES
     Much of  the commentary  on test methodologies did  not  bear
directly on the  General Provisions  of the Noise Labeling Program,
but rather  focused  on product-specific  considerations  that would
become important, should  the Agency decide  to  subject those prod-
ucts to  labeling  action.   Rather than  list  all of these product-
specific comments,  we  have extracted from them general  issues
pertaining to  the program-at-large.    The  Agency  will,  however,
consider all  other  relevant methodological  issues  in  the process
of formulating product-specific  regulations.

6.2.1  Use of  Standard Test  Methods
     There was  overwhelming  consensus among  manufacturers  and
trade  associations  that the  Agency should  adopt standardized
methods  which have  already been  developed and  are accepted  by
industry and other knowledgeable parties.   One industry spokesman
(631)  appraised  favorably  the  NPRM's  reference  to American  Na-
tional  Standards  Institute  (ANSI)  standards,  recommended  the
American Society for Testing Materials  (ASTM) as another source ot
measurement methods,   and  urged  close EPA-NBS  (National  Bureau  ot
Standards)  interaction regarding  rating schemes  and  test method-
ologies.   Besides offering a  similar suggestion about the use
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of consensus standards, Kodaras Acoustical Laboratories (647)  con-
tended  that  specific  product  regulations should reference  these
standards but  not cite  them as federal  standards,  so that  they
can be  kept  current  without  necessitating amendments  to the  regu-
lations.
     In a number of cases, commenters discussed specific standards
- either in the  context of offering critical  analysis or  else
suggesting  one  of them  as  a  suitable  method  for  a particular
product  class.   Listed below  are  some of the products discussed
and the  appropriate  docket identifications.   The particular  com-
ments may be found in Appendix  A.
          Pleasure motorboats (281)
          Lawnmowers (590)
          Snowmobiles  (548)
          Automotive exhaust systems (424, 610, 652)
          Hearing protectors (666)
          Power tools  (565, 577)
          Small noise sources (555)
          General - calculating loudness  (405)
Response;
     Establishing  the  test methodology to be used in  determining
the required acoustical  data and  for compliance testing will  be
accomplished on  a product-by-product  basis.   In establishing  an
appropriate test  methodology,  the  Agency  will  give particular at-
tention  to  simplicity, accuracy,  and repeatability.   The Agency
*ill, where possible, specify existing consensus  standards such as
ANSI, SAE,  ASTM,  etc.   Where  consensus  standards are lacking  or
inappropriate,  the EPA will solicit  the assistance of industry,
trade associations,  standard setting institutes and other knowl-
e<3geable  organizations in  developing an  appropriate  test  meth-
odology.

6-2.2  Test Facilities
     Two distinct  issues  surfaced  in  relation  to the  test facili-
ties, or laboratories, that will  be  necessary to obtain  the re-
tired noise measurements.   Kodaras Acoustical Laboratories  (647)

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asked who would  determine  the acceptability of a laboratory, and
what  criteria would be used in making  that judgment.  Kodaras
recommended the  National  Voluntary  Testing  Program and ASTM
Standard  E548  (Recommended  Practice for  Generic Criteria) as
methods of evaluating testing agencies.
     The Outdoor  Power  Equipment  Institute  (OPEI)  (590) was  con-
cerned that manufacturers would have to use  (only) EPA-designated
test  facilities.   OPEI  suggested that manufacturers  be allowed
to  test  products  at either  EPA-designated  testing laboratories
or  their  own facilities,  if certified  by the Agency.  Without
such  flexibility, they feared excessive duplication  of tests,
since manufacturers  will  still perform their  own  tests.    Johns-
Manville Corporation and the  Noise Control Products and Materials
Association (NCPMA) (692,743), raised  similar concerns.
Response;
     The EPA does not intend  to  certify  test facilities capable
of  conducting  the required  acoustic  measurements.    Rather, the
Agency is  placing the  responsibility  for ensuring that  the re-
quired acoustic data is  generated  in accordance with EPA-specified
test methodology,  on  the  manufacturers.   Therefore,  the manufac-
turer is free to  use his own  facilities or an  independent testing
laboratory,  as  long as the Federally specified  test methodology is
followed.    The  EPA will rely either on  its  own test  facility or
designate an  independent  laboratory  to  perform  Agency testing*

6.2.3  Simulation of Use-Environment and Related Problems
     Two commenters (520,  197) urged that  the noise rating reflect
the "in-use" noise level and  not  the level emitted by the product
in  a  "special" laboratory  environment.   Other  commenters  (281*
647, 652, 902)  cited difficulties in  achieving this goal, due to
variations  in product-use environments.   For example, the labora-
tory ratings for  sound  reducing building  materials do not reflect
the actual  room  environment;  and according  to one  expert  (952);
they really cannot unless  the entire  system in which the product
is placed is known.
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     Similar problems  in  achieving  a realistic test  environment
were mentioned by various  industrial commenters.   The Outdoor
Power Equipment Institute  (590)  questioned  the  feasibility of
realistically  testing products  with various attachments and
variable  speeds (e.g., lawn  and  garden tractors).   Additional
considerations  pertaining  to  this product entail  decisions  about
what  loads and  operations would constitute a  realistic test
environment for  a  multi-functional vehicle.   OPEI cautioned
the Agency  against  a  repetition  of  the problems  involved in the
public's  interpretation  of EPA  gas  mileage  ratings.   Mercury
Marine (281) gave another  example  of this  general  problem,  citing
the problem of  rating the  noise level  of the  engine,  without con-
sidering the characteristics of the  boat  on  which it is mounted
(outboards) or  installed (inboards).
Response;
     Where  the  simulation of  the use-environment  is deemed to
be critically  important or when  it  is easily accomplished, the
Agency will  specify the particular  test  environment.   However,
the simulation of  use-environment is not a  primary  goal of the
labeling program.   The noise  rating on the label is  intended to
facilitate comparative  shopping on the basis of products'  acousti-
cal performance as determined  through a uniform test  methodology.
The Agency  acknowledges that  installation or  in-use  environments
can influence the acoustic performance of  a product and  therefore
the rating may  not be totally  accurate in describing the  product's
noise-emitting  or noise-reducing properties.

6.2.4  Incorporation of Subjective Noise Characteristics
     A number of  commenters believed  it  was  vital for  the  noise
Eating to reflect other factors besides simply the noise emission
level.  Such factors might be  tonal  components or  duration of the
noise  (see Sections  3.8.5 and  6.1).  Two   audiologists   (405)
discussed  this issue and  suggested  that  the   labeling program be
Delayed for products  where these and other  subjective factors
result in  an extremely annoying noise  source.  They  believe that
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there  is presently  not sufficient  information  to  correct  noise
ratings  for  temporal  factors  (duration  and  intermittency),  and
tonal  components.   But they also note  that  because  usage time is
often  inherent in  the product  (e.g.,  washing machines)  and  all
products within that class require approximately the same time for
completion of the  function, duration of noise  is not  really a
critical factor  for labeling purposes, since  the  relative values
of products would not change appreciably.
     Despite  the methodological  problems  barring  incorporation of
these  psychoacoustic properties within the  meaning of  the  noise
rating,  the two  audiologists recommended  methods  that capture the
subjective effects of noise.  To inform the consumer about how the
noise  will  affect  him or her,  they  feel  the best approach  is to
employ a "calculation system" which  translates physical measures
of acoustic  properties into  reliable measures of  the subjective
magnitude of sound.  (See Section 6.1 for  references to methods of
calculating loudness.)
Response;
     The Agency  will strive to use objective measures of a  prod-
uct's acoustical characteristics.  Where subjective factors pose a
significant problem  insofar  as  the product's impact  on the public
health and welfare  is  concerned,  and  where appropriate noise mea-
surement methods are available,  the  EPA will  seek  to  establish a
methodology capable of capturing the  relevant acoustic properties.
For  example,  tone  corrections  will  be incorporated  in  the  EPA-
specified method when  tonal components associated with  the  noise
emitted  by a  product  are  considered significant  with  respect
to their capability  to adversely  affect public health or welfare.

6.2.5  Miscellaneous Issues
     The question of how to arrive at a single value from a series
of measurements using different product samples elicited responses
from several commenters.  One manufacturer (924)  believed that the
mean value  should  be  used, with  some indication of  anticipated
variation  in  acoustic  performances.    Other manufacturers  (590/
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910) supported  the  establishment of a  reasonable margin  of error
in  individual  product compliance with  the  noise rating.   On  the
other  hand,  two commenters  (940,  941)  supported  the use  of  the
maximum value  of  a  series of  tests  so as to provide  a  margin of
safety,  compensate  for products displaying considerable  noise
emission variability  among units, and  assist in local enforcement
of noise ordinances.
     The Outdoor  Power Equipment Institute  (590) criticized  the
requirement that noise ratings be derived from product samples  and
not  from pilot production units.   The charge was that  this pro-
cedure would force expensive production delays,  since the assembl-
ing  and  packaging of  production units  would  have  to wait  until
testing was completed and labels were delivered.  OPEI claimed  its
members experienced  a lead  time of one  to  two months  to  obtain
labels and  contended  the  delay would  cause  "severe  disruption of
inventory and distribution systems."
     One industry representative (910), expressed his  opposition
to  testing  each product off the assembly line  and his preference
for  using a  sample  of products.   Once the Agency has  been  satis-
fied that the test was conducted in  an accurate  manner, the  Agency
should not  be  able  to order compliance  testing  based  on  products
that appear  to exceed the established  noise level,   unless  there
have been changes in the production  process.
Response;
     Whether a  manufacturer  may use  production samples  or  pilot
Production units  for  determination  of label noise levels will be
addressed on a  product-by-product basis.  To  specify  at  this time
that a manufacturer may use  one or  the other, or  both,   would
restrict the Agency's ability to tailor the  testing requirement to
the  nature  of  the industry  being regulated in  future  subparts of
part 211.   The Agency will, of course,  consider the OPEI  (590)
comment when  it  promulgates regulations  for specific  products.
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     The  comment  of  the industry representative  (910)  is  based  on
 the belief that each product off the assembly line must be tested.
 This  is  not  true.  In  the product-specific  subparts of Part  211,
 the  Agency's present  strategy  will  require limited  testing  (in
 most  cases,  one test)   to determine noise  label  values.   However/
 because  it  requires very limited  testing  initially,  the  Agency
 must  have the ability to monitor  the manufacturer's continued
 compliance with  the regulation.   This  ability  will  be  provided
 in product specific  subparts of Part 211 through the  use  of  com-
 pliance audit testing which is based on the testing of  a statisti-
 cal sample of production units.

 6.3  TECHNIQUE OF RATING
     Technique of rating  means  the  manner  in which  the determined
 acoustic  information is transformed  into  the appropriate  acoustic
 descriptor.   Because  many comments  that  touched upon this  issue
 have  been discussed in  relation to  other topics, such as the
 translation  of dB (decibel)  values  into color codes  or the use  of
 maximum test values for rating purposes,  there are few  submissions
 remaining that focus solely on the techniques of  rating.   Thus,  no
 major issues  are identified in this  particular section.
     There were, however, comments  to  the  effect (1) that  differ-
 ent rating  techniques   for different  products would only  confuse
 the consumer (520);  (2)  that  rating schemes using comparisons
 between dissimilar products  would be "worthless" (943);   (3)  that
 descriptors  based on collapsing  decibel values into  classes based
on ranges  of decibels   would achieve  very  little in terms of the
public's comprehension  of  the  program, while costing  consumers a
great deal in  terms  of lost  information (405, 555); and  (4)  that
multiple indicators be  used (692).
Response;
     Although the Agency  admits that different  rating techniques
 for different products  may  confuse  the consumer, the  broad scope
of the labeling  program,  and the incorporation  of many different
products  within its statutory reach,  means that  variations  in
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rating techniques may  be  necessary.   Likewise, while the  use  of
comparisons  between dissimilar products may  appear confusing,
certain situations can  be  imagined  where comparative information
can best be  conveyed in this  manner.   Finally,  the Agency agrees
that  the  use of  noise classes  in  lieu of the  actual units  of
measurement sacrifices  a great deal of  information and  should  be
avoided to the  maximum extent possible.   These matters  will  be
addressed  in  the product-specific regulations.
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                      SECTION 7:  ENFORCEMENT
7.1  GENERAL ISSUES
     Issues related  to EPA enforcement  of  the noise labeling re-
gulations drew  comments  from citizens,  noise-related interest
groups,  federal and  local government officials, and industry
representatives in particular.
     Most of  the citizen  comments in this area called upon EPA  to
strictly enforce  the program and  impose  strong  penalties on indus-
tries  found  in  violation  of  its provisions.   Nine comments  lent
support to tight  and rigid enforcement by EPA;  none  of those orig-
inated from  industry sources.*   In several of  these  cases  it  is
difficult  to  determine if  the strict  enforcement  being endorsed
refers to  the noise labeling  program  in particular or noise  con-
trol in  general, but  the  direction of  the  messages is unmistak-
able.   The Metropolitan  Washington Council of Governments  (COG)
(901)  spoke  to the need  for  government  oversight of the reported
noise  ratings,  but  did mention  the  possibility of   industry self*
policing as well.   Citizens Against Noise (903) urged that penal-
ties proportionate to the size of the audience  affected  be imposed
for  violations  of  the labeling regulations. A Minnesota  state
pollution  official   (953)  opted   for  a  strictly  enforced  program
with required labeling for a few products over  a weak program  with
labeling requirements for  many  products.
     On the other hand,  four  commenters  (64,  147, 629,  904)  - two
from industry, one  acoustical  engineer  and one physician - called
for  EPA to  implement and  enforce the program slowly or  cautiously
to allow  sufficient  lead  time for  easy  industry compliance.   The
J. I.  Case Company (392)  contended that  strict enforcement by
EPA  would  not be necessary, since  industry  protocol and competi-
tion would  be  sufficient  incentives for  compliance.    They   sug-
gested  that  EPA's involvement consist of  occasionally  checking a
*The entries  not  cited  in  the text  are:  60, 77,  382,  384, 940

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product's  noise  level  rating.   Johns  Manville Corporation  (692)
suggested that  EPA  work  closely  with  industry  in  formulating
enforcement rules.
     The  U. S.  Department  of Commerce (744) urged  EPA to make  ex-
plicit  its intentions  regarding effective  dates of the provision
of the labeling program.
     A professor  of  physics  at Northern Illinois University  (546)
suggested  an enforcement method  that  would  reimburse the purchaser
one-half  the purchase price  if a product  subject to noise labeling
had no label or had  an  incorrect label.   The  Director  of the  Divi-
sion of  Air  and  Hazardous Materials of the Commonwealth of Massa-
chusetts  (637) believed that the Federal government should handle
noise labeling and emission standards, while jurisdiction over reg-
ulation  of noise-emitting  equipment  should  rest with  the states.
     A number  of  comments, predominantly from  industry, addressed
some aspects  of  EPA's  ge'neral enforcement  scheme  as  set forth  in
the NPRM.   Ford Motor  Company  (907)  objected  to much of  the  en-
forcement  plan as  similar  to that of the "cumbersome" regulations
for medium and  heavy  truck noise,  currently under  litigation.
Ford expressed a preference  for a more  flexible certification pro-
gram for muffler  noise  such  as  those  in the states of Florida  and
California.   Chrysler  Corporation  (672),  also citing  the   truck
noise  regulation  litigation  arguments, contended  that EPA lacked
the  authority  for  the  proposed  enforcement  scheme,  calling  for
minimal  EPA involvement under Section 8  of the Noise  Control  Act
°f 1972.   The  Industrial  Safety Equipment  Association  (745)  as-
serted that the  proposed enforcement  provisions magnify the  manu-
facturers' requirements  as stated  in  Section 13 of the Noise Con-
trol Act, by requiring manufacturers to  admit EPA  officers  to
various  facilities,  by  permitting  these  officers  to  conduct  in-
spections, and  by  requiring the  submission  of  irrelevant   data.
     International Snowmobile Industry Association  (905) suggested
that  instead  of  going  far  afield with  all-encompassing  regula-
tions,  enforcement  should  focus on  the manufacturer's capability
to perform the  required tests, the results of the noise emission
tests,  and the auditing of  these  tests.

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     The  Compressed Air and Gas  Institute  (CAGI)  (910) expressed
 the  view that finding  a single product  in  excess  of its labeled
 noise rating should not  constitute a violation of the regulations,
 and  in a  similar vein. The Outdoor Power  Equipment Institute  (590)
 asserted  that  EPA  should  allow a reasonable margin  for error in
 individual product  compliance with its labeled noise rating.  CAGI
 preferred  the  approach  in  the EPA  gas  mileage program in which
 each individual product  need not attain its  labeled value.
     A final general  comment was  made in reference to the respon-
 sibility  for maintaining labels.   A  representative  of  a group of
 retailers (591) contended that  they should not be held responsible
 for labels damaged  in transit to their businesses.
 Response t
     Issues concerning specific areas of  enforcement are addressed
 in the following subsections.
     However,  to  answer  the above  comments,  in  determining the
 effective date  of any  labeling action,   the Agency  will consider
 the lead time each  individual industry needs to economically bring
 their  products  into  compliance with  the  labeling  requirements.
 Lead time adequate  to assure product compliance with the require-
ments  will be included in  the effective date  of an individual
 labeling regulation, consequently, there  is no need for additional
 lead time preceding Agency enforcement.
     The Agency will  actively pursue enforcement of  each product
 labeling regulation.  However, the Agency's noise labeling program
has been  developed  to use  industry  competition  as  an incentive to
manufacturers  to  comply  with  product  labeling requirements for
 their  industry.   EPA  has,  and will,  work  with  industries  being
studied for possible labeling action; and will study the effective
date,  test  procedures and  enforcement provisions  separately for
each regulated  industry or product.
     While the General  Labeling Provisions  are expected  to  apply
to all labeled  products, the Agency will make  adjustments within
an individual product regulation  where a general  labeling provi-
sion,  in  the Administrator's  judgment,  should  not  be  applicable
to a certain product or industry.

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     Once noise  labeling  regulations have  been  promulgated,  the
Agency  is  required under  the  Act to enforce  those regulations.
Section 10(a) of  the  Act  makes  it clear that the distribution of
"any new product  .  .  .  except  in conformity ..." with the ap-
plicable regulation is a violation.  The Administrator may initi-
ate court  action  for certain  types of  violations or may  issue
administrative orders  in other cases.
     Concerning the comment about the Agency's enforcement scheme,
the basic enforcement plan for Product Noise Labeling is the same
as that of  the medium and  heavy  duty truck and  portable air com-
pressor regulation.  It is focused to interfere as little as pos-
sible with  the manufacturer's business  and still give the Agency
reasonable  assurance of  compliance.
     Concerning the comment about  labels damaged in transit,  the
Person  responsible  for  damage to  a Federally mandated  label  is
responsible for tampering.

7.2  INSPECTION AND MONITORING
     The inspection and  monitoring  aspects  of the enforcement pro-
visions (Section 211.1.9)  elicited  a number of comments, including
fifteen from industry, one from  an acoustical consultant, and one
from a  Minnesota  state official (953).   The  majority  of  these
comments took  issue  with  EPA's proposed  inspection  provisions,
deeming them unauthorized, unwarranted,   or excessive  in  some
wanner.
     The Compressed  Air  and Gas  Institute,  Industrial Safety
Equipment Association,  Chrysler  Corporation, Ford  Motor Company
and General Motors Corporation (910,  745, 672, 643, 622)  each
stated  that  EPA  lacked  the statutory authority  for  the proposed
inspection  and monitoring  scheme/Both Ford arid  Chrysler  (643,
672)  cited  their  objections to the truck noise inspection regula-
tions under litigation,  which they hold  to  be similar to those of
    noise labeling standards.  Rockwell  International  (633)  simi-
      expressed doubt  about the legality of the proposed EPA entry
    inspection of facilities  and the  requirement for  shipping
Products to a central  test facility.

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     Hilti  Fastening  Systems,  Inc.,  and Bilsom International, Inc.
 (671,  380)   stated  that  the provision  for on-site  inspection  of
 facilities  is  unreasonable,  the latter  citing  the proprietary na-
 ture of  the firm's  products.  Charles Machine (627) called for EPA
 to  limit access to manufacturer's facilities  to  areas relevant to
 the  investigation,  with  these  areas to  be specified  in writing
 prior to the inspection period.
     The Association  of  Home Appliance Manufacturers (AHAM), Fasco
 Industries,  and The  Air  Conditioning and  Refrigeration Institute
 (ARI) (629,  197,  902)  each  objected  to the 24-hour notice require-
 ment as  unreasonably  disruptive and  requested a  longer period  of
 notice.   As far as the  International Snowmobile  Industry Associa-
 tion (ISIA)  (905)  was concerned, their  major  concern with the 24-
 hour notice provision was  its  failure  to  state  specifically that
 this period was to be  one   normal business day.    ISIA  also urged
 that the provision  be clarified  to  assure  that  oral notification
 is used  "sparingly" and  only given to "responsible management per-
 sonnel."  Rapistan,  Inc., (166) suggested  that  inspection without
 the 24-hour notice  should only be authorized  by  the Assistant Ad-
ministrator  for Enforcement  "if  there  is  evidence  that improper
manufacturing and testing procedures are being employed by  a com-
pany."    Motorcycle  Industry  Council,  Inc.  (713)  also suggested
 that reference to "oral" notice be deleted.
     The  Association  of  Home Appliance  Manufacturers (629)  argued
 that only finished  products should  be  photographed  and inspected
 for  compliance,  while  The Air Conditioning and Refrigeration
 Institute  (902)  objected to  EPA's  photographing products  alto-*
gether  because  of  the possibility  of  a  competitor  securing  the
 information through a  Freedom of Information Act  request.  The Air
Conditioning and  Refrigeration  Institute also argued  that a rela-
tively long notice  period  should  be  required  when  EPA informs  a
manufacturer that a  specific  product  is  to be  tested  or  that  a
specific  test  facility is  to  be used for an  EPA-monitored test/
because  products  may  be  "built to  order."  Other  ARI  objections
were directed  at  the  tight  scheduling of  test facilities and the
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required retention of test records.  The Industrial Safety Equip-
ment Association and the  Motorcycle Industry Council  also ex-
pressed their concerns about the recordkeeping requirements (745,
713).   The Association of  Home Appliance  Manufacturers  (629)
expressed the opinion that manufacturers should not be liable for
the costs  of  EPA investigations of the  test methods  employed by
test facilities.
     Bilsom  International,  Inc.  (380)  commented that  Section
211.l.9(b)  overreaches EPA's extraterritorial  authority  and sug-
gested that EPA  need  not  enter foreign  facilities to  fulfill the
purpose of the  regulations.  - Flents Products  Company  (904) com-
mented on the lack of clarity in the definition of "manufacturer"
for importation purposes (Sections 211.1.1 and .9).  The question
Posed was:   Does  "manufacturers"  encompass "assemblers"?
     A state  pollution control  official  (953) opposed parts of the
Proposed enforcement scheme, asserting  they were too lenient.  He
objected to both  the 24-hour notice period before entering a manu-
facturer's  facilities, and  the  need for a  "substantial" infraction
before remedial action is  taken.
     Several  comments related directly  to  the Administrator's
authority to  order a manufacturer to cease distribution of certain
Products in  commerce - Section 211.1.9(f)(1).  General Motors
Corporation  (622)  argued  that  this provision  stands  in conflict
with Section  ll(d)(l) of the Noise Control Act of 1972,  since it
does not limit the  Administrator's  cessation authority to orders
"necessary  to protect public health or welfare".  Ford Motor Com-
Pany (643)  expressed  an almost identical  position.  Flents Prod-
u°ts Company  (904)  suggested language  be added  to the cessation
section  vesting  authority  for a "cease to  distribute"  order
clearly and  exclusively in  the  Administrator.   Charles Machine
^orks, inc. (627) emphasized its  belief that  the Noise Control Act
°f 1972 grants EPA no authority to issue a product recall even if
    product  is  in violation of  the  regulations.   The Compressed
    and  Gas  Institute (910)  believes that the power  to  issue
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 "cease to distribute" orders properly rests with the  Federal Dis-
 trict  Courts  and not with the Agency.  The Outdoor  Power  Equip-
 ment  Institute  (590) went  further  in  calling  for deletion  of the
 "cease  to distribute"  provisions,  arguing that EPA lacked the
 statutory authority  to  issue  such  orders.   The  Industrial  Safety
 Equipment Association (745) said the  provisions  may  be unconsti-
 tutionally vague,  in that the grounds for a  cessation order are
 ill-defined and especially the term "substantial."
 Response;
     The  inspection  and monitoring scheme  was authorized by the
 inspection and  monitoring  provisions  of Section  13(a) of the Act
 and  were included  in  the proposed  Noise  Labeling  Standards -
 General  Provisions  on  June 22, 1977 (40  CPR Part  211).   Both
 inspection and  monitoring  provisions were  based in  part on the
 legal  interpretation of EPA  that  the Agency was not required to
 obtain judicial warrants in instances where the  manufacturers did
 not willingly consent to the  entrance by EPA enforcement  officers
 upon regulated manufacturers'  facilities.
     On May 23,  1978,  the Supreme  Court delivered  a decision in
 Marshall v. Barlow, Inc.,436  U.S. 307, (1978).  In that decision/
 the  Court held that administrative agencies  must ordinarily
 obtain search warrants  to enter private property for regulatory
 purposes, absent consent of the property owner.
     Accordingly, EPA has revised subsections  (b) and (e) of Sec-
 tion 211.1.9  concerning inspection and monitoring  provisions to
 make it clear that an EPA  enforcement officer may enter a  facil-
 ity only upon consent of  the  manufacturer  unless the enforcement
 officer  first obtains  a warrant  authorizing such  entry.  The
 final rule also provides that  it is not a violation of the Act or
 the regulation  if a  manufacturer refuses entry to an enforcement
officer who does not have a proper  warrant.
     Provisions of the  regulations  which define the scope of the
 inspector's proper investigation are  retained, to assure  the manu-
 facturers that both  consensual and judicially warranted  searches
are subject to reasonable limitations.
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     Another revision to subsection  (e)  clarifies  the Administra-
tor's  right,  as contemplated by  Barlow1s, to  proceed ex parte
(without the other party's knowledge) to obtain a warrant,  with or
without a prior refusal by a manufacturer to permit entry.
     Paragraph  (c)(3) was  revised  to eliminate  the  mandatory  as-
pects of consent.   Those provisions in paragraph  (c)(3)  that  ap-
plied  to  foreign manufacturing  facilities  have been eliminated,
since EPA no  longer  requires  domestic  manufacturers  to consent to
entry.  It is still incumbent upon  foreign manufacturers,  however,
to work with  EPA to  assure that the testing that  is performed by
such manufacturers is performed  in accordance  with the regulatory
requirements.    The EPA cannot  satisfy itself  of  the validity of
manufacturers'  tests  if  it  cannot monitor  them in  some  manner.
     Subsection  (f),  which specified  that  the  Administrator  may
issue cease to distribute orders when EPA Enforcement Officers  are
refused entry  or denied  reasonable  assistance,  has  been  removed
from the final  rule.   Should a manufacturer deny  entry where  the
EPA enforcement  officer  has  obtained a warrant, the  Act  and  this
regulation will  have been  violated,  and  the  Administrator  will
consider it an  option  to use the  enforcement  authorities  granted
him in section 11 of the Act.
     Regarding  limited  EPA  access to manufacturer's facilities,
EPA has no  interest  in entry into developmental laboratory  areas
°r areas not  concerned with  a manufacturer's activities under  the
Noise Control Act of 1972.   The  Director  of  the  Noise Enforcement
°ivision,  may  request that  a manufacturer  subject  to this  Part
admit an EPA Enforcement Officer to  examine  records  of tests  con-
ducted on label  verification products and on  product tests  under
compliance audit testing  (CAT);  to inspect  areas where testing is
conducted,  where regulated  products are stored  prior to  testing,
a*d  to inspect  those portions of  the  assembly  line where  the
regulated products are being assembled.
     The provision requiring  24-hour notice  has  been removed  from
the  regulation  since inspections  and  investigations may  only be
°arried out with the consent of the manufacturer  or under a  war-
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     The  manufacturer  concerned  with how  EPA's  photographing of
either  finished  or unfinished products may  affect his interests
will  be able to file  a  request under  section 2.203  of  the EPA
procedures  for  Confidentiality of  Business  Information  (40 CFR
Part 2  Subparts A  and  B).   The Agency will determine at the time
of  the  request  whether the  information  requires confidential
treatment.  At this time  the manufacturer is given  the opportunity
to  comment on why the material  should be  treated as business
confidential (i.e., proprietary).
     As to a manufacturer's liability for  inspection and investi-
gation costs, the EPA does  not expect  any major cost burdens  to be
imposed on the manufacturers  pursuant to inspections and investi-
gations carried  out under the  final  regulation.

7.3  EXEMPTIONS
     Of the  ten  comments  that dealt specifically with the provi-
sion  for  exemptions (Section   211.1.10), nine  came from industry
representatives and  one from a  noise-related  public interest
group.  All  of  these comments offered suggestions for changes in
exemption provisions  or were critical of  some aspects  of the
proposed exemptions.
     The Motorcycle  Industry  Council  (713) believed  this  Section
lacked clarity and  should be reworded  or explained.

7.3.1  Products  for Export,  Promotion, Demonstration, or Prototype
     Both The Association of Home Appliance Manufactuers (629) and
The Air Conditioning and  Refrigeration Institute (902) objected to
the exemptions to be granted for promotional, demonstrator or pro-
totype products  not intended for commerce (Section  211.1.10-l(f))r
because of  improper use  that  could  be  made of  such  products in
advertising  or  display  settings.   Presumably,  the promotional
abuse of  such untested products could lead to unfair competitive
advantages based  on inaccurate claims  about noise levels.
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     A  representative  of the  Hawaii  chapter of  Citizens  Against
Noise  (CAN)  (940)  testified in  opposition  to the exemptions  for
demonstrator and  training products, as  well  as  products  for  ex-
port.   CAN-Hawaii urged,  in effect,  that  the  program be  imple-
mented at the early stages of product  development.
     The Outdoor  Power  Equipment Institute  (590) objected  to  the
requirement  that  industry  apply for  an  exemption  for  prototype
Products due  to possible delays  in the process.  They  suggested
instead that this  issue of exemptions would be more  properly  ad-
dressed  in  the  product-specific regulations.   Similarly,  Hilti
Fastening Systems  (671)  suggested an  automatic exemption  for  all
qualified products not intended for general  commercial use.   Hilti
also believed that the exemption procedure needed clarification as
to whether  a product under  development  must be  exempted,  and  at
what stage  in  the development  process  an  exemption  must  be  ob-
tained.
     Two commenters  (629,  902)  objected to the  exemption to  be
granted for  promotional, demonstrator  or prototype  products  not
intended for commerce because  of improper use that could  be made
°£ such products in advertising or display settings.
.Response;
     The only  products  that would  require  exemptions under this
section are  those that  are distributed  in  commerce.   The  manu-
facturer need  not apply for exemption under these  regulations
for products that  are not  distributed  in commerce  (i.e.,  do  not
leave the manufacturer's  premises), and need,not fullfill  any  of
the requirements  of  Subparts  A or other  Subparts  promulgated
Pursuant to  40  CFR Part  211.
     Manufacturers who  request  an  exemption  under  these  regula-
tions for promotional, demonstrator, or prototype products,  to  be
Distributed  in  commerce,  will  be  required  to demonstrate  suffi-
cient  necessity,  appropriateness,  and reasonableness  of the.
request.
     Any exemptions  granted by the Agency for demonstrator  or
    ning products  are authorized by the  Noise Control Act.  The
    specifically authorizes  the  Administrator to exempt products

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for  the  purpose of research, investigations, studies, demonstra-
tions, or training, or for reasons of national security.
     The Administrator has the discretion to grant  exemptions upon
such terms and  conditions as  he may  find  necessary to protect the
public health and welfare.
     The Administrator is not given any discretion  under  the Noise
Control Act  in  granting  exemptions for products intended for ex-
port only.  No request for exemption for such products is required
by the Act;  however,  they must  be labeled or marked to show that
they are  manufactured solely for  use  outside  the  United States.
     Application for  exemption  for prototype products should not
lead  to  delays.   Industry  need  only  apply for exemptions for
prototype products that will be  introduced into commerce.  If
prototype products  are  introduced  into  commerce  by the manufac-
turer  in  the ordinary course of  business  for  a valid exemption
purpose  such  as product development,  assessing a production
method, or as a market promotion,  no delays  in granting the exemp-
tions  should be expected.   Where  the program does  not involve
lease or  sale  of the  products, the manufacturer need only state
the nature of  the  product's  use,  number of products involved and
demonstrate  that  adequate record   keeping  procedures  for control
purposes will be employed.
     At this time  no  automatic  exemptions will  be granted in the
regulations  for  any products distributed  in commerce except for
products  intended  solely for  export.   The Noise Control Act
requires the Administrator to take  into account the public health
and welfare  in setting the terms  and conditions of the exemption.
Therefore,  it will be necessary  for  the Administrator to take
into account  the public  health and welfare considerations based
on information  supplied  to  him by  the manufacturer  for  the par-
ticular product under  consideration.  However, if the Agency finds
during the  enforcement of this program that it  is  advisable  to
grant an  industry-wide exemption  for one or more  purposes, this
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exemption and  its  terms and conditions will be  set  out  and sup-
plied  to  all manufacturers.   Only  after  gaining some experience
in  administering  this program  will the  Agency  consider whether
to grant such an "automatic11  exemption.
     As to  products  under development,  any non-complying product
requires an  exemption when  it  is distributed  in commerce.   Manu-
facturers are  in the  best position  to  know the time of distribu-
tion,  and should  apply  for an exemption at  least a month  in
advance.

7.3.2  Exemptions from;  Labeling vs. Testing
     Ford Motor Company  (643) suggested that an automatic one-year
exemption be granted  a  product should the Administrator  fail  to
respond  to  the manufacturer's exemption application within  15
working days.   Ford and  General Motors-Corporation  (GM)  (622)
urged EPA to eliminate the automatic retroactive rescission of the
export exemption (Section 211.1.10-3(c))  in the event the product
is introduced in domestic  commerce.  To realize this objective,  GM
suggested that  the  cited  paragraph  be changed  in  keeping  with a
Proposed alteration in the Truck Noise  Emission Regulation (pro-
Posed amendments to truck  regulation, Section  205.5-5(c):   42  PR
27622, May 3, 1977).
     The International  Snowmobile  Industry Association  (ISIA)
(905) believed that Section 211.1.10 should be  rewritten  to cover
situations where an exemption "from  labeling" is warranted,  rather
than an exemption "from testing," since the regulations establish
"labeling" requirements.
     Bilsom  International, Inc.  (380)  also focused  on the "label-
ing" versus  "testing1'  exemption  aspect of  the provisions,  suggest-
ing that EPA delete the  condition requiring a  label for an  exempt
Product  "setting  forth  the nature of the exemption"  (Section
211.1.10-4(a)).  In their view, this labeling condition  would
negate  the  value  of the  exemption, since the costs of  label
Preparation,  which are high,  would still have to be incurred.
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Response;
     The condition requiring a label on an exempt product "setting
forth  the  nature  of the  exemption",  serves a  two-fold  purpose.
First,  it  puts  the  consumer on  notice that  the product  is  not
required to  be  labeled  according  to its noise  emitting  or noise
attenuating  characteristics.   Second,  it also  notifies  State  and
local officials  who may be  charged with enforcement  of  labeling
provisions  at  the consumer level, that the  product is  not in
violation of an  applicable EPA regulation.

7.4  TESTING BY  THE ADMINISTRATOR
     Eight industry spokesmen raised objections to some aspects of
the provisions for testing by the Administrator (Section 211.1.11).
Several  of  them were  concerned  primarily with the costs  of  the
required testing; others focused  on the  extent of the Administra-
tor's authority  to mandate compliance testing.
     In addition to  these  comments, a  number of industries  (e.g.,
the Compressed  Air and Gas  Institute  (CAGI),   ISIA,  and  Rockwell
International)  (910,  905,  633)  expressed  concern about  Section
211.1.11(a)(1) for requiring that products be shipped to a testing
facility specified by EPA.
     Fasco Industries  (197)  suggested  that  the  regulation spell
out what direct  and  indirect testing costs would be reimbursed by
EPA, while Bilsom  (380)  requested  assurances that  EPA would  bear
the cost of any  testing required by the Administrator.  CAGI (910)
desired full  reimbursement of  costs for shipping  products  to  EPA
testing facilities.
     The Association of  Home Appliance  Manufacturers  (AHAM) (629)
suggested that the Administrator  be required to provide the manu-
facturer with sufficient advance notice of a  decision of mandatory
product compliance  testing under Section 211.1.11(a)(1)  and  (2).»
Ford Motor Company  (643)  recommended a revision  to limit the  Ad-
ministrator's discretion to require manufacturers to provide prod-
ucts for testing,  in  keeping with a  compromise reached  in  the
litigation  on the truck noise regulation.   Ford also felt that  the
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manufacturer should be allowed to observe EPA testing and  to con-
test  an  adverse EPA determination on the  acceptability of  the
manufacturer's test facilities.
     Johns  Manville Corporation  (692)  recommended the  use  of
industry facilities for testing purposes.
     To avoid  duplication,  the  Outdoor Power Equipment Insti-
tute  (OPEI) (590) suggested that testing  occur at either EPA-
designated  facilities or  at  the  manufacturer's, facilities  certi-
fied  by  EPA with the  choice left to the manufacturer.  In  the
International Snowmobile  Industry Association's (ISIA) (905)  view,
Section  211.1.11  should be  rewritten  to  conform to statutory
language regarding the requirement to make products available  for
testing?  ISIA also doubted the legal authority of EPA-personnel to
operate  a manufacturer's private  test facility  under Section
2l1.1.11(a){2).
     The Compressed Air and Gas Institute (CAGI)  (910)  questioned
the lack  of clarity concerning  testing of  premarket products,
fearing that  a requirement  for  EPA supervision  of  such  testing
would impede new product  development and introduction.
Response;
     The cost of required testing under  Subpart B (Noise Labeling
Requirements for Hearing  Protectors)  (such  as  label  verification
°r compliance audit testing)  or any of the other product-specific
Subparts  will be borne by  the manufacturer.  The cost  of  testing
when it is conducted by EPA under section 211.1.11,  Testing by  the
Administrator,  will be  borne  by the Agency except:                .
     •   When  the  EPA  requires the  manufacturer  to ship products
         to a  particular  test facility for label verification
         testing,  because the manufacturer has  not  label verified
         within a reasonable  amount of time.   The  amount of time
         considered reasonable will  be defined in  the product
         specific  regulation;
     •   When  EPA has  reason to believe, that  products would  not
         pass at an EPA designated facility  even  though they pass
         at a manufacturer's  facility;
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     •    When  a notice of  nonconformance  of the manufacturer's
         test facility  is  effective until  the  facility  has been
         re-qualified;  and
     •    Whenever EPA requires shipment of  products  to  a desig-
         nated test  facility  because  the  manufacturer refused  to
         allow EPA Enforcement Officers with a warrant to monitor
         a test.
     EPA will generally not specify  a test facility under any
required compliance audit testing unless it has reason to believe
that products which pass at the facility used by the manufacturer
would not  pass  at an EPA designated  facility.   Under these cir-
cumstances,  the Administrator will provide the manufacturer a
statement of his reasons.
     When the Administrator designates testing is to be conducted
at an EPA  facility  (or  facility  under contract  to EPA),  EPA will
pay for  all  direct  testing  costs  including personnel, equipment,
preparation,  test site, etc.  However, in most cases the manufac-
turer will be required  to pay shipping costs of  the  products  to
the EPA designated site.
     When  testing  under  211.1.11   is  designated to be  conducted
at the  manufacturer's  facility,  EPA personnel  will conduct such
testing  using Agency  equipment.   It is not  expected that any
direct testing costs will  be incurred by  the  manufacturer  under
these circumstances.
     A manufacturer is always allowed  to  observe  any  EPA testing
required by  this regulation whether  it be conducted at an EPA
facility, or at a facility under contract  to EPA.   A manufacturer
is also provided  the  opportunity to  request that the Administrator
reconsider his  determination on the  acceptability of the test
facility,  based  on  data  or information  which  indicates  that
changes have been made  to the test facility and such changes have
resolved the  reason  for disqualification.
     Section  2 11 .1.11(a)(2),  concerning the  operations of EPA
personnel  at a  manufacturer's  private test facility, has been
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changed to state that the Administrator, when testing at a manu-
facturer's test  facility, will use Agency equipment.
     Revisions  limiting the Administrator's discretion  in the
number of  products to be tested  under Section 211.1.11  of the
regulation are  amenable to EPA.   However, limits  that will be
Placed on the  Administrator's discretion will  be based on particu-
lar industry  characteristics such as  number of manufacturers,
total number  of  products distributed  in commerce by  manufacturers
and other  characteristics which  the Administrator  may see  as ap-
propriate.  These  limits will,  because of their  nature,  be re-
quired to be placed under the individual product-specific Subparts
°f Part  211.   Consequently, Subpart A,  section 211.1.11 will not
   changed at this time but may  be  amended  in other  Subparts.
                               211

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                    SECTION 8:  ECONOMIC IMPACT
8.1  REQUESTS FOR FURTHER AGENCY ECONOMIC ANALYSIS
     A  number  of oral  and  written comments  to  the  public docket
focused  on  the issue  of  the labeling  program's  economic impact.
Specifically,  41  commenters* were  concerned about  higher prices
for  labeled products,  or increased  taxes  due  to  administrative
costs.
     Several individuals  who supported the  labeling  program com-
mented on the  topic  of higher costs for consumers.   One commenter
(919),  a  factory  worker and  union  official,  stated  that he would
rather see these increased costs passed on to the consumer than to
the worker,  since  quieter machinery is a cost  of production that
should not be born by the employee.
     Several manufacturers  (589,  590,  629,  907, 910)  called  for
extensive economic studies by the Agency to determine the labeling
program's costs  to industry  and  consumers,  in lieu  of immediate
implementation of  the program.    The Ford  Motor  Company  (907)
stated they  could  find no evidence in the  Draft  Background Docu-
ment  [5]  or in the Notice of Proposed Rulemaking (NPRM) [6]  that
the Agency planned to consider the increased costs to the consumer
in  assessing the  expected  health  and welfare  benefits  from  the
labeling  program.    Therefore,  Ford urged  a comprehensive  cost-
benefit analysis of  each  proposed product  labeling  action before
mandating such action.   Ford contended that  such an  analysis
(of impacts  on consumers) is required on the  basis  of Executive
Order 11821, as  extended by  Order  11949  'and as  construed  by  OMB
Circular No. A-107.    Their   concern seemed  to result  from their
reading of the  NPRM statement that the economic analyses "will  not
address potential market  effects  that  may be produced as a result
of the  information provided  on  the  Federally required label...."*'
*(008, 027, 028, 029, 042, 043, 057, 068, 070, 072, 094, 142, 167,
 214, 252, 253, 299, 301, 328, 356,  360,  370,  373,  404, 426, 454,
 468, 572, 575, 592, 597, 603, 614,  621,  639,  681,  697, 914, 922,
 923, 933)

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This  concern  was also  expressed  by  the  Outdoor Power Equipment
Institute (OPEI)  (590) along  with  the  Compressed Air  and Gas
Institute  (CAGI)  (910).   In addition,  OPEI  thought the Agency's
analysis should consider recordkeeping costs.
     The Association of Home Appliance  Manufacturers (AHAM)  (629)
claimed  the  Agency  should  consider  "potential  market effects",
since the  (labeling) program  could  have a serious  adverse  impact
on manufacturers who not  only  label their products but also make
them quieter.  AHAM contended that  all  economic  impacts should be
addressed before publication of  any  proposed  rule-making.
     General Motors  (622)  combined  their concern about increased
consumer prices with several recommendations  for  minimizing  costs:
"(1) keep  the  label simple; (2)  avoid  change in range reference
(if adopted), and (3) allow the manufacturer freedom in the  label
design and application  to  his product."
     A different  approach  to cost/benefit analysis  was  taken by
the Director of  the  Office  of  Consumer Affairs of the Department
°f Health, Education and Welfare  (623), who believes there  should
be an  experimental  stage  where a, few products are  initially
selected for labeling and  cost/benefit  analyses  of these actions
Precede further product  selections.
     Finally,  an  economist  (955) turned  the  focus  of attention
toward  the costs of noise, arguing  that on-the-job  accidents,
          disability claims, and general loss  of productivity
    to  lack  of sleep,  annoying work  conditions, etc., represent
excessive costs to society  that often can be attributed to noise
Pollution.   He  alpo felt  the problem of  excessive noise was
increasing due  to urbanization and that  the labeling program would
help to make the  market mechanism operate more effectively.  The
overall implication was that  the net costs  of labeling  might be
e*tremely small,  or  even negative, if  noise is  reduced through use
°f the label  information.
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Response;
     The economic impacts of the Agency's Section 8 noise labeling
program  will  be  addressed  within  the  product-specific  labeling
actions  to  be proposed in the  future  and not for  the  total  pro-
grammatic effort.   The intent  of Congress to establish  the label-
ing  program and  to require the  labeling of  noise-producing  and
noise-reducing products  is  evident  in  Section 8  of  the  Act  and
does not warrant a comprehensive cost/benefit analysis.
     The analysis  of  the economic  impact  of the product-specific
regulations will entail a determination of  the manufacturer's costs
in  complying  with  the  labeling requirements.   The analysis  will
therefore focus on  testing costs, recordkeeping costs, and product
packaging/labeling costs.
     In  response  to the criticism concerning the  failure  to  ana-
lyze "potential market effects," the Agency reemphasizes  that  it
will assess  the  impact  of  the labeling  requirements on  manufac-
turers and product prices that result from the costs listed above/
but will not consider possible price increases or decreases due  to
redesigning of products to  attain a  lower noise rating or  to
market  shifts produced by the  information on  the labels.  The
rationale for  this approach  is that  the noise  labeling  program
does not require  any changes  in  products'  acoustical performance
or  in  their  markets but  simply provides information that may
facilitate  more  informed voluntary market choices by  product
purchasers.
     Finally,  the Agency does not believe  that an experimental
stage  is warranted nor permitted  by  the statutory  language  of
Section 8,  which clearly assigns EPA a nondiscretionary  mandate  to
label noise  producing and noise  reducing products.

8.2  Submission of Cost Data by  Industry
     Though  manufacturers expressed a great deal  of concern about
the  costs  associated  with  the  labeling  program,  very
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submissions included specific  cost  data.   Listed  below  are brief
references to  these  limited  cost figures and  the  relevant docket
entry numbers.
     •    The American Rental Association (908) said a noise label
          they developed for  an  air compressor  costs  $5.00  per
          label.
     •    Outboard Marine (660) gave the following cost estimates:
             Testing  and  certification = $3,000 per year
                                               per model
             One-time process engi-
               neering  changes         = $2,000
             Labels and application
               costs                   • $9/000 per year
     •     Aural  Technology  (949)  stated  that  a pressure sensitive
          label would  cost  three cents  per  unit,  while  a sample
          brochure with the label information  printed  on it would
          cost 1  1/2  cents  per  unit.    Costs for  graphics  and
          preparation of  camera-ready copy were $10,000,  of which
          $7,500  were non-recurring expenses.
     •      Air-Conditioning  &  Refrigerator Institute  (ARI)  (902).
          cited an  estimated  labeling  cost  of $1.00 per  unit.
     •     The  International  Acoustical  Testing Laboratories (400)
          said  the standard fee for  conducting  a sound power test
          in accordance  with  ANSI SI.21  is  $300  but  this figure
          would be reduced to  $200  if fewer  frequency  bands were
          taken.   A  single-number  sound power level test  would
          cost  around $150.
     •      Flents  Products  (904)  said an  (ANSI) attenuation test
          costs about $2,000 and  added that labeling  would add 80
          percent to  the  costs  of  some of their containers.
     In relation  to  testing costs about  which several manufactur-
     complained,   one acoustics  expert  (909) felt  the  labeling
            would  eventually  result  in  lower fees,   given  rapid
advances in technology  induced  by  new economic incentives.
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Response
     The Agency appreciates  the  submission of these data on test-
ing and labeling  costs  and welcomes any additional documentation.
These cost  data  will be  given due consideration  in  the Agency's
product-by-product economic analysis.
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                   SECTION 9:   CONSUMER  ISSUES
9.1  PROBLEMS EXPERIENCED IN COMPARISON SHOPPING
     The  labeling  program presumes that  consumers  will  consider
the  factor  of  noise in  their  purchasing  decisions,  if  given the
opportunity to do so by  having access to  information on products'
noise ratings.
     A number  of commenters who were critical of the  labeling
program  maintained that they were capable  of exercising  their
own  independent  judgment  when purchasing  products.(a)   Some
expressed the opinion  that  they  could  individually  determine the
quieter  product  without  noise level data on a  label  (122,  128,
217); while  others felt  the market mechanism was  sufficient  to
Produce  less  noisy products,  if  in fact  consumers  desired  such
products  (113, 284, 356,  412,  434).   One businessman stated that
consumers who care  about  the noise  level  of  products  can ask for
demonstrations  at the  point-of-sale  (88).
     A number  of  commenters  were in  disagreement  with  these
general positions.  Many commenters supported  the program on the
basis  that it would  permit  greater  consumer  choice and  would
facilitate  comparison shopping.(">  Others asserted that  they
would use the  noise-related  information  to comparison  shop  if  it
were provided (448,  601,  617, 931, 943).
     According  to  many commenters,  information on  product  noise
levels is generally unavailable.   Some  persons  cited  cases  where
they experienced difficulties  in  shopping for  quiet products.(c)
Others (505, 564) stated  that  they  would  not have purchased cer-
tain noisy products if the package had contained a  label indicat-
ing the  noise  characteristics.   One commenter  (667)  who  had con-
siderable experience in the  acoustics  field,  claimed that despite
(a>(43, 123,  177,  217,  364,  591, 923).
(b)(30,238,  363,  595, 730).
(c)(403,  456, 499,  534,  553, 609,  618,  638,  667,  669, 901,
   903, 932,  937,  943).

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his  expertise,  he confronted  major  problems  in comparative  shop-
ping  for  quiet products.  A  consumer  (943),  who testified at the
public  hearing  in San  Francisco,  complained that  she spent con-
siderable  time  trying  to research  the  topic  of  household  noise
but  could not  find  information on the  noise  levels  of certain
products.   The Ford  Motor Company  (907)  also admitted that, even
though  the  company's  advertising  in some cases stresses  the  quiet
quality of  its  cars, interior  noise  level data are not  provided to
consumers.
     Another point brought out  in  the docket  is  that even  where
industries have developed a voluntary  noise labeling program, con-
sumers  still  are  presented  with  obstacles  hindering  intelligent
purchasing  decisions.   For example,  the International Snowmobile
Industry  Association  (611)  explained  that  their certification
program does not,  at the current  time,  provide consumers with
specific  information  about  noise  levels  at the  operator's ear*
Oral testimony  given on behalf of the  Air Conditioning  and Refrig-
eration Institute  (ARI)   (902)  indicated the problems  a consumer
would confront  in  trying  to  determine  the noise emitted by an air
conditioner certified  by ARI.   The  ratings  are provided  in a
directory which costs several dollars.  Since ARl's address is not
on the  label,  most consumers  would  not  even know where  to go to
obtain the directory,  if in fact  they knew one existed.
     Two  commenters  (431,  644),  who expressed  support for the
labeling  program,  suggested  that merchants be  required to demon-
strate  products on  the  salesroom  floor, thereby  providing  some
direct  information about product noise  levels.   Other commenters
(470, 901, 937), however, mentioned  the major problem  in  utilizing
this approach - namely, the unreliability of demonstrations due to
the effect of the storeroom environment on a product's  noise  emis-
sion properties.   Besides noting  the impossibility  of  realistic
product demonstrations  in storerooms, a  Program  Manager  for  an
areawide  environmental noise  program (901)  mentioned  that product
comparisons between  stores  are  meaningless  due to  variations  in
ambient levels  and a  person's inability  to recall  or remember the
precise noise levels  of  products  he  listened to previously.

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     An  issue  related  to  the problems  consumers face when  compari-
son  shopping  is  the  extent  to which there  exists  misleading
advertising about  product  performance  with respect to noise prop-
erties.    Complaints  about misleading  or  false  advertising were
made by  a number of commenters  (4, 41,  189,  403,  547).   In addi-
tion, several  professionals in the noise control or acoustic field
(952, 953,  954)  claimed  that  some testing  laboratories  frequently
engage  in  fraudulent  or  unethical activities designed  to cast
their clients' products in the best possible light with  respect to
noise  emissions.   An  acoustics consultant  (952)  commented  at
length  about  the  manipulation  of  measurement methodologies by
testing  laboratories   and  recommended  that the  labeling  program
include  as  one of  its  objectives the elimination of false, unsub-
stantiated noise-related claims of manufacturers.
Response;
     None required.

9.2  FREQUENCY DISTRIBUTION OF NOISE-RELATED
     COMPLAINTS ABOUT PRODUCTS
     Many commenters,*  in their  letters or  oral testimony, identi-
fied products  which they  consider  noisy and which  they  believed
should be labeled  or  otherwise   regulated  with respect  to  their
noise emission.   A tabulation of these products  is  presented  in
Table 2-1  for  information purposes only.  Excluded from  this tabu-
lation were comments made on behalf of potentially affected indus-
tries or trade associations.
     While it  would be helpful to have  an  exact count on  the num-
ber of persons who actually  recommended that  a certain product be
labeled,   many  persons  simply listed  a series  of  noisy products.
Consequently,   the  tabulation cannot be  interpreted as an  endorse-
ment  for  labeling the  specified  products.   However,  in  most
instances the  respondent who mentioned noisy products was  support-
ive of noise control.
*Entries 687  through 720  and  731  through  745 were  received  too
 late for inclusion in this frequency distribution.
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                             Table 2-1
                Number of Noise-Related Complaints
                    Made About Various Products
Household Appliances
Appliances
  kitchen appliances
  appliances with electric
    motors
  small appliances around
    the face
Clothes washers
Coffeemakers/grinders
Dishwashers
Electric brooms
Electric scissors
Electric shavers
Fans
  electric table fan
  exhaust or hood fan
  floor fan
  window fan

Hearing and Cooling Systems
Air blowers
Air conditioners2
Dehumidifiers/humidifiers
Furnaces
  forced-air heating units
  furnace fan
  heat blowers
                            23(26)1
                             1
                             1
                            25
                             6
                            47
                             3
                             1
                             1
                            14(22)
                            11
                             5
                            11
                             1
                             3
                            77
                             3
                             2(9)
                             4
                             2
                             1
Floor polishers
Fluorescent lamps
Freezers
Garbage disposals
Hairdryers
Meat grinders
Mixers
Refrigerators
Sewing machines
Trash compactors
Typewriters
Vacuum cleaners
Water softening device
Heat pumps
Ventilation equipment
Products with Sound-Producing Function
Bird-frightening devices"2Tape Recorders
                             1       Televisions
                             3         commercials
                            10       P.A. systems
                            11       School bells
                            16       Sirens
CB radios
Musical equipment
Musak
Radios
Stereos
Toys
Air horns
"Big Wheels"
Electric trains
                             1
                             7
                             1
Firecrackers
Model boats/planes
Toys
  2
  5
  2
 10
 41
  1
 19
 71
  1
  1
  6
106
  1
  4
  2
                           16(30)
                           14
                            2
                            1
                            2
  1
  3
  3
^-Numbers in parentheses represent the total number of complaints
 for a product class, or the sum of the general product references
 (e.g., fans) and the specific references (e.g., floor fan, exhaust
 fan, etc.)
20nly five individuals specified central or room air conditions.
                                220

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                         Table 2-1 (Continued)

                 Number of Noise-Related Complaints
                     Made About Various Products
 Surface and Air Transportation
 Airplanes
   Concorde
   Military
 Bulldozers
 Buses
 Freight  trains
   Whistles
 Helicopters
 Motorboats
   outboard motors
   Jet-ski
 Motorcycles
 Mufflers
Lawn and Garden Equipment
Blowers   ~
Compost grinders
Garden tillers
Hedge trimmers
Lawn and garden equipment

Power Tools
Chain/ power saws
                             20(26)
                              3
                              3
                              1
                             13
                              5(9)
                              4
                              1
                              8(15)
                              6
                              1
                            138
                             11
                             5
                             1
                             2
                             1
                            26
                            36
                             5
         Passenger cars
           mufflers on cars
           horns
           foreign cars
           hot rods/race cars
         Recreational vehicles
           snowmobiles
           motor/trail/minibikes
           dune buggies
         Tires
         Tractors
         Trucks
           garbage  trucks/
            compactors
         Vans
        Lawn edgers
        Lawnmowers
        Tree cutters
        Tree, limb and leaf
          shredders
        Power tools
Illness/Indus trial/Commercial Equipment
Ai*.	                   2       Highway construction
                             1         equipment
  --.  compressors
 Bridgeport
 Coding  tower
 Computerized  cash  registers
 Computers
 Construction  equipment
 Drop forge

 MsceUaneous
•ftiectric irrigation pumps

    cream vendors
1
1
1
4
1
                             1
                             2
                             1
                                     Industrial equipment
                                     Jackhammer
                                     Lathe
                                     Mill
                                     Transformers
                                     Pool  filter  pumps
                                     Vending machines
                                                                  46(68)
                                                                  12
                                                                   1
                                                                   3
                                                                   6
                                                                   2(41)
                                                                  16
                                                                  21
                                                                   2
                                                                   1
                                                                   5
                                                                  41(48)

                                                                   7
                                                                   1
                                                                  1
                                                                 86
                                                                  1
                                   23
                                                                 2
                                                                 5
                                                                 2
                                                                 1
                                                                 1
                                                                 1
                                    3
                                    1
                                221

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     Other  interesting  situations  were  provided by commenters who
opposed  labeling  but supported  noise emission regulations  for  a
particular product,  and by the  few individuals who complained
about a source of noise but opposed Federal action.
     The  particular products mentioned  are grouped  into  several
general  classes  (e.g.,  household  appliances,  heating  and  cooling
systems,  etc.).   Some  general  product  references such  as  appli-
ances were  recorded in  certain instances, but  not in  the  case of
complaints  about the  noise  of  "traffic,"  "urban life," or  similar
generalities.  In  the case  of  "motor vehicles," the  complaint was
recorded  under "cars" and "trucks."   In many instances there were
general references  to a product class  (e.g.,  passenger  cars)  and
specific  references to  types within a  class or components  (e.g.*
foreign  cars, hot  rods, auto mufflers, etc.)   Complaints  were
tabulated separately for both general and specific references; the
total number of complaints for  a particular class is shown in
parentheses in Table 2-1.
     Although this list cannot be interpreted in terms of the per-
centage of  the public  supporting  labeling  of a  product,  it does
offer some  guidance about perceived  noisy  products.  Of  course/
an  intervening variable affecting the number  of  complaints  about
certain products was the mention of possible candidates for label"
ing  in the  news  stories that may  have  generated some of  the re-
sponses.   All  such  news  stories,  however,  did not include  refer-
ences to possible candidate  products.
Response;
     None required.

9.3  EFFECTS OF NOISE
     The  issue of determining whether or  not  a product is  capable
of  adversely  affecting  the  public health or welfare is  discussed
in  Section  1.2.2.   That discussion included a review  of manufac"
turers1  claims that their products  did  not have  this  capabilit:^
and—at  their worst—could   only  be described  as annoying.
                                222

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comments summarized in  this  section  offer a different perspective
in  that they  represent  complaints  about the  effects of  noise
pollution.  Some of  these  comments  refer to environmental noise in
general, while others cite specific  products.   (For  a list of all
product complaints,  see  Section  9.2).
     Of  the  approximately  45  commenters who made  reference to
the effects  of noise on  people,  35  cited some  aspect  of harmful
effects  from  product  noise,  either  physical,  psychological,  emo-
tional, social, or some  combination.*
     The extent and variety of  harmful effects attributed to noise
by  these commenters  varied widely  as did the  sources of  noise
which they claimed  to cause  these  effects.   Six  of the commenters
were from medical doctors, some of whom specialize in audiological
areas of medicine  (64,  211,  579, 913,  927, 950).   The physicians
noted such factors  as  chronic  tension  for  those persons confined
to  the  home,  caused by  some noise  sources,  the possibilities of
hearing loss (especially  in the high frequencies), and the special
health problems noise  can cause for  the  very  young,  the elderly,
the nervous  and  the  sick.  Several of  the  physicians—as  well
as  some  non-medical commenters—also  pointed  out that different
People react differently  to  noise;  what  might be  a  harmful  noise
level in some  way to one person  might have no  harmful  effect on
another.   Two  of the doctors   (913,  927) cited  the  difficulty in
establishing  a causal relationship between hearing loss and noise,
a point also made  by  an Iowa  State University professor  (922)
about physiological damage with respect to household noise.   One
Physician  (927)  stated,  however,  that  experiments   to  establish
such relationships could be conducted.


**elevant comments not cited  elsewhere  in  thet section are:
 119,  262,  278, 281, 410, 471,  485,  502,  514,  529, 537, 556, 586,
 589;  612!  645; 674; 675, 678,  680,  901,  903,  906, 916, 923, 938,
 940,  944,  949.
                                223

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      On  the degree  of the  harmful  effects of  noise,  a Kirkwood
 Community  College consumer  education specialist  (929)  testified
 that  an  estimated 14 million Americans have suffered some type of
 hearing  loss and that many  of  these  cases  might be attributed to
 noise pollution.   A  representative of a  local Iowa  education
 association  (939) stated that  7  percent  of their districts'  stu-
 dents had hearing problems,  40  percent of which are of the serious
 high  frequency  type. He  asserted that there is a direct relation-
 ship  between noise exposure  and hearing loss in children.  Several
 commenters  from the  educational professions (485,  939,  916,  929)
 cited the distracting  effect of noise to students' study abilities
 and its disruption of  classroom activities.
      Members of  the  American Association of Retired Persons (AARP)
 (917)  and various trade  unions  (742,  918,  919, 920), testified to
 the dangers of factory noise exposure for workers.  An AARP repre-
 sentative  (917)  stated  that between  20 and  30 percent  of  those
 over  55 seeking employment through AARP  have  some  degree  of
 hearing loss arising from factory noise exposure.
      One  individual  (52) noted the  very  special effects of  en-
 vironmental noise on professional musicians, requiring adjustments
 in playing style and in instrument tuning.   Commenters (922,  937)t
 citing the  harmful  effects  of  noise, emphasized  its less obvious
 impacts of increased stress and tension in daily life.
      A number  of commenters  (211,  471,  502, 514, 529,  645,  6741
 675,  916, 938, 944) noted adverse effects attributed to  particular
 products, including  air  conditioners, refrigerators, dishwashers*
 vacuum cleaners, office equipment and  chain  saws. Most of
 adverse effects  noted  consisted  of  annoyance or interference
 conversation or  thought, but possible  physical hearing  loss
 cited  by  physicians  for  operators  of chain  saws  (913),  snowmo-
biles, tractors, saws,  diesel trucks (for mechanics), air compres-
 sors and shredders (950).
Response;
     None required.
                                224

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                        REFERENCES FOR PART II
M]   Federal Register,  Vol.  42,  No.  120  - Wednesday,  June 22,  1977,
     pp.  31722  throuqh  31728;  31730  through 31738.

[2]   Public Health and  Welfare Criteria  for Noise.   EPA 550/9-73-
     002,  July  27, 1973.

[3]   Information on Levels  of  Environmental Noise Requisite to Pro-
     tect  Public Health and  Welfare  with an Adequate  Margin of
     Safety. EPA 550/9-74-004,  March  1974.

[4]   "Constitution of the World  Health Organization",  1948, 1211
     Geneva 27,  Switzerland.

[5]   Draft Background Document for Product Noise Labeling:   General
     Provisions.EPA 550/9-77-253,  April, 1977. pp.  2-15,  4-24.

[6]   Notice of  Proposed Rulemaking.  Noise Labeling  Standards:
     General Provisions  Federal Register, Vol.  42,  No. 120 -  Wednes-
     day,  June  22, 1977,  pp. 31722 through 31728.

[7]   Notice of  Proposed Rulemaking.  Hearing Protectors:   Noise
     Labeling Requirements   Federal  Register,  Vol.  42,  No.  120 -
     Wednesday,  June 22,  1977, pp. 31730-31738.
                                225

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      APPENDIX A
  DEFINITION OF ISSUES
FROM EACH DOCKET ENTRY

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APPENDICES

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                        WRITTEN COMMENTS
Docket Number, Name,
    Affiliation
                  Comments
77-8-001
Larry Woods, Attorney
1.   Asked to be notified about time and place of
    public hearings.

2.   Suggested standards be set on interstate highway
    construction noise and planned to suggest products
    for labeling at a later date.
    -002
Leona and Karl Wilhelinsen
1.    Suggested standards be set on motorcycles, and
     snowmobiles.

2.    Mentioned chain saws and lawn mowers as
     noisy products.
     •003
Richard Grunow
1.   Expressed cynicism about public leaders* com*
     mitment to environmental protection.
     -004
Horace MacMahan
 1.   Suggested labeling of hairdryers, lawnmowers,
     window fans, washing machines, refrigerators,
     and air conditioners and noted misleading
     advertising claims about noise.

 2.   Expressed support for program.
     -005
 tors. Peter Hullin
 1.   Expressed support for program.

 2.   Expressed concern over lawnmower noise.
     •006
 fcbonda Beasley
 1.   Expressed support for program.

 2.   Expressed concern over noise from air
     conditioners.
     •007
 Bl»rt Fisher
 1    Expressed opposition to program as an en-
      croachment on individual freedom.
                                        231

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Docket Number, Name,
     Affiliation
                   Comments
77-8-008
John Statler
1.   Expressed opposition to program and concern
    over its cost.
     •009
Vann Ellis, Attorney
1.   Expressed support for program.

2.   Expressed concern over pesticide pollution
    from Reserve Mining Corporation.
     -010
Joe Aspitarte
1.   Requested information on standards for road
     equipment.
     -Oil
Jack Cirrencione
1.   Requested information on program.
    -012
Archie Frank
1.   Expressed support for noise abatement,
     expecially freight trains, race cars, unmuffled
   ,  motors, and motorcycles.
     -013
Chester and Edna Darnell
1.  Expressed concern over motorbike noise and
    lack of local noise enforcement protection.

2.  Included a letter fromTexas Environmental
    Coalition on same problem.
    -014
Mrs. W. W. Lynch
1.   Expressed concern over noise from motorcycles*
     trucks and cars, seemingly unmuffled.
     -015
Mrs. Arthur Klavans
1.   Expressed approval of program.

2.   Expressed concern over noise from musical
     equipment, T.V., and trucks.
                                        232

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Docket Number, Name,
     Affiliation
              Comments
77-8-016
Charles Wilson
1.   Expressed approval of program,

2.   Suggested standards be set on motorcycle noise.
    •017
Helen Williams
1.   Expressed concern over all forms of environmental
     noise, especially motorcycles, trucks, radios and
     stereos.

2.   Expressed disillusionment with government
     inaction over problem.
     -018
Phyllis Roberts
1.   Suggested that raising public consciousness
     of the noise problem should be a first priority.

2.   Suggested standards be set for air conditioners.
     •019
Charlotte Ackley
1.   Suggested we worry more about noise from
     factories than about lawnmowers.
     •020
Qfeen Kiringer
1.   Expressed opposition to program.
     •021
Paries Ladd
1.   Expressed concern over noise from major highways,
     citing ineffective mufflers.
     •022
      Schrader
1.   Suggested labeling and reducing noise from
     motorcycles.
     •023
John Cutshall
1.   stated that except for motorcycles and heavy
     trucks, Augusta, Georgia is a quiet town.

2.   Expressed disillusionment with local law enforce-
     ment inaction concerning motorcycle noise.
                                          233

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Docket Number, Name,
    Affiliation
                Comments
77-8-024
Jon Helberg
1.   Expressed concern over motorcycle noise.
     -025
Robert Northrop, Civil Engineer,
City of Trenton
1.    Requested information on product noise labeling
     rules
     -026
Kenneth Piercy
1.   Expressed interest in noise abatement and concern
    over local railroad noise, particularly horns on
    diesel engines.
     -027
Dennis Kortman
    While approving concept of program, expressed
    opposition to noise labeling because of:
    a.   increased cost to consumer,
    b.   increased government cost to implement
         program,
    c.   educational problem of teaching public to
         understand decibel ratings.
    Expressed view that there are far more pressing
    problems facing our country than informing con-
    sumers of product noise level.
     -028
Dodie Wheeler Haus
     Expressed view that it is not the product, but
     the unreasonable user that causes greater noise
     pollution and no amount of labeling is going to
     prevent the noise problem.  Also cited costs to
     taxpayers and industry.
     -029
James Mogan, Ted Richardson
     Expressed opposition to program because of
     cost to taxpayers.
     -030
Mrs. E. G.Koch
     Expressed support for program which would permit
     consumer to weigh cost and noise level when
     purchasing a product
                                        234

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Docket Number, Name
    Affiliation
                  Comments
77-8-031
Freda Bertaghali
1.   Expressed concern over noise from "computer*
    cash registers made by NCR.
     -032
Dan Olsen
1.   Expressed approval of program.

2.   Expressed concern over noise from motorcycles
    and trucks, washing machines and suggested
    labeling them.
     -033
 Ruth Jubach
1.   Expressed concern over motorcycle noise.
     -034
 Edward Golick
 1.   Suggested standards be set on motorcycle noise.
     -035
 Joseph Shepherd, Former Safety
 Chairman, Union and Management,
 GAP Corporation, Linden, N.J.
 1.   Expressed support of any noise abatement program.

 2.   Expressed concern over auto horn noise, and
     suggested EPA action.

 3.   Included newspaper articles on the subject
     -036
 Thomas Evans
                                       1.   Expressed approval of program.
     -037
 Thomas Eridson
 1.   Expressed approval of the setting of standards
     for noise emission levels.

 2.   Suggested standards be set for motorcycles and
     snowmobiles.

 3.   Expressed disillusionment over state of Minnesota's
     delay in setting noise standards for snowmobiles.
                                         235

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Docket Number, Name
    Affiliation
                Comments
77-8-038
Allan Callauder, Material's Engineer
Astrocom Electronics
1.   Requested information on the program.
     -039
E. R. Milholen
1.   Expressed concern over motorcycle noise.
     -040
L. Risnain
1.   Expressed concern over noise from buses.
     -041
Emmett Joseph
1.   Expressed approval of program.

2.   Expressed concern over noise from motorcycles,
     loud cars, and lawnmowers, which have mis-
     leading advertisements about noise emission.
     •042
Disgusted Citizen
I.    Suggested attention be focused on noise from
     airplanes, trucks and motorcycles, rather than
     appliances.

2.    Expressed disillusionment with money spent
     on programs that are never carried out
     -043
A concerned, and over-
protected consumer
     Expressed disapproval of program because of
     cost to taxpayers and because he/she feels that
     he/she can make decisions for his/herself.

     Expressed concern over truck and motorcycle
     noise.
     -044
Reba Roberts
     Suggested labeling of vacuum cleaners,
     airconditioners and refrigerators.

     Expressed view that major source of noise is from
     motorcycles, cars with double mufflers and
     lawnmowers.
                                        236

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Docket Number, Name,
    Affiliation
                    Comments
77-8-045
C. Schuster
1.    Suggested rapid passage of noise abatement
     legislation.

2.    Expressed view that major noise sources are
     motorcycles, lawnmowers and vacuum cleaners.

3.    Expressed "whole-hearted" support for EPA.
     -046
W. M. Wilson
1.    Expressed support for noise labeling and abatement.
     -047
Mary O'Neal Broida
(Insert into Docket 77-5)
1.    Requested information about effective hearing
     protectors.
     -048
Frank Ecklin
1.   Suggested attention be devoted to abating motor-
     cycle and auto noise, rather than appliance noise.
     -049
Joe McCartney
1.   Expressed view that labels will not be effective.

2.   Suggested enforcing noise levels after products
     are sold.

3.   Expressed concern over motorcycle noise.
     •050
 Larry Bernstein
 1.   Expressed approval of program.

 2.   Expressed concern over noise from hairdryers.

 3.   Suggested standards be set for motorcycle noise.
                                            237

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Docket Number, Name
     Affiliation
                Comments
77-8-051
Morris Tenenbaum
(Insert into Docket 77-5)
1.   Expressed approval of program.

2.   Expressed concern over noise from lawnmowers,
     radios, stereos, TV's, air conditioners, trucks,
     motorcycles, autos, dishwashers, garbage dis-
     posals, washers, and dryers, vacuum cleaners
     and furnaces.

3.   Noted a NILECJ, LEAA publication on ear
     protectors on firing ranges.
     -052
John Connolly
(Insert into Docket 77-5)
1.    Expressed support for noise labeling.

2.    Expressed support for labeling of hearing protectors.

3.    Noted effects of noise on professional musicians.
     -053
Patrick Holychuck
1.   Requested information.
     -054
John Race
1.   Expressed concern over noise from outboard
     motors and "Jet Ski."
     -055
Robert Casper
1.   Expressed concern over lawnmower noise.
     -056
Jack Ruefseaun
     Expressed interest in reducing all noise especially
     that produced by motorcycles, cars and planes.
     -057
Leonard Hemog
     Expressed opposition to noise labeling because
     it is costly and unwanted.
                                       238

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Docket Number, Name
    Affiliation
                Comments
77-8-058
James Bogar
(Insert into Docket 77-5)
1.   Expressed opposition to program because it is
     "ridiculous."

2.   Questioned procedures.

3.   Also opposed to labeling hearing protectors.
     •059
Mrs. David Butler
1.   Suggested we look into the "M-4 Scare Away" -
     a machine that is designed to produce thunder-
     clap explosions to drive away birds.
     -060
France Ledford
1.   Suggested penalties on manufacturers of products
     that create noise pollution.

2.   Expressed disbelief that noise can be controlled
     on local level.
     -061
Anna Moss
1.   Expressed support of noise abatement

2.   Expressed particular concern for loud TV com-
     mercials and loud background noise on TV shows.
     •062
Mrs. R. A. McDonald
1.   Expressed concern over auto noise.
     -063
Daniel Shoemaker
1.   Suggested elimination of general din (e.g.,
     lawnmowers).

2.   Suggested development of better mufflers
     -064
Hunter Healhy.M.D.
Mayo Clinic, Rochester, Minn.
 1.   Expressed approval of noise labeling program.
     Although he believed there is too much govern-
     ment regulation of private industry, he favored
     noise labeling because his experience as a
     physician made him aware of the effects of
     noise.
                                       239

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Docket Number, Name
      Affiliation
              Comments
77-8-064 (Continued)
2.   Suggested implementing requirements slowly
     in order to avoid disruption of industry.

3.   Suggested giving industry some incentive to
     offer labeling on their own.

4.   Suggested a 1-10 rating scale.
     -065
Raymond Mahr
1.   Expressed support for the program.

2.   Suggested we concentrate on noise sources
     most objected to by individuals, namely
     motorcycles.
     -066
Earl Benham
1.   Suggested noise labeling of motorcycles,
     airplanes, lawnmowers, vacuum sweepers,
     and power saws.
     -067
E. A. Pahlke
1.   Suggested action be taken to lower noise level
     of TV commercials.
     -068
Shiryl Mastalesh
1.   Expressed opposition to labeling because of
     costs.

2.   Suggested abating airplane and motorcycle noise
     and enforcement of other pollution laws.
     -069
Mrs. Vemon Wafl
(Insert into Docket 77-5)
 1.   Expressed interest in program and concern
     over all environmental noise.

 2.   Requested information on effective hearing
     protectors.

 3.   Discussed ineffective hearing protectors.
                                          240

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Docket Number, Name
      Affiliation
                  Comments
77-8-070
J. E. Lilly
1.   Expressed opposition to noise labeling because
    of cost to consumers and because of belief that
    public will not understand the ratings.
     -071
Unsigned
1.    Suggested action on auto and motorcycle noise.
     -072
Lawrence Bates
1.   Expressed view that noise from appliances is not
    disturbing, but some auto mufflers and his type-
    writer are.
                                        2.   Opposed the program because of increased costs
                                            to the consumer.
     •073
Velma Bredberg
1.   Expressed approval of noise labeling.

2.   Expressed concern over noise from her vacuum
     cleaner and kitchen mixer.
     -074
George Christensen
1.   Suggested strict control of motorcycle noise.
     -075
John Betzo
1.   Expressed opposition to noise labeling.
     •076
Dorothy Stewart
1.   Suggested labeling of: washers and dryers, fans,
     vacuum cleaners, blenders, air conditioners,
     stereos, hand tools.

2.   Suggested stronger action on noise from motorcycles,
     trucks and buses.

3.   Expressed view that labeling will require strict
     enforcement by local authorities.

4,   Expressed full support for noise program and for
     EPA in general.
                                          241

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Docket Number, Name,
     Affiliation
                    Comments
77-8-077
Dr. Audrey Oaks
Oklahoma State University
1.   Expressed support for any efforts that will
     lower environmental noise.

2.   Suggested more rigid controls than now in effect.
     -078
Anita Rhein
1.    Expressed support for noise abatement efforts.

2.    Cited motorcyles and truck-mounted trash com-
     pactors as noise offenders.
     -079
James Dickey
1.    Expressed support for noise labeling.

2.    Suggested labeling of cars, trucks, and buses.
     -080
Mrs. Alice Banner
1.    Expressed support for stricter controls on motor-
     cycle noise.
     -081
Mary Zaehringer
1.    Expressed support for noise abatement

2.    Suggested lowering of television noise.
     -082
Clifford Root
1.   Expressed support for labeling program.

2.   Suggested labeling of: vacuum cleaners, air
     conditioners, typewriters, clocks, fluorescent
     light fixtures, power drills and saws, electric
     trains, blenders and dishwashers.

3.   Suggested housing developers disclose the noise
     reducing characteristics of the walls in new
     dwellings.

4.   Suggested public hearings in Binghampton, N.Y.,
     inside a shopping mall so consumers can participate.

5.   Wanted to be kept informed on program.
                                    242

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Docket Number, Name,
       Affiliation
                   Comments
77-8-083
Mrs. Douglas Nock
1.   Expressed support for noise labeling.

2.   Suggested labeling of blenders.
     -084
E. M. Dunbar
1.    Suggested abatement of highway noise.
     -085
Unreadable
Unreadable
     •086
 Harley Reabe
I.   Expressed support of noise labeling.

2.   Expressed concern about motorcycle, power-
     tool, lawn and garden equipment, chain saws,
     and snowmobile noise.

3.   Suggested strict noise standards on all above
     named products with strong penalties for
     tampering with noise control.
     •087
 B. M. Rathbun
 1.   Requested information on the program.
     •088
 James V. Neely, President
 James Neely Nuclear Power
   Consultants, Inc.
 1.   Expressed opposition to noise labeling program
     because it would increase cost of products un-
     necessarily. Suggested, that consumers who care
     about noise levels can ask for a demonstration
     of a product prior to purchase.
     -089
 George Morgan
                                        1.   Asked for help with local airport noise.
                                        243

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 Docket Number, Name,
      Affiliation
                     Comments
 77-8-090
 Esther Schneider
 1.   Expressed concern over noise from trucks,
     motorcycles and cars instead of household
     appliances.
     •091
Marietta Smith
 1.   Expressed concern over noise from trucks,
     teenager's cars and lawnmowers.
     -092
Paul Gritchel
1.   Expressed view that noise labels are not needed
     until other noise and pollution laws are enforced.
     -093
Violet Taylor
1.   Requested action be taken to abate noise from all
     electric appliances, especially air conditioners,
     refrigerators and lawnmowers.
     -094
John W. Griffiths
1.   Expressed opposition to program as a waste of
     time and money.

2.   Suggested studying motorcycle noise.
     -095
Syma Talertic
1.   Expressed concern over noise from car radios and
     motorcycles.

2.   Expressed displeasure at the existence of many
     electric appliances.
     -096
Philip Reitter
1.   Expressed support for noise abatement efforts.

2.   Suggested that highway noise be abated by:
     a.   appropriation of more funds for noise
         research efforts;
     b.   adoption of a policy that all Federally
         funded highways be designed with noise
         control as a major construction
         priority; and
     c.   reducing the speed limit for trucks.
                                        244

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 Docket Number, Name,
      Affiliation
                     Comments
 77-8-097
 Dr. Stephen Konz
 Professor of Industrial Engineering
 Kansas State University
 1.   Suggested adoption of dBA as the noise rating
     measurement.

 2.   Included two articles on appliance noise.
     •098
 Sam Earl Esco, Jr.
 1.   Expressed support of program.

 2.   Requested any action to quiet neighbors' lawn-
     mowers and air conditioners.
     -099
 Lloyd Doyle
 1.   Expressed disillusionment with local law enforce-
     ment's lack of action to quiet motorcycles and
     cars.
     -100
 Sherwin Wood
 1.   Expressed support for "all kinds of noise abatement."

2.   Expressed concern over noise from air blowers
     on his gas furnace, chain saws, ice cream vendors,
     and lawnmowers.
     -101
Lester Moore
1.   Expressed the view that the Agency was not
     authorized by law to establish noise regulations.
     -102
       Hinsdale
1.   Expressed the view that noise from motorcycles,
     hot rods and minibikes should receive greater
     attention than household noise.
    -103
    Herbert Layman
1.   Expressed approval of noise labeling.
    •104
L- C. Veterseher
I.   Requested that the Agency influence manufac-
    turers to produce quieter motorcycles, RVs,
    chain saws, lawnmowers, dishwashers, powerboats.
                                     245

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Docket Number, Name,
     Affiliation
                Comments
77-8-105
Unsigned
1.   Commented negatively about the proposed
     labeling program.
     -106
Eilean Brain
1.   Suggested that motorcycles be considered for
     labeling.

2.   Requested more rigid standards for all types of
     pollution in order to protect her rights.
     -107
Fernando Curth
1.   Suggested that the dividing line between what should
     be labeled and what should be regulated is
     whether the noise has third-party effects.

2.   Suggested standards be set on noise from lawn and
     garden equipment
     -108
Norman Quinn
1.   Requested stronger noise abatement action.

2.   Supported noise control projects.
     -109
Phil Brown
1.   Expressed approval for noise labels.

2.   Requested action on railroad horn noise.
    -110
Leola Edgerton
1.   Suggested labeling of refrigerators with particular
     reference to an Amana model.
     -Ill
Mildred Guinessy
1.   Expressed support of noise labeling and suggested
     labels on air conditioners, lawnmowers, and vacuum
     cleaners.
                                        246

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Docket Number, Name,
     Affiliation
                   Comments
77-8-112
Mrs. dark
1.   Expressed concern over noisy mufflers and
     office noise.
     -113
Joseph Anderson
1.   Expressed opposition to noise labeling in the
     belief that the market place will take care of
     noise standards.
     -114
Margarette Gallagher
1.   Expressed concern over noise from cars, motor-
     cycles, and the kitchen in her retirement hotel.
     -115
A.Mauk
Michigan State Police
1.   Expressed view that concern over the noise
     levels of dishwashers and air conditioners is
     nitpicking.

2.   Suggested action to quiet motorcycles, snow-
     mobiles, outboard motors, chain saws, trucks,
     drop forges and airplanes, in that order.
     -116
Morris Barnes
1.   Asked if motorcycle and R.V. noise has been
     considered.
     -117
Albeit Mastee
1.   Expressed concern over noise from a local factory
     and disillusionment that local pollution control
     center will take no action.
    -118
Paul Did, Editor
Outdoors Magazine
1.   Expressed view that noise labels are ludicrous
     in light of motorcycle noise.
    -119
     Ann Hutton
1.   Expressed support for the program.

2.   Noted deleterious effects of noise on the quality
     of life.
                                          247

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Docket Number, Name,
     Affiliation
                 Comments
77-8-120
David Benforado, Supervisor
Enviommental Legislation and
  Regulations, 3M Company
1.   Requested information on program and Office of
    Noise Abatement and Control.
     -121
Mr. and Mrs. F. Miller
1.    Suggested hair dryers b  labeled.
     -122
C. B. Link
1.   Expressed opposition to noise labeling because
    of bureaucratic waste and belief that consumers
    can now buy quiet produ> ts using their own
    intelligence.
     -123
Kenneth Young
1.   Expressed opposition to all regulations because
    he is now capable of making an informed decision
    in the marketplace and because noise level of
    products makes no difference.
     -124
Susan Britt
1.    Suggested noise labeling of lawnmowers and
     blowers.

2.    Asked what can be done on the local level about
     noise.
     -125
William Hering
     -126
Mrs. Norman Solomon
1.   Expressed disillusionment over local government
     unwillingness to do anything about motorcycle
     and chain saw noise.

1.   Expressed support for noise labeling.

2.   Expressed view that manufacturers should contr°
     noise or put warnings on products.

3.   Requested correspondence about noise issues
     with the Agency.
                                       248

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Docket Number, Name,
    Affiliation
                  Comments
77-8-127
John Critchley
1.    Expressed support for noise labeling.

2.    Requested action be taken to quiet: motorcycles,
     snowmobiles, outboard motors and hot rod cars.
     -128
Harry Freeman
1.   Expressed view that consumer can now decide
     noise levels of products and that environmental
     protection should be limited to control of en-
     vironmental conditions over which individuals
     have no control.
     •129
Dorothy (Illegible)
1.   Expressed opposition to noise labeling.
     -130
Theresa Wright
1.   Expressed support for noise labeling.
    -131
Mary Neuman
 1.   Suggested that motorcycle noise be abated.
     -132
M. L. Brubaker
 1.   Requested information.
     -133
 Arthur Simpson
 1.   Expressed concern over motorcycle noise.
     -134
 Harry Rocco
 1.   Expressed belief that nothing can be done about
     the noise problem because it is a local problem
     and local government is corrupt.
     -135
 F- Schoelich
 1.   Inquired if the proposed requirements will apply
     to instruments used by rock bands.
                                         249

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Docket Number, Name,
     Affiliation
                   Comments
77-8-136
Mrs. J. O'Brien
1.   Expressed approval of noise labeling.

2.   Suggested greater control of noise from hi-fi sets.
     -137
Kathleen Canzaro
1.   Expressed approval of noise labeling.

2.   Expressed concern over neighborhood noise, such
     as lawnmowers and motorcycles.
     -138
MarcPrass
1.   Suggested that air conditioners be labeled.
     -139
John Gardner, M.D.
1.   Suggested labeling on refrigerators, air conditioners*
     central air conditioning units, and forced air
     heating units.

2.   Suggested that ratings be in decibels.

3.   Suggested that label state whether product meets
     EPA's noise standards.
     -140
Mrs. George (Illegible)
1.   Expressed support for noise control and labeling.
     -141
Burt Collins
Lt. Col. USAF (Ret.)
     Requested information on a wide variety of
     noise matters.
     -142
Ray Chapman
     Expressed opposition to noise labeling program
     because of cost to consumers, and his disbelief
     that it would be of aid to consumers.
                                          250

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Docket Number, Name
      Affiliation
                  Comments
77-8-143
J. M. Freiburger
1.   Expressed support for noise labeling.

2.   Expressed concern over noise from room
    air conditioners.

3.   Suggested labeling of the normal noise range
    of operation and of the maximum decibel
    level.
     -144
AnneBalas
1.   Expressed concern about noise from airplanes,
     air conditioners (Chrysler Airtemp and Emerson
     Quiet Kool), lawnmowers, motorcycles and
     background music.

2,   Requested Agency take some action to abate
     noise.
     -145
 Robert D. Barnes
 1.   Suggested that labels cany a warning "Caution:
     Hearing protectors should be worn when using
     this product," if the dB(A) level exceeds 90.

 2.   Commented that the noise labeling program is a
     good idea.
     -146
   L. Hastueau
 1.   Requested that existing noise laws be enforced.
     •147
 Allen H. Shiwer, P.E.
 Shiwer Associates
 Acoustical Engineers
 1.   Commended the Agency for proposing noise
     labeling program.

 2.   Suggested that the labels say whether higher
     numbers are quiet or loud.

 3.   Suggested that the labeling program be imple-
     mented with caution.

 4.   Suggested labeling of wallboard.

 5.   Noted the interdependence of acoustical systems,
     e.g., ceiling tile or mufflers.

251

-------
Docket Number, Name,
      Affiliation
                     Comments
77-8-148
Lee Nolte
1.   Requested information.

2.   Expressed concern over noise from her neighbors'
     air conditioners.
     -149
Rodger Ringham,
International Harvester

     -150
     -151
G. Bailie
Deputy Director of Environmental
  Health, Cotswood Dist. Council
Glouster, England
1.   Requested information.
     Transferred to Hearing Protector
     Docket: 77-5-37

1.    Requested information as to whether outboard
     motors are labeled.
     -152
Mrs. Hugh McKenna
Illegible.
     -153
H. W. White, President
Overlay Mfg. Co.
1.    Suggested the Agency label acoustical doors
     for sound transmission loss and include the
     words "Noise Reduction Rating" on the label.

2.    Expressed support for the program.
     -154
Unsigned
1.    Opposed program as an insult to intelligence.
     •155
Hazel Spitzi
1.    Requested Agency abate lawnmower noise.

2.    Expressed support-for noise labeling.
                                       252

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Docket Number, Name,
      Affiliation
                  Comments
77-8-156
Louise Green
1.   Expressed support for noise abatement including
     the Concorde.

2.   Expressed concern over noise from motor bikes,
     lawnmowers, chain saws, and mufflerless cars.
    •157
Dorothy Brohe
1.   Requested noise standards be set on appliances,
     particularly vacuum cleaners and room air
     conditioners.
    •158
Henry Hayes
1.   Expressed support of noise control efforts.
    •159
Mary Deysher
1.   Expressed complete support of noise labeling,
     in the belief that it would induce greater compe-
     tition in developing quieter products.

2.   Suggested warning labels be placed on products
     whose repeated use could damage a person's hearing
     such as power tools, lawn equipment, chain saws,
     outboard motors, motorcycles, and guns.

3.   Requested information about public hearings.
    •160
       Smith
1.   Expressed concern over noise from television
     commercials.
    -161
Omission due to misnumbering.
T   -162
Joanne Gerety
1.   Expressed concern about fire sirens (stationary
     emergency signalling devices) in residential areas.

2.   Wanted information on this problem.
                                      253

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Docket Number, Name
    Affiliation
                     Comments
77-8-163
Mis. Albert Haber
1.   Expressed support for noise abatement efforts.
     •164
Mrs. Anne Plucks
1.  Expressed concern over noise from children's
    tricycles that have plastic wheels (apparently
    "big wheels" type).
     -165
Mrs. D. Fisher
1.   Expressed support for noise abatement

2.   Expressed concern over noise from motorcycles.
     -166
E. J. Kozminski
Noise Analyst
Rapistan, Inc.
1.   Suggested use of one parameter for noise emitting
     equipment and one for noise reducing equipment*
     rather than choosing parameters on product-by-
     product basis.

2.   Sound power level, or sound pressure level at a
     specified position, or loudness in sones at a
     specified position could serve as a measure for
     noise emitters,  while transmission loss or noise
     reduction coefficient could be used as a measure
     of noise reduction effectiveness.

3.   Criticized label's lack of reference to rating
     parameter used.

4.   Suggested that label include average value of all
     products in the class being labeled, in addition
     to the range. Otherwise, range information is
     misleading.

5.   Suggested that inspection without 24-hour notice
     should only be authorized by the Assistant Admin**
     strator for enforcement "if there is evidence
     that improper manufacturing and testing pro-
     cedures are being employed by a company."
                                        254

-------
Docket Number, Name,
     Affiliation
                Comments
77-8-167
R- J. Roney
1.   Expressed opposition to noise control efforts
    as a waste of tax money.
    -168
Mrs. W. Marshall
1.   Expressed concern over motorcycle noise.
     -169
Mrs. Roger Balgard
1.   Expressed disapproval of noise labeling because
    there already is .too much government inter-
    ference in her life.
    -170
Lucille Williamts
1.   Requested that lawnmower and blender noise be
    abated.
    -171
Mrs. Herman LaDay
1.   Requested regulation of noisy appliances and
    lawnmowers.
    -172
Michael Percy
Senior Urban Planner
Qty of Mountain View, CA
(Insert also into Docket 77-5)
1.   Suggested that dBA rating be used on labels,
    because the-consumer wQl be confused by a
    separate number system which would require
    referral to additional charts and information
    for interpretation.
    -173
Gina Powell
1.   Requested control of noisy appliances.
    •174
       Koszeurski
1.   Expressed disapproval of noise labeling because
    of its'burden on industry and because the govern-
    ment is reaching into every aspect of daily life.
    •175
Kathrine Rudolph
1.   Expressed concern about noise from a local
    mining industry and the local zoning board's un-
    willingness to help her with it. Requested that
    the Agency lend her a noise meter so she can mea-
    sure the sound level she is exposed to and show the
    zoning board.
                                       255

-------
Docket Number, Name,
    Affiliation
               Comments
77-8-176
Willard Stingier
1.    Suggested that noise labeling priority be given to
     constant noise sources in the home (i.e., central
     air blowers, refrigerators) instead of intermittent
     sources (i.e., vacuum cleaners).
     -177
Ellen Taylor
1.    Expressed disapproval of noise labeling because
     the government is taking responsibility for aspects
     of life that individuals should take responsibility for
     -178
June Lautt
1.    Supported noise labeling of household appliances.
     -179
J. A. Rombough
1.    Expressed opposition to noise labeling because
     it is unnecessary government control.
     -180
Warren Cast, President
Cast Mfg. Co.
1.    Letter on compressors. Referred to proper
     docket.
     -181
Virginia Stilo
1.    Urged approval of noise labeling regulations.
     -182
Mrs. M. B. Commons
     Expressed support for anything that would reduce
     noise, particularly that produced by motorcycles.
     cars, model airplanes and vacuum cleaners.
     -183
Unreadable
     Requested that the Agency do whatever it can
     to control noise in the home.
     -184
Mrs. J. Cripe
1.    Expressed support of noise labeling.
                                       256

-------
Docket Number, Name,
     Affiliation
                  Comments
77-8-185
B. E. Patterson
1.    Expressed support of noise labeling.
    -186
Stella Olekra
1.    Expressed concern over noise from lawnmowers,
     refrigerators, noisy cars, air conditioners and
     wind-up clocks.
    -187
Unsigned
1.    Requested the Agency abate noise from motor-
     cycles and trucks rather than lawnmowers and
     appliances.

2.    Expressed opposition to appliance labeling
    -188
Jeanne Allen
1.   Expressed support for noise labeling and noise
     pollution control in general.
    -189
Mildred Knobloch
1.   Expressed support of noise labeling program.

2.   Expressed particular concern over lawnmower
     noise (Lawnboy).

3.   Mentioned a noisy floor fan, (incor-
     rectly advertised as quiet) and stove fan.

4.   Also concerned with TV commercial loudness.
    -190
Mrs. Frank Nultner
1.   Expressed concern over noise from refrigerators
     and U. S. motorcycles.
    -191
Draza Kline
1.   Expressed support of noise labeling.

2.   Expressed concern over noise from motorcycles
     and foreign cars.
                                      257

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Docket Number, Name,
    Affiliation
                  Comments
77-8-192
Nel Jones
1.   Expressed support for noise labeling.
     -193
Edgar Lion
Planning Director
Lafayette, CA
1.   Expressed support for noise labeling program.

2.   Suggested the labels indicate whether a high
     number indicates a greater or lower noise level
     to facilitate public understanding.
     -194
Mrs. Walter Kruger
     Suggested that motorcycle noise receive attention
     before household noise abatement.
     -195
Evelyn Kaye
1.   Requested abatement of loud television commercials
     -196
R. S. Morgan
1.   Informed us that motorbike noise is the only
     noise that he finds irritating.
     -197
A. Gerald Reiss
Director of Corporate Administration
Fasco Industries
1.   Based on reading of Section 8, proposed that only
     products that exceed a certain threshold noise
     level be required to contain a label which has no
     rating but that warns the user of potential adverse
     effects.

2.   Criticized proliferation of labels.

3.   Opposed use of EPA logo on label.

4.   Suggested that simulation of "use environment" be
     a primary objective in setting standards. For exampl
     noise from air conditioners is not extremely
     annoying if everyone has windows closed.

5.   Suggested that the regulation state what testing
     costs,  direct and indirect, will be reimbursed by the
     Agency.

6.   Requested a longer notice period for admittance
     to manufacturer's premises.
                                       258

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Docket Number, Name,
    Affiliation
                  Comments
77-8-198
John D. Kramer
Secretary of the Illinois
  Department of Transportation
1.   Suggested that the label contain a visual scale
    showing the range in noise ratings and indicating
    the "quiet" and "noisy" poles of the spectrum.
     -199
Virginia Smith
1.   Expressed concern with a number of household
    appliance noise levels, citing lawnmowers,
    refrigerator, air conditioner, dishwasher, sweeper,
    electric can opener, blender, hair dryer, TV and
    outside motors.
     -200
Sarah Leach
1.    Expressed support of noise labeling.

2.    Requested action on TV commercial noise.

3.    Requested information
     -201
David Rankin
1.   Suggested that the labels contain accurate and
     understandable information.
     -202
Unsigned
1.   Expressed concern over airplane and RR noise,
     and lack of concern about bus and truck noise.
     -203
 Margaret Lockner
1.   Requested information.
     -204
 George Hunt
 (Replaced by 77-8-329)
 1.   Requested that the Agency take a stronger
     stand against industry and act as the people's
     advocate, publicizing the issue.
     -205
 Richard Bolin
 1.   Requested the Agency regulate the Carbide
     Cannon, a noise gun that scares away birds.

 2.   Suggested use of color scheme in labeling and
     a 1-10 scale.
                                        259

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Docket Number, Name,
     Affiliation
                   Comments
77-8-206
Hany Barter
Department of Fine Arts
Maiyville College
1.   Expressed approval of noise labeling but
     requested that the Agency abate noise from
     outside the home as well.
     -207
Mr. and Mrs. Paul Rorda
1.   Expressed support of noise labeling.

2.   Informed us that their city council will not
     consider the model noise ordinance because
     of industry pressure and wants a mandatory
     nationwide noise law.
     -208
Helen Pratt
1.   Expressed concern over noise from blenders and
     vacuum cleaners.
     •209
Florence Kumichi
1.   Requested that the Agency abate lawnmower noise-
     -210
John Brubaker
1.   Suggested that motorcycles be considered for
     the first product labeled.

2.   Proposed that any rules include penalties for
     modification of noise control devices.
     -211
Irving Rank, M.D.
Rosanne Frank, RN
1.    Expressed approval of noise labeling, particularly
     refrigerators, vacuum cleaners, water softening
     devices and exhaust fans, because they create
     chronic tension in the individual who is confined
     to home.

2.    Requested that the noise level of music in restaurant"
     and other public places, where the general public tf
     a captive audience, be restricted.

3.    Suggested educational efforts to minimize the risk
     involved in exposure to "raucous rock music."
                                       260

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Docket Number, Name,
    Affiliation
                Comments
77-8-212
Phillistt Rosenthal
1.   Requested abatement of noise from lawnmowers
    and grass blowers.
    -213
Glover Weiss
1.   Requested control of noisy auto mufflers.
    -214
Robert Bogan
    Suggested that this inflationary project be
    dropped unless the EPA is able to demonstrate
    some clear economic benefit in excess of the
    potential costs.
    -215
  . McAndrews
    Expressed support for noise abatement, particularly
    of electric lawnmowers and motorcycles.
     -216
Mrs. Eugene Emerson
     Suggested any action which could abate household
     noise.
     •217
Mrs. William Person
1.    Expressed opposition to noise regulation because
     of burden on manufacturers and because she
     believes that consumers should exercise discrimi-
     nation in purchasing.
     -218
Mrs. Arthur Smith
1.    Expressed support for noise labeling.

2.    Expressed concern about truck noise.
    -219
Sylvia White
1.    Suggested labeling of appliances.

2.    Requested information.
     -220
Michael Saija
1.   Expressed concern over a local swimming pool noise
     enforcement problem.
                                      261

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Docket Number, Name,
     Affiliation
                  Comments
77-8-221
S. Pelletier
1.   Expressed support for noise abatement espe-
    cially on appliances.
     -222
Joanne Flock
1.    Requested any action to abate appliance noise.
     -223
R. Lansky
1.   Expressed support for noise labeling.
     -224
Dawn Weiss
1.    Requested information.
     -225
Les Bradley
1.    Expressed support for noise labeling, especially of:
     dishwashers, washing machines, dryers, blenders,
     hair dryers, vacuum cleaners, radio and TV re-
     ceivers, electric power drills, lawnmowers, and
     typewriters.

2.    Requested some other noise abatement effort to
     control garbage trucks, tree limb and leaf shredders,
     jack hammers and air conditioners.
     -226
Rachel Riley
1.    Expressed concern over noise from a nearby
     factory.
     -227
Harold Taylor
1.   Suggested that all products above 45 dBA list
     their noise level.
     •228
Bob Londergan
1.   Expressed support for noise labeling.
                                        262

-------
Docket Number, Name,
    Affiliation
                    Comments
77-8-229
David Sullivan
1.   Expressed support for noise labeling, particularly
    of blenders and lawnmowers.
    •230
W.Cox
1.   Expressed support for noise labeling, especially
    of lawnmowers.
    -231
John Moore
1.   Expressed concern over motorcycle noise.
    -232
Mrs. D. E. Coward
1.    Expressed concern over noise from her garbage
     disposal, dishwasher and kitchen fan.
    -233
Mr. and Mrs. Theodore Adams
1,    Requested noise from autos and motorcycles be
     abated.
    -234
Prof. Richard Moore
Kansas State University
Department of Family Economics
1.   Stated that noise standards are past due and that
    noise is one environmental area that has been
    neglected.
     -235
Wilhelmia Smith
1.   Expressed support for noise labeling, especially
    of "continuous noise" products such as fans, air
    conditioners and refrigerators.
     -236
 . Camen
1.    Requested that more be done to eliminate noise
     from vacuum cleaners, electric brooms, air con-
     ditioners, hair dryers, lawnmowers, refrigerator
     motors and blenders.
     -237
   P. Geauque
1,   Expressed concern over household noise, including
     lawnmowers.
                                      263

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Docket Number, Name,
    Affiliation
                Comments
77-8-238
Tom Meshan
1.   Stated that noise labeling is a positive action
    because consumers need to make an informed
    decision.
                                       2.   Suggested standards be set on household products
                                            in addition to labeling.

                                       3.   Suggested labels that state a health warning.

                                       4.   Mentioned products which subject consumer to
                                            "harmful levels" of noise: Vacuum cleaners,
                                            air conditioners, shop tools, blenders, hair
                                            dryers, washing machines, lawnmowers, and other
                                            household appliances.
     -239
Kathleen Johnson
1.    Expressed support for noise labeling, particularly
     of vacuums, air conditioners, and lawnmowers.
     -240
Thelma Coren
1.   Expressed support for noise control.
     -241
John D. Hopkins
1.    Expressed support for noise labeling.

2.    Expressed disapproval of Federal action to limit
     motorcycle noise because he believes that motor
     vehicle muffler laws can be improved on the state
     level.
     -242
Mrs. D. Klompus
     Expressed concern over noise from pipes and
     heaters in her apartment.
     -243
Laurance Conti
     Expressed concern over bus noise and wanted
     information on controlling it.
     -244
Mr. and Mrs. Mike Main
1.    Expressed support for noise labeling.
                                      264

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-245
Joseph Famulary
1.    Expressed concern over noise from motorcycles
     and hot rods.
    -246
Lois Segal
1.    Expressed support for noise labeling with particular
     reference to vacuum cleaners.
    -247
Michael Ramage
1.    Suggested that any item powered by an electric
     motor have a noise label indicating the operating
     decibel level.
                                       2.   Suggested that radio and TV have volume limits.

                                       3.   Expressed support for the program.
    -248
Mrs G. Miller
1.   Expressed support for labeling of air conditioners,
    vacuum cleaners, refrigerators and lawnmowers.

2.   Suggested that Agency control noise level of
    television.
    -249
H. Shillon
1.    Expressed support for noise labeling.
    •250
Unreadable
     Expressed concern over noise of huge garbage
     vehicles, grocery delivery trucks, lawnmowers,
     vacuum cleaners, airplanes, and power tools.
    -251
Claire Pichette
     Informed us of a local "rock band" noise problem
     growing out of zoning.
                                      265

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-252
Gabor Usbau
Mechanical Engineer
1.    Expressed disapproval of noise labeling because:
     a.   It is an attempt at people control.
     b.   It would add another level of bureaucracy.
     c.   It would increase prices, red tape and aggravatic
     d.   Take away business freedom.
     e.   It would waste tax dollars.
     -253
Helen Von Ehrenkrook
     Expressed disapproval for noise labeling because
     consumer protection costs consumers money.
    -254
Ms. Kuniko Sato
Environment Agency
Tokyo, Japan
1.   Requested information.
     -255
Mrs. Paula Schreiner
1.    Expressed support for noise labeling, including
     health hazard warnings.
    -256
Unreadable
1.   Expressed concern over noise from a host of
    sources, including vacuum cleaners, dishwashers,
    motorcycles and TV commercials.
    -257
Chuck Howell
1.    Expressed support for noise labeling.

2.    Suggested products for labeling, including all
     "electrical equipment."

3.    Requested information.
     -258
Mr. and Mrs. Harry Oldinburg
1.   Requested information.
     -259
Priscilla and Eugene dialled
1.    Expressed concern over motorcycle noise.
                                       766

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Docket Number, Name,
    Affiliation
                    Comments
77-8-260
Mrs. John Simoni
1.    Expressed support for the labeling program.
     -261
Zane Saunders, M.A.
Director, Speech Pathology and
  Audiology
Newington Children's Hospital
1.    Requested copies of proposed rules and any
     other relevant information.
     -262                              1.
Francois Louis
Manager, Safety and Environmental       2.
  Regulations, Renault, USA
    Commented on automobile noise standards.

    Stated that interior passenger car noise is a comfort
    consideration rather than a health matter, and
    the level of comfort is hard to measure in an
    objective fashion.
     -263
Dorothy Shannon, Ph.D.
Chief, Speech and Hearing
Sinai Hospital of Baltimore
1.   Expressed support for the program.

2.   Requested further information beyond the
    summary of the notice of proposed rule making.
     -264
F. W. Hetman
President
DeVal, Inc.
1.   DeVal, a manufacturer of high performance
    aluminum windows and doors, expressed the
    opinion that all window systems should have
    sound transmission ratings.

2.   Enclosed other letters and articles in support
    of this view.
     -265
Jane A. Baran, Director
Audiology/Aural Rehabilitation
Indianapolis Speech and Hearing Center
(Insert also into Docket 77-5)
    Expressed support for the labeling program,
    as outlined in both the general labeling provisions
    and labeling standards for hearing protectors.
     -266
The Rev. Henry M. Biggin
1.    Requested the information on local community
     noise standards as described on the today show.
                                      267

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Docket Number, Name,
     Affiliation
                  Comments
77-8-267
Mrs. Lester Wiggins, Chairman
Oklahoma Health Committee
1.    Requested copies of proposed rules.
    -268
Roy W. Muth
Director, Technical Services
International Snowmobile Industry
  Association
1.    Requested the opportunity to testify at the
     Washington, D.C. hearing.
     -269
Beth A Brown
Clearinghouse Manager
Aspen Systems Corporation
1.    Requested information on the Washington,
     D. C. hearing and related publications.
     •270
Mr. and Mrs. Larry Pinkston
1.    Expressed full support for the program.
     -271
Maria Henesah
1.    Expressed support for the program.

2.    Suggested labeling of electric fans, air conditioners*
     and refrigerators.
    -272
Raymond F. Anderson
1.   Expressed the opinion that noise labeling is a
     "lost cause."

2.   Suggested a local noise abatement publicity
     effort through bumper stickers and mailing labels.
     -212(Misnumbered)
Michael E. Paul, Sr.
1.   Cited the worthiness of investigating noise
     labeling.

2.   Suggested warning labels as appear on cigarette
     packages.
                                      268

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Docket Number, Name,
     Affiliation
                  Comments
77-8<2)73 (Misnumbered)
All Ragle
1.   Expressed full support for the program, especially
     with respect to shop tools and garden equipment
     -(2)74 (Misnumbered)
David and Eileen Garland
1.   Expressed concern over lawnmower noise.
     -275
Eloise Grossman
1.    Expressed interest in home noise abatement and
     support for labeling program.

2.    Suggested noise labels affixed to packages or
     preferably directly on appliances.
     -276
Judith Schlager
1.    Expressed support for noise labeling, especially of
     dishwashers and lawnmowers.
     -277
Mahlon E. Sipe
1.    Suggested that noise control efforts be directed
     at motorcycles rather than household appliances.
     •278
M. Grossman
U. S. Factory Representative
Peugeot
1.    Commented on automobile noise standards.

2.    Stated that interior passenger car noise is a comfort
     consideration rather than a health matter, and the
     level of comfort is hard to measure in an objective
     fashion.
     -279
Mrs. Roy Higdon
1.   Expressed support for noise abatement for
    all household equipment, lawn care equipment,
    air conditioners and transportation vehicles.
    -280
Martha Mathews
1.   Expressed support for noise abatement for
    all household equipment, lawn care equipment,
    air conditioners and transportation vehicles.
                                      969

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Docket Number, Name,
   Affiliation
              Comments
77-8-281                               1.
Joe Swift
Executive Director, Environmental Affairs
Mercury Marine                         2.
                                       3.
                                       4.
                                       5.
                                       6.
Commented on EPA's noise labeling standards
as applied to marine engines in pleasure boats.

Suggested use of dB(A) for measurement and
stated this is a measure of sound level and
not sound pressure level as EPA document stated.

Noted that SAE J34a  and SAE JXXX must be
used for measuring pleasure motorboat
sound levels, with Leq being the most logical
descriptor.

Cited need for a testing facility for comparative
measurement (reverberant rather than anechoic),
or alternatively, the SAE "standard boat approach."

Wondered if a single rating number would be based
on "passby" or "interior" noise, and doubted that
pleasure boats constitute a  noise health hazard,
yielding passby noises in the 70-80 dB(A) range.

Expressed the opinion that the motor can be
rated only in combination with the boat, posing
measurement problems.
    -282
Donna McCord Dickman, Ph.D.
Metropolitan Washington COG
Mentioned her intention to testify at the
Washington, D. C. hearing.
     -283
Lt. Jim Anderson
Traffic Division
Rapid City Police Department
Requested a copy of the Ringelmann Chart in
connection with development of local exhaust
noise level ordinance.
    -284
Richard M. Snyder
Expressed opposition to the program, preferring
to rely on the free enterprise system.
                                        270

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Docket Number, Name,
    Affiliation
                    Comments
77-8-285
George M. Gorman
1.   Expressed general support for abatement of
    environmental noise.
    •286
Emma Niemann
1.   Requested that priority be given to control
    of motorcycle noise.
    -287
John P. Reardon
Director of Government Affairs
Air Conditioning and Refrigeration
  Institute
1.   Requested opportunity to testify at the
    Washington, D. C. hearing.
    •288
M. L Downs
1.   Stated that noise levels of motorcycles should
    be reduced.
    •289
G. C. Simpson
1.   Expressed concern over noise from bulldozers,
    trucks, motorcycles and buses.
     -290
Sue Vogelsanger
1.   Requested available reports on the subject of
    noise pollution.
    •291
Jules A. Kaiser
1.   Cited an attachment from the Philadelphia
    Inquirer.
     -292
 . K. Foster
1.   Expressed support for noise abatement for
    all household equipment, lawn care equipment,
    air conditioners and transportation vehicles.
     •293
Leila Aiken
1.  Expressed support for noise abatement for
    all household equipment, lawn care equipment,
    air conditioners and transportation vehicles.
                                        271

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-294
Winston L. (Illegible)
1.    Suggested noise labeling of motorcycles, chain
     saws and trucks.

2.    Suggested federal maximum noise levels.
     -295
Esther Mary Lippard
1.   Expressed concern over loud background music on
     TV.
     -296
Toshio Kitamura
Deputy Director of General Affairs Div.
Machinery and Information Industries
  Bureau
Ministry of International Trade and
  Industry
Japanese Government
1.   Requested further information.
     -297
T. J. McCann
1.   Suggested that radios, PA systems, televisions,
     and music amplifiers be included in the program.
     -298
Vincent Argondezzi
1.   Complained of two noisy bulk flour pumps located
    near his residence and requested a source of relief.
     -299
G. M. Hoch
1.   Expressed opposition to the program because
     of possible inflationary effects.
     -300
Mrs. Arthur Klavans
1.    Expressed support for the program, citing
     noisy air conditioners in particular.
     -301
James P. O'Donnell
1.    Expressed opposition to the program because of
     increased costs to consumers.
                                      272

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 Docket Number, Name,
      Affiliation
                   Comments
 77-8-302
 Jerry Boyle
 President, Honda of Piqua (Ohio)
     While generally approving of EPA activities,
     requested that more time be given before the
     setting of noise standards.
     -303
 James E. Wingert
 I.   Expressed concern over motorcycle noise.
     -304
 John R. Race
 1.   Because of industry and user lack of concern,
     suggested that snowmobile, chain saw, outboard
     boat and trail bike noise be abated rather than
     labeled.
     -305
 John J. Hughes
 State Lobster Hatcher and Research
   Station (Massachusetts)
 1.   Expressed approval of action under Section 8 of
     the Noise Control Act and suggested motorcycles
     be given priority.

 2.   Suggested a flyer describing dB(A)'s and their
     measurement for public education.
     -306
Gerald E. Starkey, P.E.
Noise Abatement Specialist
County of Santa Clara
1.   Announced intent to attend San Francisco
     hearing.

2.   Requested further information as it becomes
     available.
     -307
P. E. Powers, Jr.
1.   Suggested the labeling of all motor vehicles with
     standards for sports cars and motorcycles.

2.   Noted that skateboards and escalators need
     not be labeled.
    -308
Leona and Karl Wilhelmsen
1.   Suggested labeling of household equipment, lawn-
    mowers and shop tools and abating the noise
    of motorcycles and snowmobiles.
                                      273

-------
Docket Number, Name,
   Affiliation
                    Comments
77-8-309
Emmett Joseph
1.  Expressed support for the program.

2.  Suggested noise regulations be set for motorcycles,
    lawnmowers and power saws.
    -310
L. K. Lepley
1.   Requested information on the program and the
     opportunity to participate.
     -311
Ronald Junck, President
Prince Manufacturing Corporation
1.   Questioned if the public were aware of the
     increased consumer cost that the program would
     cause.
     -312
John G. New, Chairman
Biology Department
SUNY, Oneota
     Expressed support of program for simple
     comparative noise labeling of power shop tools,
     powered garden equipment, vacuum cleaners,
     mixers, dishwashers, air conditioners, and electric
     shavers.

     Wished to see motorcycles, snowmobiles and
     off-trail vehicles covered also.
     -313
Burt B. Fisher
 1.   Expressed opposition to the program because of
     .excessive government interference in citizens' lives.
     -314
L. F. Hendricks
 1.   Suggested that computer equipment be included
     in EPA noise abatement efforts.
     -315
Stuart M. Low
Flent's Products Company
     Correspondent, a hearing protector manufacturer,
     requested the opportunity to testify on the general
     provisions at the Washington, D. C. hearing.
     -316
 Lang D. Woods
 Woods and Woods Law Offices
     Requested information on the submission of
     written comments on behalf of clients.
                                        274

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-317
Leo Pazavis
1.   Requested abatement of general street noise.
     -318
A. C. Roller
1.   Suggested abatement of motorcycle noise.
     -319
Hope Nissenbaum
1.   Expressed concern with appliance noise, such as a
    blow hairdryer and a blender.
     -320
Mrs. Geraldine Graf
1.    Expressed support for the program.

2.    Included two newspaper articles, one by the
     correspondent on the subject of environmental
     noise.
     •321
Irma M. Bennet
1.    Expressed support for the program.
     -322
Marjoria Ackerman, RN
and audiometrist
     Expressed support for noise control and
     labeling of vacuum and rug cleaners, hair dryers,
     and electric mixers, and all tools and machinery.

     Suggested that the labels carry a health warning
     as well as the decibel leveL

     Suggested that the label note that repairs would
     increase the stated decibel level  of the product.

     Suggested that stereos be labeled with a green-
     yellow-red color scheme.
                                        275

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-323'
E. S. Mott
Mott Corporation
1.    Expressed opposition to the program as a
     "consumer rip-off."

2.    Suggested that bureaucrats be required to have
     5 years of practical experience in private industry.
     -324
R. Lowens
1.    Expressed support for the labeling program and
     suggested the inclusion of attic fans, heat pumps,
     refrigerators, washers, dryers, vacuum tools, and
     powered lawn and garden equipment.

2.    Suggested the EPA establish a recommended
     maximum noise level to be indicated on the
     label.

3.    Suggested EPA enter the field of airplane
     noise levels because of FAA and CAB's inaction.
     -325
Ruth Jabach
1.   Expressed support for the program.

2.   Expressed concern over motorcycle noise.
     -326
S. J. Alson
1.    Suggested that motorboats and outboard
     motors be considered.
     -327
Gloria J. O'Reilly
     Expressed concern with noise from:  children's
     street toys, amplified "music," lawn care machines*
     home care machines, blenders, vacuums, mixers,
     can openers, refrigerators, floor polishers,
     electric shavers, hair blowers, air conditioners,
     fans, and motorcycles.
    -328
Robert Z. Breakwell
     Expressed opposition to the program because of
     increased costs to the consumer.
                                       276

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-329
George H. Hunt
1.    Requested his earlier submission, 77-8-204, be
     replaced with this correspondence.

2.    Requested information on opportunities in the
     field of noise pollution.

3.    While favoring the labeling program, suggested
     use of direct language instead of codes or numbers.

4.    Suggested a seal of approval for low-noise products.

5.    Cited a number of major noise polluters.
     -330
Betty Jacques
1.   Requested abatement of motorcycle, air conditioner
     refrigerator, and general appliance noise.
     -331
 Mrs. Mary E. Neumann
 1.   Expressed support for the program and conceni
     over motorcycle noise.
     •332
 Norman 0. White
 1.   Requested labeling and abatement of motorcycle
     noise.
     -333
 Richard J. Peppin
 Virginia Regional Coordinator
 Coordination Committee for Environ-
   mental Acoustics
 Acoustical Society of America
 1.   Suggested use of existing rating "labels," e.g.,
     STC, NRC, SRN, because of industry acceptance.

 2.   Suggested that labels incorporate the distance
     factor, especially for "outdoor" products.

 3.   Suggested that products with sound-controlling
     devices (e.g., TV's and radios) not be labeled.

 4.   Suggested use of the sound power level and the
     A-weighted sound pressure level for rating purposes.

 5.   Requested to be kept informed of developments
     in the program.
                                         277

-------
Docket Number, Name,
   Affiliation
                 Comments
77-8-334
Marcia Macdonald
1.   Expressed wholehearted support for the program.

2.   Requested stricter enforcement of motorcycle
     noise control.
     -335
Robert S. Jackson M.D.
Assistant Commissioner
Department of Health
Commonwealth of Virginia
1.  Expressed support for the program.
     -336
(Mrs.) Frances Oatley
1.    Expressed concern over several sources of neigh-
     borhood noise including air conditioners, lawn-
     mowers, sirens, tree-cutters, hi-fi's and
     garbage trucks.
     -337
William J. Stephens
General Counsel
American Rental Association
1.   Requested the opportunity to testify at the
     Washington, D. C. hearing.
     -338
{Catherine M. Reilly, M.D.
Audiologist, Marin General Hospital
1.   Requested current information on standards and
     requirements related to Dockets 77-5 and 8.
     -339
Mrs. M. L. Branchaud
1.   Requested complete information on No. 77-8.
     -340
Anthony Kelly
1.   Expressed concern over shooting range
     activities and suggested such noise be abated.
                                        278

-------
Docket Number, Name,
     Affiliation
                  Comments
77-8-341
Mr. and Mrs. William Woodhouse
1.   Expressed support for noise control.

2.   Expressed concern over noise from a neighbor-
    hood tavern, motorcycles and snowmobiles.
     -342
A. H. Krieg, President
Widder Corporation
1.    Commented that levels of 5 0-55 DB's for
     industrial products are unrealistic.

2.    Noted that noise reduction would have an adverse
     impact on efficiency and thus on energy con-
     sumption.
     •343
Mrs. E. K. Swartz
1.   Suggested that traffic noise be given priority over
     appliances.
     -344
 Mr. John G. Kovash
 1.   Expressed support for the program but preferred
     maximum levels.

 2.   Noted the problem posed by involuntary third
     party listeners for the labeling project
     -345
     Henry Kaye
 1.   Expressed concern over loud TV and radio
     commercials.
     -346
 Florence Shatter
 1.   Expressed concern over noisy mufflers, foreign
     cars and motorcycles.
     •347
        J. Peppin
 County Acoustical Engineer
 Montgomery County, Maryland
 1.   Expressed strong support for the program and
     suggested the labeling of air conditioners, power
     tools, lawnmowers, power boats, ceiling tiles, big
     wheel bikes, and minibike/off-road vehicles.
                                        279

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-347 (Continued)
    Noted use of the NRC for ceiling tile
    but cited its lack of indication of transmission
    loss capability.

    Requested the results and summaries of the hearings
    when available.
    -348
Roy Ruuska
1.   Expressed serious concern with local motorcycle
    noise and requested a response.
     -349
Mayda L. Lyons
1.   Expressed doubts about the possibility of
    controlling a variety of environmental noise
    sources.
     -350
Singapore Institute of Standards and
  Industrial Research
(Also 77-5-021)
1.   Requested a copy of the proposed regulations
    and to be kept informed of further developments.
     -351
David Fishken, Ph.D.
Department of Psychology
Northeastern University
1.    Requested all available information on Nos.
     77-5 and 8.
     -352
Joseph P. Fieri
1.   Expressed concern over air conditioner and
     motorcycle noise.
     -353
Mary Davey Schambach
Technical Coordinator
John L. Price and Associates
Environmental Analysis and Consultation
1.    Expressed support for the program.
                                         280

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-354
Marilyn B. Noyes
Family Resource Management
Cooperative Extension Service
Utah State University
1.   Expressed support for noise labeling if costs
    could be kept low, but expressed opposition to
    mandatory restrictions on noise levels.
     -3.55
LeRoy J. Pahmiyer
1.   Expressed opposition to the program because
    individuals can take more effective action through
    direct contact and the courts.
     -356
Leonard Feuerstein
1.    Expressed opposition to the program because
     of the ineffectiveness of existing regulations
     which are not enforced, increased cost, and
     effectiveness of competition.
    -357
Mrs. Sylvia L. White
1.    Expressed support for the program, citing
     blenders, air conditioners, cake mixers, and
     vacuum cleaners.
     -358
Rudolf Donninger
Ostereichisches Normungsinstitut
1.    Requested further background information,
     particularly on the choice between the noise
     power level or the noise pressure level for
     labeling purposes.

2.    Suggested use of the noise power level of the
     International Standards Organization for ratings.
                                        3.   Noted that Austria intends to issue similar regu-
                                            lations and thus wished to be kept informed.
     -359
J°seph P. Shepherd, Jr.
1,   Expressed support for the program and com-
     mented on general environmental noise.
                                          281

-------
Docket Number, Name,
     Affiliation
                  Comments
77-8-360
Kenneth Young
     Expressed opposition to the program because of
     increased costs and excessive government meddling.
     -361
Mr. W. J. Perney
1.    Requested copies of the hearings.
     -362
(Dr.) Bessie Chronaki
1.   Suggested decibel labels on the volume controls
     of radios, TV's and stereos.

2.   Suggested control of sounds from "Musak" in
     public places because of its "escapist" qualities.
     •363
A, Stephan Bozun, Jr.
1.   Expressed support for the program to allow
     for comparative shopping on noise levels.

2.   Noted the noisiness of vacuum cleaners, dishwashers
     and lawnmowers.

3.   Suggested that the labels be kept simple and that
     the decibel levels be designated.
     -364
James M. Farrell
     Expressed opposition to the program because of
     the capability of consumers to make their own
     decisions.

     Suggested that EPA's efforts be confined to requests
     from local government.
   . -365
R. A. Mahr
1.    Cited a Washington State Ecology Department
     survey showing citizen concern for control of
     motorcycle noise.
    -366
David W. Clark
1.    Expressed concern over motorcycle noise.
                                         282

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Docket Number, Name,
    Affiliation
                  Comments
77-8-367
Larry J. Hall, M.D. PSC
1.   Noted that, with a scale A meter, a Kitchenaid
    dishwasher generated 80 dB at six feet and a
    Westinghouse heat pump generated 70 dB at three
    feet from an air duct.  Levels deemed to be
    detrimental by the writer.

2.   Expressed concern with U. S. Navy ship noise
    and suggested  that Federal agencies be required
    to lead the way in noise abatement.
     -368
 Marvin Bing
1.   Suggested noise control and labeling of all
     items, such as refrigerators and trucks.
     •369
 W. E. Schwieder
 Ford Motor Company
1.   Accepted invitation to testify at the Washington,
     D. C. hearing.
     -370
 Melvin D. Furman
 1.   Expressed opposition to the program because
     of lack of public understanding of dBA levels and
     because of increased costs to consumers.
     •371
 Mrs. J. Lamb
 1.   Expressed concern over barking dogs and loud
     music during the night
     -372
 Joi Anne Garrett
 1.   Expressed general support for the labeling program.
      •373
    A. Hyland
 1.   Expressed opposition to the program because of:
     (a)  increased costs and inferior products,
     (b)  public satisfaction with current noise levels,
     (c)  adverse effects on the economy, as in the
          recent "depression" caused by EPA's auto-
          mobile emission standards,
     (d)  lack of clarity of proposed noise level labels,
     (e)  decrease of individual freedom.
                                        283

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 Docket Number, Name,
     Affiliation
                    Comments
 77-8-374
 Charles V. Anderson, Ph.D.
 Associate Professor of Audiology
 University of Iowa
     Requested the opportunity to testify on behalf
     of the American Speech and Hearing Association
     and the Iowa Council on Speech, Hearing and
     Language Disorders at the Cedar Rapids hearing.
      -375
 Kenneth Truce
1.   Requested information on the Cedar Rapids hearing.
      -376
 Constance (Mrs. George) Bell
1.    Expressed disagreement with an editorial in
     Monistown, N.J. Daily Record which opposed the
     program as excessive governmental regulation
     (included copy of the editorial).

2.    Expressed concern with general environmental
     noise makers such as lawnmowers, chain saws
     and vacuum cleaners (Kenmore).

3.    Noted use of noise from fans and air conditioners to
     drown out more irritable noise and requested
     that these products remain loud.
      -377
 Patrick C. Welsh
 Principal Environmental Specialist
 Municipality of Anchorage, Alaska
1.    Expressed support for the program, citing the
     noise of blenders; hairdryers and trash compactors.

2.    Suggested that glass or steel packed mufflers be
     banned from public use unless they emit less
     than 76 dB(A) at 25 feet after 500 hours' use.

3.    Requested placement on the mailing list for
     further information on the program.
      -378
 James W. Klimes
 Product Safety Department
,:Deere and Company
1.    Requested the opportunity to testify at the
     Cedar Rapids hearing.
                                           284

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Docket Number, Name,
    Affiliation
                   Comments
77-8-379
Dick Almy
1.    Expressed opposition to the program because
     of lack of concern with noise if the product
     performs satisfactorily.
     -380
Roland Westerdal
President, Bilsom International, Inc.
(Insert also into 77-5)
1.    Bilsom International, a manufacturer of
     personal hearing protective devices, noted that
     the proposed labels are aimed too heavily at
     the end user rather than the purchaser of the
     product, distorting the intended audience.

2.    Suggested greater flexibility in the means of
     giving notice beyond affixing a standardized
     label, and suggested substitution of the word
     "notice" for "label" in paragraphs 211.1.4, 5,
     6,7, and 8.

3.    Suggested that reference to labeling conditions
     be deleted from paragraph 21 l.l.l(H(a) to
     preserve the value of the testing exemptions.

4.    Asserted that the provisions of paragraph 211.1.9(b)
     overreached the agencies authority for extra-
     territorial jurisdiction and suggested that EPA
     need not enter foreign facilities to fulfill the purpose
     of the regulations.

5.    Expressed the opinion that the inspection and
     monitoring provisions for access to facilities were
     unreasonable in light of the proprietary nature of
     the linn's products, and suggested accordingly
     that subsection b(lX3) of 211.1.9 be deleted. In
     addition, subsection c should be amended to
     allow inspection and monitoring noise testing where
     conducted in the U. S.

6.    Suggested changes in wording to assure that
     EPA bears the cost for any testing required by
     the administrator.
                                        285

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Docket Number, Name,
    Affiliation
                  Comments
77-8-381
diet Pitek
1.   Expressed concern over highway noise near
    his residence and asked for remedial suggestions
    for abatement of this noise.
     -382
John E. Gitshall
1.   Expressed (a) the opinion that government should
    regulate private industry and (b) support for gov-
    ernment effort to regulate noise.
     -383
Mrs. Josephine (Illegible)
1.   Expressed concern for the enforcement of muffler
    laws for motorcycles.
     -384
Unreadable
1..   Expressed concern over noise, especially that of air*
     planes and trucks, as a cause of social disorders.

2.   Expressed support for the program and for strict
     enforcement of EPA regulations in general.
     -385
Jenny L. Armour
1.   Expressed concern over hairdryer noise and
     wanted such products tested for noise
     levels.

2.   Requested information on the results of the
     hearings.
     -386
J, C. Cornelius
1.   Expressed concern over noise from motorcycles,
     small cars, and trucks, especially U. S. Postal
     Service trucks.
     -387
Lois (Mrs. Robert S.) Green
1.   Expressed support for the program.

2.   Expressed concern over enforcement of noise
     controls on motorcycles and hot rods, which
     should be at a higher priority than abating noise
     from construction equipment.
                                       286

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Docket Number, Name,
   Affiliation
                Comments
77-8-388
day Gerken
1.   Suggested the noise labeling of vacuum cleaners
    and dishwashers.
     -389
Hen L. (Mrs. John) McCamish
1.   Expressed support for noise abatement efforts.
    citing noisy refrigerators, chain saws and
    lawnmowers.
     -390
Theodore Berland
President, Citizens Against Noise
1.    Requested the opportunity to testify at the
     Washington, D. C. hearing.
     -391
(Name is Illegible)
MacMurray Pacific Wholesale
Builders' Specialties
1.   Noted the San Francisco hearing and requested
     more information on the subject
     -392
Darrell E. Wolbers
J.I. Case, Tenneco
1.   Informed EPA of Case representative to testify
     at the Cedar Rapids hearing.
     -393
 High School Students
     Expressed concern over the loud music at
     parties and wondered what could be done.
     -394
 H.J.Wise
 W. H. Brady Company
     As a manufacturer of nameplate and labeling
     products, requested copies of proposed regulations
     for their review and comment
     -395
       Spessard
 1.   Expressed support for the program, citing
     vacuum cleaners and blenders, in order to make
     intelligent choices.
     •396
 &arlene Davis
 1.   Expressed concern over noise from blenders,
     mixers, refrigerators, motorcycles and snowmobiles.
                                      287

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Docket Number, Name,
     Affiliation
                Comments
77-8-397
Mrs. Lillian E. Burns
1.   Expressed concern over noise from newer
    appliances (e.g., a refrigerator, a mower, and
    cars) relative to older, more noise-free
    appliances.
     -398
Cherie Larson
1.   Expressed support for the program, citing
    lawnmowers, vacuum cleaners, washers, motor-
    cycles, and piped in music at shopping centers
    and restaurants.
     -399
Charles E. Speiser
Certified Hazard Control Manager
     Expressed concern over chain saw, lawnmower
     and "weed eater" noise, which he has measured
     at 106 dB(A) and strongly suggested labeling
     of these products.

     Suggested instructions on the label or in sales
     information which advised user of above products
     to wear hearing protectors.
     -400
Richard 0. Thomalla
International Acoustical Testing
   Laboratories, Inc.
1.   Expressed support for the labeling program.

2.   Discussed his company's sound rating procedures
     and specific costs.  Standard fee for conducting a
     sound power test in accordance with ANSI SI.21 &
     $300 but cost could be reduced to S200 or less if
     fewer frequency bands taken, while a single number
     sound power level test would cost around $150.


3.   Suggested that cost of testing and lab availability b*
     major considerations when devising a rating schem*-
                                             While simplest rating would involve a sound
                                             pressure reading, availibility of testing labs with
                                             anechoic room is less than desirable. A more
                                             practical approach is a sound power measureme^1'
                                             because sound power data is corrected for whateve
                                             environment it is measured in.
                                          288

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Docket Number, Name,
    Affiliation
                  Comments
77-8-401
David M. Anderson
Bethlehem Steel Corp.
1.    Criticized lack of requirements for providing infor-
     mation on how "noise reduction ratings" can be used to
     determine the actual noise levels when the product
     is installed in a specific environment.

2.    Asserted that a small additional amount of informa-
     tion could allow user to predict resulting noise level
     when installed.
                                       3.   Suggested inclusion of requirement that this
                                            information be included on the label or in
                                            supplementary material provided to purchaser.
     -402
Pearl Michaelson
1.   Expressed support for noise control program.

2.   Listed noisy appliances: dishwasher, washing
     machine, clothes dryer, refrigerator, lawnmower,
     air conditioners, and garbage disposal.
     -403
Louis H.Bieler
1.   Complained about noise of a new air
     conditioner.

2.   Noted that the manufacturer, when contacted,
     had no concern about the noise level.

3.   Suggested that there had been false advertising.
     •404
     C. Worthington
 1,   Expressed opposition to the noise labeling program,
     suggesting that it is a waste of taxpayers' money.
     •405
    na Hellman
 P«Pt. of Speech Pathology and Audiology
 B°ston University
 and
        Seharf
 Auditory Perception Laboratory
 Northeastern University
 1.   Suggested rating based on a computational proce-
     dure instead of a weighted physical measure such as a
     dBA, because the former includes subjective psycho-
     acoustic methodology, provides a linear measure,
     allows for incorporation of refinements relating to
     tonal components and sound intermittency, and
     involves costs that are lower than those required
     for standardized sound-level measurements.
                                        289

-------
Docket Number, Name,
    Affiliation
                   Comments
77-8-405 (Continued)
2.   Mentioned calculation systems: (1) American
     National Standard S3.4 Procedure for the
     Computation of Loudness of Noise; (2) Part B
     of R-532 of the International Standards Organi-
     zation (a Procedure for Calculating Loudness Level);
     and (3) 150 R507, Procedures for Describing Aircraft
     Noise Around an Airport.

3.   Discussed technical and cost-related advantages
     and disadvantages of dB(A).

4.   Mentioned that although the public is aware of deci-
     bels, sound ratings could not easily be related to them,
     and any rating system will be new to the public
     anyway. Also, increasing public understanding of
     dB(A) would not be of great benefit,  since con-
     sumers are not involved in monitoring or measuring
     noise levels.

5.   Argued in favor of using sones as a means of
     expressing noise level on the label because:
     a.   The scale is linear and absolute.
     b.   The measure is internationally accepted.
     c.   It would promote understanding of direct.
         measures of the subjective effect of noise.

6.   Supported numerical ratings versus categories.

7.   Commented  on problem of taking into account
     aging of noise-producing product, suggesting an
     average of measurements taken after a period of
     simulated use.

8.   Mentioned problems associated with temporal
     factors, including overall duration, intermittency,
     and tonal components; and recommended a delay
     in labeling products whose noise qualities reflect
     these problems.

9.   Advocated the creation of a federally-sponsored
     but independent laboratory which would test
     products, advise manufacturers, and perform
     relevant research.
                                        290

-------
Docket Number, Name,
   Affiliation
                Comments
77-8-406
Charles W.Hyer
The Marley Corporation
1.    Requested information on the hearings, indicating
     that he wished to attend and offer comments.
     -407
Mrs. Gregory Brill
1.    Expressed concern over television noise.
     •408
Lewis K. Hosfeld
1.   Expressed concern over noise from trail cycles.
     -409
Claude Shirai
Japan Machinery Federation
     Requested information on proposed noise labeling
     standards.
     -410
Frances J. Babon
1.   Expressed support for noise labeling program.

2.   Suggested that her family's health is adversely
     affected by noise.

3.   Suggested products to be labeled: Hair dryers,
     vacuum cleaners, food blenders, shop tools, lawn
     and garden equipment, chain saws, remote con-
     trolled airplanes and boats.
     -411
 Archie L. Spratt
 Instamatic Corporation
 1,   Expressed opposition to noise labeling regulatory
     program, especially as applied to roof-top
     air conditioners on RV's due to:
     a.   high cost of testing procedures,
     b.   lack of public complaints about noise of
          their products,
     c.   the fact that noise reducing features will
          reduce efficiency.
     •412
    F. Renneberg
 1.   Expressed opposition to the program, stating
     that the market mechanism is sufficient to solve
     the noise problem, if it exists.
                                          291

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-413
Melvin W. Talbott
1.    Expressed support for noise labeling program,
     mentioning cars, trucks and vans as prime
     candidates for labeling.

2.    Expressed concern about loud traffic noise.
     -414
Larry Potter
Kentucky Department of Labor
Occupational Safety and Health
(Insert in Docket 77-5)
     Suggested that on the labels of noise reduction
     products, it should be stated that the attenuation
     values are affected by improper fitting or wearing,
     and that these values are determined under ideal
     conditions.
     -415
Mrs. F. J. Hammond
     Expressed concern about the noise of kitchen
     blender.
     -416
Stan Dudek
1.    Expressed concern about traffic noise.
     -417
Thomas A. Dobbelane
     Suggested that labeling will not solve the noise
     problem and that regulation is necessary because
     people like noisy products.

     Complained about noise of chain saws, lawnmowers,
     trail bikes, motorcycles,  cars, TV commercials,
     and motorboats.
Dr. and Mrs. Ronald L Hall
1.   Expressed support for labeling program.

2.   Suggested these products for labeling: air conditioners
    (window units), hair dryers, fans, dishwashers, and
    vacuum cleaners.
     -419
Alberta J. McAlamey
1.   Expressed concern about the noise level of Hoover
    vacuum cleaner and motorcycles.
                                       292

-------
 Docket Number, Name,
    Affiliation
                   Comments
 77-8-420
 Le Ann Price
1.   Expressed support for labeling program.

2.   Listed noisy appliances:  stove exhaust fan,
     hand mixer, lawnmowers, hair dryers, vacuum
     cleaners and refrigerators.
     -421
 Edward J. Reilly
1.   Expressed support for the noise regulation
     program.

2.   Complained about the noise of public transportation
     vehicles and cars.
     •422
William C. Legg
1.   Expressed support for noise regulation program.

2.   Noted that vehicles, particularly trucks, are
     excessively noisy.

3.   Suggested that factories should not be located
     in residential areas.
     -423
Frances Szablewski
1.    Expressed support for noise labeling program.

2.    Listed noisy appliances: dishwasher, washing
     machine, lawnmower, coffee grinder, vacuum
     cleaner.
     •424
Francois Louis
Renault, USA
(Insert in Docket 77-9)
I.    In connection with possible noise labeling of
     vehicles and mufflers, suggested methodology
     for measuring certain noises associated with cars,
     specifically exhaust noise, engine noise, exterior
     and interior noise, and difficulties associated with
     each technique.
                                         293

-------
Docket Number, Name,
     Affiliation
                Comments
77-8-425
P. D. Southgate
1.    Expressed support for noise labeling program.

2.    Suggested that in the case of products when a
     third party is affected, labeling is not sufficient
     and regulation is needed.

3.    Suggested that state regulation is not sufficient
     when a product is nationally marketed, but Federal
     regulation is necessary.
     -426
L. Lamar Black
1.   Expressed opposition to the labeling of household
     appliances.

2.   Criticized EPA actions because of increased prices
     for consumers.

3.   Asserted that manufacturers are capable of regulating
     themselves through competition
     -427
Rachel Corbin Riley
1.   Complained about the noise of a factory near
     her house.
     -428
Mr. and Mrs. John R. Sheeley
 1.   Expressed support for noise abatement program.

 2.   Listed noisy appliances:  vacuum cleaners, chain
     saws, power mowers, dishwashers.
     -429
 Robert J. Entwisle
 Automatic Switch Company
 1.   Requested information concerning labeling program
     and specific products that will require labels.
     •430
M. F. Crabtree
 1.   Requested assistance with a specific noisy appliance,
     an air burning furnace in their mobile home.
                                             294

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-431
Mis. Marie S. Griffin
1.   Expressed support for labeling program.

2.   Suggested that merchants be required to demon-
    strate their products in the store so that consumers
    can hear the noise level.

3.   Expressed concern about the noise level of
    dishwashers, in addition to lawnmowers and
    television commercials.
     -432
Mrs. James H. Watson
1.   Listed noisy products: vacuum cleaner, hand and
     large mixer, electric razor, lawnmower, hand
     skill saw, gas driven saw, hair dryer.
     •433
Mrs. Dorothy Chapin
1.   Expressed support for the labeling program.

2.   Suggested that the noise level of electrical pumps
     used for irrigation be regulated.
     •434
Warren E. Cast
Cast Manufacturing Corp.
 1.   Expressed opposition to the labeling program,
     stating that it is unnecessary and will not influence
     purchasers' decisions.

 2.   Expressed the opinion that as consumers begin
     to look for quieter products, manufacturers will
     make quieter products.
     -435
 Mrs. Buddy E. Arbuckle
 1.   Expressed concern about the noise levels of
     dishwasher and hood fan.
     •436
 Mrs. L. J. McNeill, Jr.
 1.    Listed noisy products: vacuum cleaner,
      hand-held hair dryer and vehicle motors.
                                              295

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-437
Family Finance Class
Fordland High School, Missouri
1.    Listed noisy appliances:  garden tillers, garbage
     disposals, lawnmowers, blenders, hair dryers,
     electric mixers, washing machines, dryers, vacuum
     cleaners, refrigerators, sewing machines, air
     conditioners, fans, telephones, dishwashers.

2.    Suggested a rating scale from 1 to 10.
     -438
Andrew Aitken
1.   Suggested that trucks do not obey current noise
     regulations, and that noise checks be integrated
     with speed checks conducted by the state police

2.   Suggested that trail bikes be made so that mufflers
     cannot be removed since enforcement of regulations
     in that case is virtually impossible.
     -439
Theonie Lilmore
1.   Expressed support for the labeling program.

2.   Suggested that retailers who sell noisy appliances
     also sell hearing protectors.
     -440
S. Ditz
1.   Expressed concern about the noise of a vacuum
     cleaner.
     -441
Helen M. Schmidt
     Listed noisy products: vacuum cleaners, air
     conditioners, kitchen vent fans, mixers, tele-
     visions, lawnmowers, power tools, motorcycles
     and trucks.

     Suggested that by requiring labeling, manufacturers
     will be forced to think about noise.
     -442
Eunice B. Quids
 1,   Suggested that motorcycle noise should be strictly
     regulated, with heavy fines for violations of noise
     ordinances.
                                            296

-------
Docket Number, Name,
     Affiliation
                Comments
77-8-443
Louise Wilson
1.   Listed noisy products:  vacuum cleaner, refrigerator,
     and central heating unit.
     •444
K. O. looker, Pros.
Plasticast Laboratories, Inc.
(Insert in Docket 77-5)
     Indicated that sound attenuation of custom molded
     ear protectors will vary from one individual to
     another depending on stiffness of ear tissue
     and other factors.  Tests have indicated attenu-
     ation varying from 18 to 22 decibels in the range
     of 300 to 1000 Hertz and from 28 to 35 decibels
     in the range of 3000 Hertz and beyond.
     -445
Carol Seamon
1.   Expressed support for a labeling program.

2.   Suggested that mandatory noise limits be set for
     vacuum cleaners, lawnmowers and shop tools.

3.   Suggested that a numerical rating system be used,
     rather than symbols.
     •446
Unsigned
1.   Listed noisy products:  vacuum cleaners, hair
     dryers, electric mixers, lawn mowers, chain saws.
     motor cycles.
     •447
The Veresh's
1.   Listed noisy appliances: hair dryer and vacuum
     cleaner.
     •448
Sam and Laura Robbins
1.   Listed noisy products:  Lawnmowers, motorcycles,
     air conditioners, pool filter pumps, indoor and
     outdoor vacuum cleaners, autos, trucks, hair
     dryers.

2.   Requested information on the noise level of
     different pool filters and vacuum cleaners so that
     they can comparison shop.
                                          297

-------
Docket Number, Name,
    Affiliation
              Comments
77-8-449
Max 0. Bflfft
     Listed appliances needing labels: vacuum
     cleaners, refrigerators, air conditioners, hair
     dryers, heater blowers, shop tools, dishwashers,
     exhaust fans, washing machines and dryers,
     power boats, toys.
     -450
J. C. and Dorothy Kenyon
     Expressed concern about the noise level of
     boats and trucks.
     •451
Unsigned
     Rank-ordered noisy products: lawn and garden
     equipment, shop tools, air conditioners, vacuum
     cleaners and floor waxers, dishwashers and
     washing machines, blenders, hair dryers, and
     electric fans.
                                        2.   Suggested use of symobls for noise rating descriptor.
     -452
Eleanor Culberson
1.    Expressed support for labeling program.

2.    Mentioned need for quiet dishwashers, vacuum
     cleaners, and washing machines.
     •453
Allison Titus
1.    Complained about danger of vacuum cleaner's
     retractable cord.
     -454
Unsigned
1.    Opposed labeling program viewing it as a
     waste of money.
     -455
Mrs. A. William Eutler
1.    Complained of noise emitted by a vacuum
     cleaner.
                                        298

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-456
Mrs. Bill Joe Austin
1.    Complained about neighbor's air conditioning
     ana heat pump system.

2.    Suggested heat pump, because of stationary
     position and continuous use, be given priority
     for noise control.

3.    Empnasized that neighbor was not informed about
     noise level at time of purchase.
     -457
Mrs. Ralph Moffet
1.   Complained about noise of refrigerator
     ^58
Roger D. Smith
1.   Requested placement on mailing list for product-
     specific regulations.

2.   Asked if regulations exist covering laboratories
     that provide compliance testing services.
     •459
Yvonne Brunstad
1.   Expressed support for labeling program.
     -460
Elizabeth McCutchen
 1.   Complained about noise emitted by vacuum
     cleaner.
     •461
Mrs. A. P. Lovato
 1.   Expressed support for noise abatement program.

 2.   Suggested a warning be placed on labels and ads
     similar to Surgeon General's cigarette-smoking
     warning.
     -462
John L. Warner
 1.   Believed labeling of motorcycles and exhaust
     systems will be ineffective but supports maximum
     noise levels and fines for altering the system.
                                       299

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-463
Mrs. R. J. Gelhar
1.   Complained about noise of vacuum cleaners,
    hair dryers, and washing machines.
     -464
Geraldine Greig
1.    Expressed support for program.

2.    Referred to computers and business machines
     as a source of noise.
     -465
Shirley W. Valin
1.   Expressed support for labeling program.

2.   Sources of noise mentioned as annoying are
     vacuum cleaners, shop tools, power mowers and
     gardening equipment.
    -466
Muriel Cowing
 Ann Smith
 1.   Expressed support for labeling program.

 2.   Referred to vacuum cleaners as major noise source.

 3.   Preferred symbols to numbers as noise rating
     descriptors.


 1.   Expressed support for labeling program.

 2.   Stated that numerical rating would be better
     than a symbolic system.

 3.   Requested information on different types of
     noise pollution (e.g., Concorde, rock music).
     -468
 Unsigned
 1.   Opposed program due to increased costs and
     restrictions on individual freedom.
                                        300

-------
Docket Number, Name,
   Affiliation
                    Comments
     77-8-469
Frederick G. Crocker, Jr.
Vice President and General Manager
Safety Products Division
Norton Company
(Insert Into 77-5)
     SONIC EAR VALUS and SONIC II protectors
     cannot be tested using ASA STD 1-1976/ANSI
     Sec. 3.19-1974 and thus cannot be assigned an
     NRR number.

     Commented on Sec. 211.2.5 concerning
     exceptions to rating system.
     a.   Second sentence should be limited to
         devices not already on the market. Alter-
         native procedure should be used for those
         products already on the market.  Application
         process for a "suitable alternative rating
         system" should allow a year after promulga-
         tion date to run tests and to prepare application.
     b.   "Suitable" is not defined in phrase "suitable
         alternative effectiveness rating." Submitted that
         a "suitable" alternative rating system for a
         device for which NRR is not an accurate indi-
         cator can be independent and unrelated to
         NRR system.
     c.   Sec, 211.2.5(c) does not define what constitutes
         "conclusive scientific test data" (suggested language)

     Changes proposed are designed to permit continued
     marketing during testing and processing of application.
     •470
Mrs. Don E. Van Meter
    Complained about noise of vacuum cleaner.
    Model S3073).

    Noted that demonstration on sales floor did not
    effectively indicate true noise level in home.
     -471
Mrs. George W. Moor
1.    Support ed noise labeling program.

2.    Complained about air conditioner's interference with
     speech.
                                        301

-------
Docket Number, Name,
   Affiliation
                    Comments
77-8-472
Mrs. Carl Bostick
1.    Supported abatement of noise emitted by appliances.

2.    Noisy products listed include vacuum cleaners,
     fans, food mixers, blenders and powered lawn and
     garden equipment.
    -473
Shirley K. Jensen
1.    Complains about noise emitted from air conditioner,
     vacuum cleaner, hair dryer, food blender, dishwasher,
     and coffee grinder.
     -474
Mrs. Bill MacLean
1.   Complained about "canned music" in various
     public places.
     •415
Mrs. David J. Lukens
1.   Expressed support for labeling program.

2.   Commented on excessive noise of washing
     machine.

3.   Supported a rating scheme which uses descriptions
     of "very loud," "loud," etc.
     -476
Vera Kurkus
1.   Complained about noise emitted by blender,
     meat grinder, vacuum cleaner, hair dryer, and
     lawn mower.
R. J. Smith
Pearl Harbor Survivors Association
 1.   Claimed that two extremely noisy products are
     vacuum cleaners and gasoline-powered lawnmowers.
     -47B
Mrs. H. N. Kelly
 1.   Supported noise abatement program.

 2.   Mentioned a vacuum cleaner, exhaust fans,
     and school bells as extremely noisy products.
                                        302

-------
Docket Number, Name,
     Affiliation
                  Comments
77-8-479
Mrs. Gretchen Ogle
1.    Supported noise labeling program.

2.    Commented on excessive noise emitted by a
     vacuum cleaner.
     -480
Kathryn Kennedy
1.   Supported noise labeling program.

2.   Cited garbage disposal, electric broom, and
     vacuum cleaners as noisy appliances.
     •481
Mr. and Mrs. Anthony P. Burasz
 ,    Complained about noise emitted by "Big Wheel"
     tricycles.
     •482
Roy C. Patrick
Hearing Aid Consultant
1.    Recommended making illegal any modification
     of automobile or motorcycle exhaust system
     that produces greater noise emission.
    -483
Mrs. Anthony B. Manera
1.   Considered household appliance labeling as un-
     necessary but supported noise abatement actions
     directed at lawnmowers, motorcycles, and blowers.
     -484
Unreadable
1.   Complained about noise of a hair dryer.
     -485
Phyllis A. W. Jamison
     Complained about disruptions in her elementary
     school classes caused by aircraft based at Oceana
     Naval Air Station.
     -486
Laurence B. Ritter
     Listed noisy products:  hairdryer, diswasher, oven
     fan, washing machine, and electric workshop tools.
                                       303

-------
Docket Number, Name,
    Affiliation
                 Comments
77-8-487
Paul L. Young
1.    Supported strong emission regulations for
     motorcycles and especially trail bikes.

2.    Expected EPA to notify him of its position and
     action.
     -488
Ursula Stanton
1.    Commented on excessive noise produced by a
     dishwasher.
     -489
Eliana Woodford
1 •    Supported noise abatement controls for a vacuum
     cleaner, blender, and hair dryer.
     -490
Unreadable
1.    Supported labeling of electric appliances, men-
     tioning dishwashers and vacuum cleaners.
     -491
W. L. Bolyard
1.   Supported noise abatement actions targeted at
     motor bikes, heavy duty trucks, and chain saws.
     -492
Mrs. Albert E. Montague
 1.   Mentioned major noise offenders: vacuum
     cleaners, refrigerators, dehumidifiers, TV
     commercials, motorcycles, and lawnmowers.
     -493
 M. M. Walker
     Complained about noise emitted by lawn and
     garden equipment, vacuum cleaners, and
     household appliances in general.
     -494
 Ms. Olive H. Kennedy
     Complained about noise emitted by a vacuum
     cleaner.
     -495
 Mr. Allen D. Slater
 1.   Supported product noise labeling for electric appli-
     ances, especially vacuum cleaners, hair dryers, dish-
     washers, and air conditioners (window units).

 2.   Preferred a numerical rating system.
                                      304

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Docket Number, Name,
     Affiliation
                    Comments
77-8-496
Margaret Carrico
1.    Expressed opinion that ONAC should focus
     on TV commercials.
     -497
E. C. Blackburn
1.    Supported noise l?beling program.

2.    Mentioned vacuum cleaner, digital clock, radios,
     and hair dryer as major offenders in his home.
     -498
Mrs. Vernon Alvord
1.    Commented on excessive noise emitted by a
     refrigerator.
     -499
S. Smith
1.   Complained about noise of a hairdryer.

2.   Mentioned that he had not been aware of its
     noise emission qualities  at time of purchase.
     -500
Unsigned
1.   Complained about noise emitted by a vacuum
     cleaner and refrigerator.
     •501
Mrs. R. LeRoy Rollins
1.   Suggested that many household products are
     too noisy.

2.   Listed noisy appliances: vacuum cleaner,
     air conditioner, and food processor.
     -502
E.Bailly
 1.   Stated that noise invades his privacy.

 2.   Listed noisy products: stereos, radios, televisions,
     tape recorders, CB radios, PA systems, vehicle ex-
     haust systems, lawnmowers, power saws, motor-
     cycles, aircraft, recreational vehicles such as dune
     buggies and snowmobiles.

 3.   Urged that national regulation is necessary rather
     than state control.
                                       305

-------
Docket Number, Name,
   Affiliation
                Comments
77-8-503
Mrs. Delbert Christiansen
1.   Expressed support for the labeling program.

2.   Complained about the noise level of a refrigerator,
     central air conditioner, a vacuum cleaner and
     refrigerator.
     -504
Dr. Sharon L. Scholl
1.    Stated that local police have been no help in
     keeping down the noise level of motorcycles,
     thus it is necessary to get manufacturers to
     reduce noise.

2.    Listed noisy products: air conditioners, vacuum
     cleaners, garbage disposals, blenders, electric scissors.

3.    Noted the importance of such factors as duration
     of use, as is the case with air conditioners, and
     cases where one is not controlling the source of
     noise, as is the case with motorcycles.
     -505
Pat Newport
     Complained about the noise of her vacuum
     cleaner.

     Stated that a label containing noise level information
     on the vacuum cleaner would have altered her
     purchase decision.
     -506
H. Malcolm Lewis
Westside Building
Materials Company
1.   Expressed support for noise control program.

2.   Urged action on the noise of cement trucks,
     several of which are located in a plant next to
     their showroom.
     -507
D. Roman
     Listed noisy products: an air conditioner and
     an electric broom.

     Observed that her 10-year-old air conditioner
     cools faster and is quieter than her new one.
                                         306

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Docket Number, Name,
    Affiliation
                  Comments
77-8-508
Mrs. Herbert Bergam
1.   Complained about the noise level of her coffee
    maker.
     -509
W. A. Hyland
                                        2.

                                        3.
    Disagreed with idea that products need to be
    noise level labeled. Manufacturers will try to
    harvest lowest noise levels and end up pro-
    ducing inferior products costing more.

    Stated that labeling will increase cost of products.

    Felt that the proposal numbering of  noise
    levels could be confusing to people.
     -510
G. A. O'Brien
Representative,
17th District, Illinois
    Requested information on response to
    Docket #77-8-011
     -511
M. D. Furman
    Stated that equipment to be noise labeled
    is not used by people who understand decibels;
    (labeling) is stupid and costly.
     -512
H. Hoffman
1.   Requested information on noise regulations.
                                        307

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Docket Number, Name,
    Affiliation
                  Comments
 77-8-513
Mrs. J. V. Johnson
     Expressed annoyance about the small motorcycles
     ridden by children as well as the full-sized motor-
     cycles.
     -514
Mrs. Thomas Williams
1.   Expressed support for noise abatement legislation.

2.   Stated that their rights are being infringed upon by
    lawnmowers and motorcycles operated by others.
     -515
Harry Hughes
     Listed disturbing products whose noise comes
     from the exhaust pipes:  automobiles with
     "High Performance" mufflers, motorcycles, jet
     aircraft, propeller driven planes, helicopters
     with rotor slap and diesel locomotives.

     Stated that noise pollution is as much of a health
     hazard as exhaust fumes.
     -516
William Andersen
1.    Urged noise regulations for lawnmowers.

2.    Expressed the opinion that both the older and
     the newer lawnmowers have the same noise level.
     -517
A Concerned Citizen
1.    Expressed support for noise regulation of motor
     bikes.
     -518
Thomas R. Houck
1.   Complained about the military aircraft that
     constantly fly over his vacation home in South
     Carolina.
                                        308

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Docket Number, Name,
    Affiliation
                  Comments
77-8-519
Allen O. Kundtson
    -520
F. Macenko, Chief
Noise Control Division
Environmental Protection of Canada
1.   Complained about the noise that issues constantly
     from the boiler smoke stacks of a packing plant
     in Wisconsin.

2.   Suggested that this noise drowns out other
     undesirable noises.

1.   Expressed support for the labeling program.

2.   Stated the  opinion that labeling, if used in
     conjunction with an adequate public information
     program, can help to minimize public exposure to
     excessive noise.
                                            Urged that the Noise Rating number reflect
                                            "in-use" noise rather than noise in a free running
                                            state.
                                       4.   Urged the use of Leq to help facilitate comparisons
                                            between products on the part of the consumer.

                                       5.   Noted that the use of different rating schemes for
                                            different products would be of minimal use to
                                            the consumer.

                                       6,   Suggested that products which have a similar
                                            function be given comparable noise ratings (such
                                            as a hand saw and a power saw).

                                       7.   Suggested that either a label or flyer be included
                                            with the product to explain the purpose and meaning
                                            of the label and  the rating, as well as containing
                                            examples of noise exposure which should not be
                                            exceeded during the average day.
     -521
Marilyn Wilkins Samuelson
1.    Complained about the noise of her hair
     dryer.

2.    Expressed support for labels on all appliances with
     electric motors.
                                        309

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Docket Number, Name,
    Affiliation
                  Comments
77-8-521 (Continued)
3.   Suggested that noise levels be expressed in decibels.

4.   Suggested that measurements be taken at the
     distance of six inches or less.
     -522
Ruth Lynn
1.   Listed motorcycles and stereos as being excessively
     noisy.

2.   Suggested that "reason and sense" be exercised
     in noise control actions.
     -523
Edwin W. Abbott
Air Transport Association of America
     Stated that the Air Transport Association has no
     comments about the general provisions of the
     product noise labeling regulatory program.
     -524
Mrs. Grace Norris
     Complained about a recreational flying club near
     her home.
     -525
Mrs. Richard Frazak
1.   Expressed support for noise abatement.

2.   Expressed support for noise labeling of vacuum
     cleaners.
     -526
Lawrence H. Hodges
Vice President
J. I. Case Co.
1.   Supported reasonable labeling of products.

2.   Viewed labeling as a "viable alternative" to unneces-
     sary and unreasonable noise emission standards.

3.   Commented on proposal:
     a.   Recommended permanent label.
     b.   Opposed use of label information on range
         of noise labels for a product class, due to costs,
         importance of other factors in purchaser's
         decision, and possible regional differences in
         product availability.
     c.   Suggested that statement about measurement
         methodology be placed on label.
                                       310

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Docket Number, Name,
   Affiliation
                Comments
77-8-526 (Continued)
     d.   Recommended a noise rating in dB(A) versus
         an acoustic rating descriptor.
     e.   Preferred manufacturer's self-certification.

4.   Submitted letter from Case to Dawes and Moore
     with respect to noise abatement (in order of
     preference): (1) voluntary labeling, (2) man-
     dated labeling without noise standards; and
     (3) mandated labeling with minimal noise standards.

5.   Submitted into record "Comments to Dawes and
     Moore regarding Labeling Noise Levels of Wheel
     and Crawler Loaders and Dozers," which:
     a.   Expressed support for voluntary product label-
         ing as a viable alternative to emission standards.
     b.   Described University of Nebraska information
         on tractor noise and how the publication of
         this data supposedly produced a demand for
         quieter vehicles.
     c.   Proposed sample label for wheel/crawler
         loader/dozers which contains a maximum
         noise level  certification.
     -527
Mrs. Charles Koofmans
 1.   Expressed support for noise labels on appliances.

 2.   Listed noisy appliances:  vacuum cleaners, hair
     dryer, exhaust fan, air conditioners, cars and tractors.
     -528
Kelly Bright
 1.   Expressed support for noise labeling program.

 2,   Noted loud noise level of a vacuum cleaner
     and blender.

 3.   Observed that noise level is not necessarily related
     to efficiency.
                                          311

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Docket Number, Name,
     Affiliation
                   Comments
77-8-529
Bruce Nordquist
Public Health Environmentalist
1.   Expressed support for noise labeling program.

2.   Listed noisy appliances he is aware of due to
     his field experience: air conditioner, workshop
     tools, powered lawn and garden equipment.

3.   Noted that the danger of the above stems from
     the long periods of use.

4.   Noted that industry has improved many products
     by solid construction, better balanced motors
     and muffler exhaust systems.

5.   Listed other noisy products: children's toys such
     as tricycles with hollow plastic wheels, vacuum
     cleaners, dishwashers, hair dryers, clothes washers
     and dryers, and food mixers.
     -530
Mrs. Elizabeth Adamson
1.   Expressed support for labeling programs.

2.   Listed noisy appliances: a vacuum cleaner,
     hair dryer, garden and shop tools.

3.   Stated that her dishwasher is extremely
     quiet.
     -531
Mrs. Patricia Cole Blake
1.    Expressed support for the labeling program.

2.    Suggested that federal action is necessary for a
     successful fight against noise as local police
     and health departments are powerless or disinterested.

3.    Suggested that cars and motorcycles need to be labeled.
                                        312

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 Docket Number, Name,
    Affiliation
                  Comments
 77-8-532
 Nada Yanshak Brillante
 1.   Stated that both brands of refrigerators she
     owns are quite noisy.

 2.   Urged that refrigerators be considered for
     labeling even before dishwashers, because
     they are constantly running.

 3.   Stated that for her, the noise a refrigerator
     makes is of greater importance than its price,
     size or features.
     •533
Mr. and Mrs. R. Robert Wells
1.   Listed noisy appliances: a vacuum cleaner
     and electric lawn edger.

2.   Questioned why products couldn't be manu-
     factured to operate more quietly.
     -534
William Sorber, Sr.
     Complained about the noise of their refri-
     gerator, stating that it keeps them awake
     at night.

     Stated that they have received only negative
     responses from the manufacturer, who is un-
     sympathetic to noise complaints.
    -535
Greg Serafina
1.   Complained about noise pollution in general.

2.   Argued that power lawn and garden equipment
    are the worst offenders because they are used
    outdoors and are more easily heard by others
    (third party disbenefits).
    -536
      oenig
1.   Expressed support for controlling the noise level
    of motorcycles, which are louder than jet planes
    near his home.
                                        313

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Docket Number, Name,
   Affiliation
               Comments
77-8-537
Mrs. Ruth L. Levine
    Suggested that a comparative noise level standard
    be developed, so that personal or phone conver-
    sation can be carried on in the same room, or a
    doorbell or telephone ring can be heard from
    another room.
     -538
Mrs. J. W. Hunter
1.   Suggested appliances for labeling program: air
    conditioners, vacuum cleaners, mixers, blenders
    and anything with a gas or electric motor.  Mentioned
    specifically her own refrigerator.
                                        2.   Suggested that quieter appliances of the same
                                             type were made in the past, stressing her experience
                                             with refrigerators.
     -539
Charles S. Carlyle
1.    Expressed support for noise control; stating that
     noise is as much of a problem as air or water
     pollution.

2.    Expressed the opinion that labeling is not a useless
     idea, but should have low priority.

3.    Observed that it is not possible to legislate the
     sensitivity of one's neighbors.

4.    Complained about the noise of barking dogs and
     recreational vehicles, particularly snowmobiles
     and trail bikes.

5.    Suggested that the solution is to tax luxury
     vehicles, in  addition to regulating them.

6.    Stressed the greater importance of reducing the
     noise levels of rural areas as .opposed to urban areas.
                                            314

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Docket Number, Name,
    Affiliation
                    Comments
77-8-540
Douglas A. Fraser, President
International Union, UAW
    Stated that the UAW receives more complaints
    about noise than any other occupational hazard.

    Expressed support for labeling and noise regu-
    lation program.

    Emphasized the importance x>f regulating the
    noise of industrial machinery, because of
    length of exposure for the individual.

    Suggested that it is easier to reduce the noise
    level of industrial machines at the time of pro-
    duction, rather than using OSHA or labor contract
    procedures on a plant-by-plant basis.
     -541
Aurella Worrell
    Listed noisy appliances:  air compressors and
    air conditioners.
     -542
Mrs. W. M. Bingham
    Complained about the noise level of television
    commercials and previews.

    Listed products that need labeling: lawn mowers,
    vacuum cleaners, garbage trucks, and railroad tracks.
     -543
 Mary Wright
1.   Expressed support for noise rating program.

2.   Requested the noise ratings of heaters, electric
    fans and air conditioners.
     •544
 Ruth Kuper Levine
1.    Expressed support for noise labeling program.

2.    Noted the particularly high level of noise in
     urban areas.
                                      315

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Docket Number, Name,
    Affiliation
               Comments
77-8-545
11m Mueller
    Suggested products for labeling: fans, air con-
    ditioners, dehumidifiers, humidifiers, dishwashers,
    refrigerators, freezers, clocks, mixers, stove
    exhaust fans, vacuum cleaners, can openers, lawn-
    mowers, chain saws, hedge trimmers, and motor
    vehicles.

    Suggested using a decibel level as a rating scale,
    along with a comparison to give the rating meaning.
     -546
Thomas D. Rossing
Professor of Physics
Northern Illinois University
1.    Expressed support for noise labeling program.

2.    Suggested labeling all powered appliances, including
     power tools, fans and pumps.

3.    Suggested an enforcement method whereby a
     purchaser would be able to recover one-half of
     the purchase price if the product had no label or
     carried an incorrect label.
     -547
Mrs. C. E. Lighter
1.   Complained about the noise level of an air
     conditioner.

2.   Stated that this air conditioner  is advertised as
     quiet.

3.   Stated that the air conditioner they have is
     also noisy.
     -548
M. B. Doyle, President
International Snowmobile Industry
   Association
This entry included:

1.   List of average sound emissions of all 1977
     model snowmobile produced by seven participate
     manufacturers, tested by United States Testing
     Company, Inc.

2.   Operational Sound Level Measurement Procedure
     for Snow Vehicles-SAE Jl 161 and SAE J192a.
                                      316

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Docket Number, Name,
    Affiliation                                          Comments
77-8-548 (Continued)                   3.   Sample copy of the Snowmobile Safety and
                                           Certification Committee Sound Rating Label.

                                      4.   News release issued by the International Snow-
                                           mobile Industry Association on September 19,1977.
                                           a.    Announced the adoption of a voluntary sound
                                                emission labeling program for all new snow-
                                                mobiles.
                                           b.    Discussed a labeling procedure whereby each
                                                snowmobile will bear a label showing its
                                                sound rating.
                                           c.    Noted that the industry had achieved a
                                                94 percent reduction in sound emissions of
                                                snowmobiles since 1968-a voluntary reduction
                                                due, in part, to EPA's actions.

                                      5.   Document describing the labeling program, which
                                           discusses the emissions standards.
                                           a.    Noted that the emission rating consisted of two
                                                parts, a maximum sound emission at wide open
                                                throttle and a  typical sound emission at IS mph.
                                                A good deal of variation between these two
                                                measures can be present due to size of machine.
                                          1 b.    Observed that variations in temperature, humidity,
                                                elevation and surface conditions can produce a
                                                sizable error in measurement, which is compen-
                                                sated for by a  2dB(A) tolerance in the measure-
                                                ment.
                                           c.    Indicated that it would be  inappropriate to
                                                include the range of snowmobile ratings on a
                                                label, because  of the lack of precision in the
                                                measurement and the clustering of all models
                                                around a single sound level.
                                           d.    Suggested that it is difficult to produce a range
                                                of snowmobile ratings until the end of the
                                                year since snowmobiles are produced all year.
                                           e.    Recommended against putting the  manufacturer
                                                and model number on the label, stating that such
                                                action meant added expense and logistical prob-
                                                lems, since other procedures are available to
                                                guard against misuse  of labels.
                                           f.    Provided details of labeling process.
                                        317

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Docket Number,. Name,
    Affiliation
                  Comments
77-8-549
Elisabeth G. Garrison
1.   Expressed support for noise abatement.
     -550
Rhea A. Bahlion
1.   Suggested a "numbering system" as an appro*
     priate noise level rating as it would be easy to
     understand.

2.   Listed noisy appliances: shop tools such as skill
     saws, jigsaws, electric drills, mills, bridgeports and
     lathes; garden tools such as tillers and lawnmowers;
     dishwashers, blenders, electric coffee grinders and
     refrigerators.

3.   Suggested that attention also be directed to heavy
     trucks, motorcycles, snowmobiles and chain saws.
     -551
Mrs. Elizabeth E. Bricks
1.   Listed sources of noise: blowers in public restrooms,
     vacuum cleaners, cars, motorcycles, airplanes, plumbing
     in the walls.
     -552
Roy R. Morris, representing
American Rental Association-
supplement to oral testimony by
Howard W. Burnett, in Washington,
D. C. on September 16,1977
 1.   Encouraged careful consideration of the economic
     impact that any action might have on a product's
     manufacturer or the purchaser, particularly for
     small manufacturers.

 2.   Expressed support for the determination of the
     feasibility of the regulation, specifically, can the
     noise level of a product be meaningfully and
     accurately measured?

 3.   Urged consideration of the utility of noise labeling.

 4.   Suggested that noise labeling is of little utility, as their •
     members have noted little, if any, demand for "silenced"
     equipment, especially if this  makes it more expensive.

 5.   Noted that the labeling noitce regulation is unclear and
     ambiguous with respect to the differences between "u-***
     mate purchaser" and "prospective user" (Sec. 8), a factor
     particularly pertinent in the case of rental equipment.
                                        318

-------
Docket Number, Name,
     Affiliation
                Comments
77-8-552 (Continued)
6.   Noted that the regulations (Section 8) call
     for notice to be given to the prospective user and
     give the Administrator authority to decide whether
     notice to the ultimate purchaser is sufficient or
     whether notice should be given to the prospective
     user in some other manner.

7.   Held that Congress never intended to require
     notice to every individual who might operate the
     equipment, but only to the ultimate purchaser.

8.   Indicated that to require notice of noise to be given
     to each user a permanent label, such as are stamped
     out of metal, would be necessary to withstand the
     types of repeated use their products perceive.

 9.   Indicated that periodic reattachment of paper or
     plastic labels by a rental supplier would be totally
     unpractical.

10.   Suggested that the regulations be amended so
     that the requirements are satisfied when notice
     is provided to the ultimate purchaser (the rental
     company) at the time of sale, rather than to each
     user.
     •553
 Mrs. Hilbert L. Norton
 1.   Expressed support for noise abatement in homes.

 2.   Listed noisy appliances:  washing machines, mixers,
      dishwashers, vacuum cleaners and refrigerators.

 3.   Noted that refrigerators are a unique case in house-
      hold appliances, since they must run constantly.

 4.   Complained in particular about her own refri-
      gerator, stating that it is much louder than her
      old one.

 5.   Stated that she has contacted the company and
      the regional distributor and was ignored.

 6.   Stated that salesmen in two sales rooms told her
      there was no such thing as a quiet refrigerator.
                                        319

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Docket Number, Name,
    Affiliation
                Comments
77-8-554
Carl E. Curet
1.   Expressed support for EPA programs and actions
     in general.

2.   Complained about traffic noise, specifically tractor
     trucks, motorcycles, motor bikes, garbage trucks
     and diesel buses.

3.   Suggested that manufacturers should be regulated.

4.   Suggested that elected city officials should be held
     responsible for enforcement of noise regulations.
     -555
R. S. Gales, Chairman
Subcommittee on Noise Standards
Acoustical Society of America
1.    Discussed the Society's scale for expressing the
     noise of small noise sources, specifically the
     Product Noise Rating (PNR) in decibels-the
     space average of A-weighted sound level at a dis-
     tance of one meter from a noise source over a
     reflecting plane (ASA Std. 4-1975; ANSI S3.17-1975).

2.    Argued in favor of this method, as it combines the
     accuracy and reproducibility of a sound power
     measurement with the consumer relatability of A-
     weighted sound level in decibels.

3.    Noted that this measurement is particularly
     appropriate for home appliances, as it gives the
     level in a room with absorbent walls.

4.    Argued that a scale in decibels will be useful to
     the consumer as it is possible for the consumer
     to become familiar with the scale. Mentioned that
     we are becoming a noise-conscious society.

5.    Opposed use of 1 to 10 rating scheme on a symbolic
     scale.

6.    Indicated that the best information available should
     be presented to the consumer. In other words, use
     the actual dB value rather than employing 5dB
     steps as classes.
                                         320

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Docket Number, Name,
     Affiliation
                Comments
77-8-555 (Continued)
7.    Enclosed reprint of his paper "The Role of
     ANSI S3-47(S1) in Coordinating Noise Standards"
     presented at the Proceedings of NOISE-CON 75,
     pages 259-266,1975.
     -556
Ervin Poduska
Professor at Kirkwood
  Community College
1.   Suggested the use of dBA or some decibel rating
     on a label, as it is an absolute standard that is
     already meaningful to many which could be
     assimilated by the rest of society with a minimum
     of public education.

2.   Stated that his students easily learn dB(A) measurement

3.   Suggested that acoustical tile, ear protectors and
     barrier devices be labeled.

4.   Suggested that the meaning of noise ratings for
     appliances and their effect on one's health be
     published, but not necessarily on the label.
     -557
 Mary Hochman
 1.   Complained of noise levels of a refrigerator,
     noting that sales representative told them it was
     normal.

 2.   Stated that consumers have a right to be aware of
     noise levels for refrigerators.

 3.   Argued that manufacturers should design
     quieter refrigerators.
     •558
 Elinor M. Bowman
                                        1.   Complained about her neighbor's power saw.
     -559
 Douglas A. Fraser, President
 hternational Union, UAW
                                        Same as Docket Entry 77-8-540.
                                        321

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Docket Number, Name,
    Affiliation
                  Comments
77-8-560
Unreadable
1.    Suggested consideration of automobiles and
     motorcycles under new regulations.
     -561
Earl Hardage
Mrs. Irene Hardage
Celia Turner
Fred Salter
1.    Suggested reducing noise on cars, as well as
     school bus brakes.
     -562
Dr. Joan Stephens
Audiologist
1.    Expressed support for the noise labeling program.

2.    Stated that she would base her purchase decision
     in some cases on noise levels.

3.    Suggested labeling ear defenders, vacuum cleaners,
     dishwashers, gardening equipment, blenders,
     garbage disposals and air conditioners.
     -563
Gerald E. Starkey, P.E.
Noise Abatement Specialist
County of Santa Clara
Environmental Management Agency
1.   Enclosed comments he presented at the San
     Francisco labeling hearings on September 22,1977.

2.   Included a list of devices which have caused noise
     complaints, as requested by a panel member.

3.   Expressed support for the labeling program.
     -564.
Anonymous
1.    Complained about the noise level of an electric
     hair dryer.

2.    Stated that if the noise level had been stated on
     the package, she wouldn't have purchased it.
                                       322

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Docket Number, Name,
    Affiliation

77-8-565
Webster and Chamberlain
Counsel to Power Tool Institute (PTI)
                                      2.
                                      3.
                  Comments
    PTI recommended that the acoustic rating
    descriptor be Noise Power Emission Level
    expressed in bels, or described in ANSI SI.23,
    1976.  The ANSI standard applicable to the
    product being labeled should be used for the
    measurement, and if no standard is available,
    EPA should work with manufacturers to
    develop one.

    PTI suggested the comparative acoustic rating
    information be deleted due to impracticality
    and resulting inequities.

    PTI recommended that company name, location,
    and model number need not be on the label if they
    appear elsewhere on the product.
    •566
John P. Reardon
Air-Conditioning and Refrigeration
  Institute
    Requested extension of public comment period
    to November 28,1977, to permit ARI to
    incorporate an ARI meeting on November 16
    in its Supplementary Statement on the Background
    Document.
    •567
Melvin F. Kuhn
1.  Requested information about "noisy appliances.'
    -568
Hon. Elford A. Cederberg
U. S. House of Representatives
1.   Expressed skepticism about EPA's concern over
    household appliance noise, when it is the outside of
    the home that should be targeted.

2.   Requested explanation of EPA's activities, especially
    as to how they will assist consumer's purchasing
    decisions.
                                      323

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Docket Number, Name,
    Affiliation
                    Comments
77-8-569
James M. Farrell
(letter forwarded by Sen. Griffin;
reply requested)
     Requested the information on surveys which
     led to the statement that "the American home is
     becoming increasingly noisy," as quoted in the
     September 1977 issue of Appliance Manufacturer
     (copy attached).

     Requested information on the size of the pro-
     gram's budget and on "the number of noise com-
     plaints that have been received by government
     agencies that has caused governmental action."
     -570
Mrs. D. D. Fisher
1.    Complained about noise made by motorcycles, cars,
     and power saws, but asserted that labeling would
     be ineffective because many products are made
     noisier after being purchased.

2.    Proposed that a strong noise nuisance law be
     passed and strictly enforced.
     -571
Mrs. H. Stovall
1.    Complained about noise level of frost-free
     refrigerator.
     -572
Larry F. Stikeleather, Ph.D.
1.    Expressed opposition to the labeling program
     because of increased taxes and increased prices.
     -573
James Egger
1.    Recommended that railroad trains (and their
     whistles) be given major attention by EPA in
     its noise abatement program.
     -574
Jean C. Pressler
1.   Praised efforts being made toward noise control.

2.   Complained about the loud music that is broad-
    cast in shopping establishments and asked for
    information about possible solutions.
                                    324

-------
 Docket Number, Name,
    Affiliation

 77-8-575
 David P. Reed
 1.
          Comments

Expressed opposition to the noise labeling
program due to increased costs, higher taxes,
limited effectiveness of similar regulations and
relative quietness of household appliances.
     -576
 Mrs. Evelyn Beeunas
     Requested that EPA "do something about"
     the following noise offenders:  motorcycles
     and motorbikes, "Big Wheels," cars with
     bad mufflers, power lawnmowers, large trucks,
     automobiles, and vacuum cleaners.
     -577
 John L. Bennett
 Safety Assurance Manager
 Black and Decker Manufacturing Co.
 1.   Black and Decker suggested that acoustic rating
     descriptor always be Noise Power Emission Level
     expressed in bels as described in ANSI SI.23.1976,
     Method for the Designation of Sound Power
     Emitted by Machine and Equipment.

 2.   The NPEL should be measured in accordance
     with the ANSI standard applicable to the type
     of product to be labeled, and if an ANSI
     standard does not exist, EPA and manufacturers
     should develop one.

 3.   Black and Decker suggested deletion of
     comparative acoustic rating information.

 4.   Recommended that company name, company
     location, and model number not be required
     on label if they appear elsewhere on the product
     -578
Haywood Clark Smith
1.  Complained about the "waste of taxpayer's money*
    on various EPA programs.
    •579
Claude A. Frazier, M.D.
1.   Expressed support for labeling program, noting its
     value for persons with small children, nervous
     disorders, or sick people in the house.

2.   Referred to article in Ashevitte Citizen and
     requested reprints on Noise Pollution.
                                     325

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Docket Number, Name,
    Affiliation

77-8-580
M. P. Nevotti
                Comments

1.    Suggested noise standards for motors on appliances,
     fans, and the baffles on florescent lights.

2.    Stated that home has become noisy and that
     emphases on costs and "miniaturization" have
     brought about a noisy environment

3.    Complained especially about products which
     do not operate for short periods of time (e.g.,
     refrigerators, air conditioners, and furnace fans).
     -581
Nora Priest
1.   Complained about noise emitted by neighbors' air
     conditioners and expressed support for meaningful
     noise control in this area.
     -582
Mrs. Helen M. Butter
1.   Complained about noise emitted by tools used
     by gardeners.
     •583
Illegible
1.   Expressed concern about the noise level of
     mufflers.

2.   Indicated that she thought the program was
     a waste of time.
     -584
Enid M. Johnson
1.   Expressed support for efforts to reduce the noise
     level of household appliances.

2.   Argued that mandatory labeling would result in
     long-run noise reduction because of competition.
     -585
Edward I. Wolf
1.   Expressed support for the labeling program.

2.   Expressed support for using decibels for the
     noise level rating.
                                    326

-------
Docket Number, Name,
    Affiliation

77-8-586
Anonymous
                  Comments

1.   Stated that noise was painful for many persons.

2.   Expressed support for labeling products.
     -587
Don W. Robinson
1.   Suggested terminating the noise labeling and
     regulation programs.

2.   Expressed objections to federal interference
     in the life of the individual.

3.   Enclosed a copy of an article which argues
     against noise labeling.
     -588
Anonymous
1.   Expressed support for the labeling program.

2.   Stated that noise levels are excessive and can
     be eliminated.
     -589
Whirlpool Corporation
1.   Indicated a shared concern with EPA about the
     potential damage caused by noise.

2.   Urged EPA to research the effects of noise in
     the home as well as the economic costs of labeling
     to consumers and manufacturers.

3.   Indicated that the marketplace will adequately
     dictate the manufacturer's responses to the needs
     of the consumer.

4.   Questioned the lack of hard data on the adverse
     impact of home noise levels.

5.   Noted the consumer's belief that sound
     and properly functioning equipment are equated.

6.   Observed that both dishwashers and vacuum cleaners
     fall well below (65 to 67 dBA) the OSHA standard
     of90dBA.
                                    327

-------
Docket Number, Name,
   Affiliation

77-8-589 (Continued)
                  Comments

7.   Emphasized the short duration of use of
     dishwashers (1.14 times per day) and vacuum
     cleaners (1 hour per week).

8.   Noted that the consumer can choose when he
     wishes to run an appliance.

9.   Held that the welfare of a consumer is best
     protected by his own logical, discretionary use
     of appliances.

10.  Expressed concern with the plethora of labeling
     programs and with the government's abflity to
     coordinate and prioritize the total labeling effort.

11.  Maintained that the cost of a labeling program
     may negate any value the label would have as a
     purchase variable.

12.  Included several early cost estimates, stressing
     the large cost of retooling production facilities.

13.  Mentioned a consumer survey done by Better
     Homes and Gardens in which "noise was ranked
     seventh out often product priorities.  Product
     durability, less costly repairs, energy efficiency,
     price, ease of cleaning and easier operation were
     ranked ahead of noise."

14.  Suggested EPA recommend the inclusion of sound
     information hi the manufacturer's Use and Care
     Guides.  Such information would increase con-
     sumer awareness of noise.

15.  Indicated that their toll-free phone line had
     received few calls about normal product
     noise.
                                      328

-------
Docket Number, Name,
   Affiliation

77-8-590
Roderick T. Dwyer
Director of Government Relations
Outdoor Power Equipment
  Institute (OPEI)
                Comments

1.   OPEI preferred a mandatory federal labeling
     standard to a mandatory noise level standard
     for lawn and garden equipment, though
     they still have criticisms of the proposed program.

2.   OPEI objected to use of "public attitudes" as
     product selection criteria.

3.   Criticized issuance of general provisions before
     product-specific regulations, since both must
     be considered in tandem.

4.   Suggested that manufacturers be allowed to
     test products at either EPA-designated test
     facilities or their own facilities (if certified by
     EPA). Otherwise there will be excessive dupli-
     cation, since manufacturers will still perform
     their own tests.

5.   Suggested use of Section 8 of ANSI B71.1 Safety
     Standard as test methodology for lawnmowers.
     OPEI recommends that EPA either adopt an
     existing, well-accepted standard or develop simple
     test procedures acceptable on an international
     basis.

6.   Concerned that EPA's economic analyses will not
     extend to the impact of the regulations on the
     marketplace or, possibly to the costs of recordkeeping.

7.   Emphasized the need for EPA to look at labeling
     programs which may be in conflict with noise
     labeling.

8.   Strongly suggested use of the  dBA for testing and
     rating system.

9.   Recommended that label or brochure contain
     information about test methodology.
                                      329

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-590 (Continued)
10.  Mentioned problems of labeling lawn and
    garden tractors (which have various attachments
    and variable speeds) and simulating realistic test
    environment. Other test methods include SAE
    XJ11-74 and SAE XJ11-75.

11.  Raised questions about the feasibility of Com-
    parative Acoustic Rating Range, though OPEI
    thinks it is a good concept.

12.  Commented on need for aggressive consumer
    education campaign and suggested provision
    of additional data on a hang-tag.

13.  Criticized requirements pertaining to testing
    exemptions for products not meant for general
    sale.

14.   Indicated that there should be a reasonable margin
    for error in individual product compliance with
    noise rating.

15.  Criticized severely the requirement that label
    verification be based on product samples. OPEI
    noted that this procedure would force delays
    in assembly and packaging of production units
    until  testing and label production was completed.

16.  Suggested that the "cease to distribute" provision
    be deleted. OPEI does not believe the Noise
    Control Act gives such authority to the Adminis-
    trator.

17.  Recommended periodic internal evaluation of
    the program as to its effectiveness in changing
    consumer behavior.
                                     330

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 Docket Number, Name,
    Affiliation

 77-8-591
 C. F. Newburg
 Chairman, Government Affairs
   Committee
 National Association of Truck
   Stop Operators
                   Comments

 1.   Expressed opposition to the labeling program,
     which represents an infringement on freedom
     of choice.

 2.   Complained that sections of the proposed regu-
     lations are directed at retailers (e.g., truck stop
     operators), who should not be responsible for
     the acts of manufacturers. He mentioned that
     retailers should not be responsible for labels
     damaged in transit.
     -592
Sidney J. Flock
 1.   Expressed opposition to labeling program as a
     waste of tax dollars.
     -593
Mrs. Susan Alperin
1.   Expressed support for labeling program and
     mentioned a lawnmower, hairblower, blender,
     vacuum cleaner, dishwasher, and motorcycles as
     major noise offenders.
     -594
Mrs. C. L. Mercer
1.   Complained about noise emitted by freezer
     and fluorescent light fixture.
     -595
Walter Brukwinski
1.   Expressed support for labeling program as a
     means of permitting greater consumer choice in
     the marketplace.
    -596
Ruth Moses
1.    Expressed support for labeling program and noise
     abatement efforts.

2.    Commented on excessive noise level associated
     with a washing machine, barking dogs, stereos,
     and especially background music in public places.
                                     331

-------
Docket Number, Name,
    Affiliation

77-8-597
Elbert O. Schlotzhauer
                                       2.
                  Comments

    Though upset with the noise from aircraft,
    traffic, and power tools, he asserted that the
    labeling program is a waste of money because
    most people would still purchase the cheaper,
    but noisier product.

    Commented on the problems associated with
    a product requiring a new muffler.
     -598
James W. Butler
1.   Requested advice on what legal action he or
    EPA could take against the manufacturer of a
    tractor, which produces an excessive level
    of noise for the operator.
     -599
Constance M. Gibson
     •600
 Charles Painter
1.   Expressed support for labeling of household
     appliances and for direct noise abatement.

2.   Gave vacuum cleaner and mixer as examples
     of noisy products.

1.   Expressed support for a requirement that manu-
     facturers disclose information on product noise
     levels.
     •601
 Mrs. Forrest M. Sullivan
 1.   Expressed support for the labeling program,
     noting that the consumer would welcome the
     opportunity to make a choice based on product
     noise ratings.
     •602
 Mr. Evan A. Johnson
 (Remarks made in phone conversation
 with EPA's Noise Representative,
 Region II, as described by the latter.)
 1.   Stated that manufacturers should make noise
     measurement data available to the consumer..
     He cited his bad experience with a refrigerator.
                                       332

-------
Docket Number, Name,
     Affiliation

77-8-603
H. Bruce Prillaman
                Comments

1.    Expressed opposition to the labeling program
     because it will result in higher costs, will not be
     effective in changing consumer preferences, and
     is concerned with a problem that is compara-
     tively unimportant.
     -604
Margaret House
1.    Expressed strong support for the labeling program.

2.    Complained about the noise produced by a no-
     frost refrigerator and the difficulty of comparing
     the noise qualities of different models at the time
     of purchase.
     -605
Mars Gralia, D.Sc.
     Suggested that EPA require labeling on all products
     (but not specific noise level); that the measurement
     be taken where the noise is greatest and after 20
     percent of product's estimated life; and that EPA
     consider both air- and structure-borne noise.

     Expressed support for immediate implementation
     of a labeling program.
     -606
Miss S. Victoria Krusiewski
     Expressed interest in having quieter household
     appliances, especially vacuum cleaners, dish-
     washers, and blenders.
     -607
Martha Murdock
 1.   Complained about noise of television.
     -608
Kathleen C. Harrigan
 1.   Stated that labels on appliances would have detri-
     mental effects on the environment (due to use
     of paper, ink, etc.) without having compensatory
     benefit.

 2.   Suggested possibility of conveying information
     on packaging, warranty card, or existing label.
                                        333

-------
Docket Number, Name,
    Affiliation

77-8-609
Mrs. Charles Ladenberger
                Comments

1.    Expressed support for product noise labeling.

2.    Complained about noise emitted by refrigerator
     and failure of store to have demonstrator models
     in operation.
     -610
Larry J. Eriksson
Vice-President, Research
Nelson Industries, Inc.
1.    Submitted two reports that he authored:

     a.   Power or Pressure—A Discussion of Curren t
         Alternatives in Exhaust System Acoustic
         Evaluation;

     b.   Discussion of Proposed SAE Recommended
         Practice SJ1207, Measurement Procedure for
         Determination of Silencer Effectiveness in
         Reducing Engine Intake or Exhaust Sound
         Level.

2.    First paper (a) discussed various procedures for
     evaluation of exhaust system performance, con-
     sidered both analytical and experimental techniques,
     compared these approaches by using measurements
     on actual engine noise, and rank-ordered them on b
     basis of accuracy and cost.

     a.   Mr. Eriksson discussed different modes on
         approaches to rating mufflers-i.e., using
         the actual level of noise or the difference
         between silenced and unsilenced levels.

     b.   Mr. Eriksson emphasized the importance of
         determining whether sound  pressure or sound
         power offers a more meaningful measurement
         He suggested the sound power level, if the lo-
         cation of affected persons cannot be clearly
         delineated.

     c.   Mr. Eriksson mentioned various tradeoffs
         associated with the selection of a given tech-
         nique and said that final muffler evaluation
         usually demands an actual engine test
                                      334

-------
Docket Number, Name,
     Affiliation
              Comments
77-8-610 (Continued)
                                       3.
    d.   He ranked evaluation methods according to
         their accuracy as follows: (1) actual engine;
         (2) standard engine, (3) simulated source,
         (4) analytical model, and (5) parameter evalu-
         ation. The ranking based on costs, with the
         least costly first, was:  (1) parameter evaluation,
         (2) simulated source, (3) analytical model,
         (4) standard engine, and (5) actual engine.

    Second paper (b) outlined various considerations
    and limitations associated with the proposed SAE
    recommended practice XJ1207.  Two limitations
    are the "lack of a direct correlation to other overall
    pass-by tests" and the "lack of specification of the
    subjective quality of the exhaust or intake noise."
     -611
Roy W. Muth
Director of Technical Services
International Snowmobile Industry
  Association
1.   In this statement, Mr. Muth expanded on his
     remarks given orally at the Washington hearings
     and provided information in response to requests
     from EPA panel members.

2.   Acknowledged that at the present time ISIA does
     not inform the consumer of the sound levels at
     the operator's ear.

3.   Stated that because of anti-trust constraints, ISIA
     does not become involved in manufacturers'
     warranty programs.

4.   Mentioned other enclosures submitted into the
     record which describe the field audit performed
     by the independent test laboratory for the
     purpose of assessing safety standards of snow-
     mobiles. Manufacturers in the SSCC safety
     standards program must test every model pro-
     duced every year.
                                     335

-------
Docket Number, Name,
   Affiliation
             Comments
77-8-611 (Continued)
    Asserted that no information was available
    on the costs of snowmobile sound level test.

    Enclosed a paper explaining the snowmobile
    industry's voluntary sound emission labeling
    program and several problems affecting snow-
    mobile labeling.

    a.   Noted that most 1977 snowmobiles have
         a noise level falling within a 6 dBA margin
         of error around the maximum emission
         level of 78 dBA.

    b.   Expressed opposition to the range information.

    c.   Said that six of the seven manufacturers of
         snowmobiles producing mere than 500 units
         annually have agreed to participate in the
         voluntary program.

    d.   Outlined the procedures followed by the
         independent testing company responsible
         for auditing and monitoring.
         •612
A. F. Barber, Jr.
Town Office Supply
Hendersonville, North Carolina
1.   Complained about noise produced by the business
    and household appliances which his company
    handles.

2.   Expressed support for whatever action is needed
    to correct these conditions.
         -613
Joyce Pacer -
1.    Expressed support for labeling program.

2.    Complained about noise emitted by vacuum
     cleaners, lawnmowers, trucks, and mixers.

3.    Commented on health hazards presented by
     noise-makers in the work place.
                                         336

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-614
Pete Sirois
     Expressed opposition to labeling program, and
     in particular to the labeling of shop tools which
     he uses in his occupation.  He complained that
     the program would raise the costs of these
     tools.
     -615
Patricia H. Robinson
     Mentioned various noise complaints:  (1) military
     aircraft from Subic Bay Naval Base; (2) construction
     noise; (3) noise in military exchanges; and
     (4) motorcycle and automobile noise.

     Requested information about noise regulations
     for exchanges, about controls on cars and motor-
     cycles, and regulations pertaining to noise at
     Subic Bay.
     -616
Illegible
1.    Complained about noise of refrigerator.
     -617
Peggy W. Norris
1.   Expressed support for the labeling program.

2.   Mentioned that she would use the information
     to "comparison shop."

3.   Suggested that some way was needed to describe
     the high-pitched noise made by televisions.
     -618
Ms. Areta Powell
1.    Complained about noise emitted by frost-free
     refrigerator plus the fact that she was not
     informed of the product's annoying noise
     emission properties by the salesman.
     -619
Edith Mitchell
1.    Expressed support for the labeling program,
     since there is no way to test products before they
     are purchased.
                                         337

-------
Docket Number, Name,
    Affiliation

77-8-619 (Continued)
     -620
Mrs. J. C. Brown
                   Comments

2.   Suggested including on the label the decibel
     level as well as certain frequencies such as the
     starting and stopping frequency in the case of
     refrigerators.

3.   Mentioned her noisy refrigerator.

1.   Complained about the noise of her washer
     and refrigerator and her central air
     conditioner.
     -621
E. Bruce Butler
Attorney
     Argued that the proposed standard creates
     unnecessary confusion and difficult procedural
     issues when implemented for a particular product,
     since it neither applies to a specific product nor
     is necessarily appropriate to all products.

     Further argued that the noise regulations are
     useless because each product must be con-
     sidered individually in terms of its noise charac-
     teristics, testing procedures and labeling suscepti-
     bility.

     Noted labeling difficulties in the instance where
     an engine is manufactured separately from the
     rest of a product.

     Noted the absence of generally accepted noise
     standards for some products.

     Suggested the inclusion of noise information on
     hang-tags or in the owner's manual in those
     instances where many labels are already on a
     product.

     Urged the use of cost-benefit analysis, weighing
     the cost of testing and labeling a product against
     the consumer's desire for noise information.

     Stressed the need to examine individual products
     according to the nature of the product, the
     existing testing procedures, and the existing
     labeling requirement.
                                        338

-------
Docket Number, Name,
    Affiliation
                   Comments
77-8-622
E. G. Ratering, Director
Vehicular Noise Control
General Motors Corporation
1.   Held that EPA is exceeding its authority in the
     proposed Noise Labeling Standards and wanted its
     general comments considered in future product-
     specific rule-making action.

2.   Noted that specific products must be chosen
     according to the designated criterion before
     the noise labeling requirements are established.

3.   Stated that labeling requirements cannot be
     established for the purpose of consumer
     information unless limited to products capable
     of adversely affecting public health or welfare.

4,   Suggested that labeling will increase cost, which
     will ultimately be absorbed by the consumer.
     Made specific suggestions to keep costs down.

5.   Expressed concern about labels required by other
     programs.

6.   Held that Sec. 211.1.9, inspection and monitoring,
     and Sec. 211.1.1 l(a)(l), testing, exceed EPA's
     statutory authority and violate constitutional
     principles.

7.   Made specific suggestions for clarification of
     Sec. 211.1.10-3(c) on export exemptions.

8.   Indicated that Sec. 211.1.9(f)( 1) and Sec.
     211.1.1 l(b)(2) which concern the EPA's
     authority to issue "cease distribution" orders
     are in conflict with Sec. 1 l(d)(l) of the
     original Act.

9.   Insisted that  products be selected  on the basis
     of actual sound level data and not according to
     annoyance levels as expressed in comments for
     the public docket.

10.  Noted the difficulties involved in selecting a label
     format  prior to selection of a product and  selection
     of the significant information for that product.
                                        339

-------
 Docket Number, Name,
    Affiliation
                   Comments
 77-8-622 (Continued)
11.  Made specific recommendations for the label
     regarding format color, contrast, and type.

12.  Referred to specific problems the consumer might
     have in understanding the noise range on the label,
     arguing that information is needed to give
     meaning to the range.
     -623
Frank £. Mclaughlin
Acting Director
Office of Consumer Affairs
DHEW
2.
                                        3.
                                       4.
                                        5.
                                       6.
Expressed support for the noise labeling and
regulatory program with qualifications.

Suggested use of a pilot program to help determine
the degree to which price is affected by the regula-
tions, allowing the costs and benefits to be
evaluated.

Criticized the model label in terms of two compo-
nents: the acoustic rating descriptor and the
comparative acoustic rating information.

Stressed the necessity for additional acoustic
information on the label to facilitate comparisons,
such as a color coded system.

Suggested including not only the range of informa-
tion, but the average value for products of that type.

Urged the development of a consumer information
program consisting of radio and television spots,
magazine feature articles, and brochures so that
explanatory information is widely available.
     -624
Igor Kamlukin
Vice President
Environmental Product Engineering
Briggs and Stratton Corporation
    Expressed support for a voluntary labeling program,
    which would establish consumer interest, allow
    operation of the market mechanism with a minimum
    of disruption and keep costs and government involve-
    ment to a minimum.

    Argued that manufacturers would report noise
    ratings as accurately as other product information.
                                       340

-------
Docket Number, Name,
   Affiliation

77-8-624 (Continued)
                     Comments

3.   Urged EPA to establish and standardize a method
     of measuring, rating and reporting the noise of a
     product.

4.   Suggested that noise reduction should be achieved
     with minimal government involvement and minimal
     cost to the consumer.
     -625
A. K. Forbes
Pilemaster Manager
Terresearch Limited
Foundation Engineers and Contractors
     Brought to EPA's attention their Pilemaster
     Machine which, according to the enclosed article,
     has only a 62 dBA noise level.

     Included several articles on the machine as well as
     a series of dBA measurements under construction
     and nonconstruction conditions.
     -626
George Mosher
President
National Business Furniture
1.   Expressed support for the EPA's noise control
     program.

2.   Argued that consumers are willing to pay for
     noise control.

3.   Stated that quiet can be related to a positive per-
     ception of a product, as it has been in cars.

4.   Complained about car mufflers, vacuum cleaners
     and lawnmowers as sources of noise.
     -627
Gerald A. Stangl, Ph.D.
Design Engineer
The Charles Machine Works, Inc.
1.   Suggested that EPA consider labeling in lieu of
     regulation where possible, allowing the market
     to operate to reduce noise.

2.   Urged the development and use of a common de-
     scriptor and rating scheme.

3.   Suggested the use of a multi-sided average of sound
     pressure rating at a particular distance and operating
     mode for mobile outdoor equipment.
                                       341

-------
Docket Number, Name,
    Affiliation

77-8-627 (Continued)
                Comments

4.   Indicated that EPA's access to manufacturers'
     facilities should be restricted to those areas
     relevant to the specific investigation.

5.   Urged that the areas to be investigated by EPA be
     identified in writing prior to the specified time
     period.

6.   Recommended against specification of character style.

7.   Emphasized that the Noise Control Act of 1972 does
     not give EPA the authority to require a product
     recall even if a product does not comply with the
     standard.
     -628
Miss B. L. Duncan
1.   Stated that amplified record players, guitars and
     "rock" music create more noise than household
     appliances.

2.   Stated the city officials do nothing about this problem.
     -629
Guenther Baumgart
President
Association of Home Appliance
   Manufacturers
1.    Indicated that the noise labeling of home appliances
     is inappropriate and unnecessary, as shown by the
     data reported in the Title IV report.

2.    Suggested that the EPA use the Title IV rcport-
     "Report to the President and Congress on Noise*'
     (Doc. No. 92-63,92nd Congress, 2nd Session,
     Feb., 1972)-to assist in product selection.

3.    Doubted if Section 8 gave EPA the authority to
     require labeling on a product which might consti-
     tute a hazard to hearing only when considered
     "in the context of cumulative exposure"-a vague
     phase.

4.    Included Table 2-19. of the above-mentioned report,
     which divides home appliances into categories
     according to the effects of their noise levels and
     the average conditions  of exposure.
                                       342

-------
Docket Number, Name,
   Affiliation
                     Comments
77-8-629 (Continued)
5.   Indicated that home appliances are different than
     sources of community noise because they are
     operated at the discretion of family members and
     are products that must meet consumer acceptance.

6.   Observed that only 3 percent of the complaints
     received by the Major Appliance Consumer Action
     Panel in 1976 concerned noise.

7.   Maintained that noise labeling may detract from
     more important labels involving safety precautions
     and energy.

8.   Emphasized the importance of a study of market
     place effects, since the labeling program could have
     a significant impact on certain manufacturers.
     These costs include the tax dollars spent on
     program administration.

9.   Cautioned against the use of comparative acoustic
     rating information, because of problems with up-
     dating data and because there is the problem of
     different product capacities within the same product
     class.

10.  AHAM suggested EPA publish a detailed document
     specifying what information was used in deciding
     upon products for labeling and describing the
     rationale behind the final decision.

11.  Held that EPA has not shown that noise
     from household appliances adversely affects the
     public health or welfare-a necessary determination
     before labeling action is taken.

12.  Suggested using the brand name reseller's name
     on the label (Sec. 211.1.4(d)).

13.  Stressed the need for interagency  coordination of
     labeling programs. (211.1.5).
                                          343

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-629 (Continued)
     -630
E. J. Halter
Chairman
Industrial Silencer Manufacturers
   Association (ISMA)
14. Suggested a longer period of notice before EPA
    could inspect factory facilities, because of likely
    disruptions (Sec. 211.1.9(b), (e)).

15. Argued that only the finished product should be
    photographed and  inspected by EPA to determine
    compliance (Sec. 211.1.9(c)( 1 )(iv)).

16. Argued that the manufacturers should not be liable
    "for the expense of investigation" by EPA of test
    methods employed by the facility (Sec. 211.1.9(c)(2)).

17. Expressed concern about EPA's authority to prescribe
    where a manufacturing plant is located (211.1.9(3)).
    i
18. Objected to the exemption of products used for
    market promotion and demonstration, unless pro-
    visions are developed which insure truth in adver-
    tising (Sec. 211.1 10-1(0).

19. Stated that the Administrator should be required
    to give the manufacturer sufficient advance.
    notice of the decision to require that a product be
    submitted  to EPA or that it be tested at the manu-
    facturer's facility.  (Sec. 211.1.11 (a)( 1), (2))

20. Suggested EPA should give advance warning of
    products chosen for labeling and should utilize
    measurement methods already available. Sufficient
    leadtimes should be granted for manufacturer's
    compliance with the regulation.

1.  Described  ISMA's  efforts in developing industrial
    silencers test procedures.

2.  Enclosed a publicity release describing ISMA
    and a copy of a journal article on their recipro-
    cating engine silencer test procedures.
                                           344

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Docket Number, Name,
    Affiliation
                  Comments
77-8-631
William L. Krentz
Director, Public Affairs
Owens-Corning Fiberglass Corporation
1.   Owens Corning commented with respect to its
     glass fiber sound control materials that it has
     undertaken extensive testing of the sound abate-
     ment properties of these materials.

2.   Owens Corning suggested that private sector
     laboratories be accredited by EPA to carry out
     needed testing under the program.

3.   Cited its participation in a voluntary testing facility
     accreditation program offered by the Department
     of Commerce through the National Bureau of
     Standards.

4.   Urged EPA to focus on noise-labeling of finished
     systems rather than individual materials.

5.   Noted that a single noise descriptor is meaningless
     without having information on the mounting
     method and construction technique of the test
     also on the label.

6.   Suggested close consultation by EPA with the
     National Bureau of Standards regarding the devel-
     opment of rating schemes and test methodologies.

7.   Reiterated its desire for EPA to consider the total
     system including installation technique, in noise-
     labeling its products.

8.   Endorsed EPA's citation of ANSI standards
     and commended ASTM as a source for measurement
     methodologies.

9.   Noted the complexity of the available noise reduc-
     tion descriptors, contended that the average pur-
     chaser could not judge the significance pf ratings
     such as the noise reduction coefficient, the sound
     transmission class, or the noise isolation  class.
                                           345

-------
Docket Number, Name,
    Affiliation
                   Comments
77-8-632
Mr. and Mrs. D. W. Pfeifer
1.   Objected to motorcycle noise and increased
     volume in TV commercials.
     -633
W. C. Painter, Manager
Product Safety and Certification
Rockwell International Power Tool
  Division
1.    Expressed the opinion that product noise reduction
     could be accomplished only at the loss of other
     valued performance parameters, i.e., energy
     efficiency, cost, weight, productivity, international
     marketability, rendering the focus on noise counter-
     productive and wasteful.

2.    Considered the noise range deficient because of
     difficulties in policing and in taking account of new
     products.

3.    Expressed doubt about the legality of the proposed
     EPA entry for inspection of facilities and of the
     requirement for shipping products to a central test
     facility.

4.    Expressed opposition to the program as misdirected
     and unjustifiable in light of its likely effect on other
     characteristics of products.
     -634
Caroline Jenclowski (?)
1.   Expressed support for the program, desiring
     reliable information on the noise characteristics
     of products she buys.
     -635
Miss Marjorie L. Coates
I.   Expressed concern over the noise from electric
     table fans, window air conditioners, stove fans
     and forced air gas furnaces.

2.   Wanted information on the noise levels and other
     properties of portable non-window unit air
     conditioners.
                                          346

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-636
E. Linn
1.   Expressed support for the program as an excellent
    idea long overdue, citing noisy vacuum cleaners
    and air conditioners.
     -637
Anthony O. Cortese, Sc.D.
Director, Division of Air and Hazardous
  Materials
Commonwealth of Massachusetts
    Expressed support for noise labeling because it would
    provide needed data for the state's noise regulatory
    program. It would form a basis for comparison, and
    it would provide an incentive for production of
    quieter equipment.

    Suggested the noise labeling of transformers, air
    compressors, cooling towers, mufflers, domestic
    and commercial air conditioners.

    Expressed the opinion that the states should retain
    the jurisdiction over regulation of noise-emitting
    equipment while the Federal government should
    handle labeling and emission standards.
     -638
Mrs. Robert G. Rinehart
1.    Discussed difficulties in shopping for a refrigerator
     on the basis of noise levels and duration of motor
     operation resulting in the purchase of a unit which
     ran 80 percent of the time.

2.    Suggested that a label indicating running time of a
     refrigerator would be more informative than one in
     decibels or kilowatts.
     -639
R. H. Alexander
     Suggested that EPA's efforts be directed at abate-
     ment of the amplified public noise of modern music
     instead of labeling appliances.

     Expressed opposition to the program, which will
     increase product costs.
                                          347

-------
Docket Number, Name,
    Affiliation
            Comments
77-8-640
Joan L. Mills
Called for noise abatement or labeling of motors,
including those in dishwashers, clothes washers,
dryers and inside and outside air conditioners.
     -641
Michael G. Garland, Manager
Technical Services Department
The Celotex Corporation
Celotex, a manufacturer of acoustic celing products,
expressed opposition to EPA labeling of acoustic
tile because: (a) the acoustic tile marketed today
are in compliance with the 1972 Noice Control
Act in providing noise rating information (NRC)
as shown in attached labels,  (b) Any new
descriptor would be confusing in the light of accepted
usage of the NRC and STC, and a single number
descriptor would be misleading.
     -642
Everett A. Plaster
Expressed concern over noise from his refri-
gerator and dishwasher.
     -643
W. G. Schwieder
Ford Motor Company
Included text of Washington Hearing statement
and corrected transcript.

In supplementing previous comments, included
its initial and reply briefs for Ford Motor Company
v. Environmental Protection Agency, docket No.
76-1582, in reference to the inspection and monitoring
provisions.

Suggested a revision to Sec. 211.1.10-1, to allow
an automatic one-year exemption in the event the
Administrator fails to respond within fifteen working
days.

Suggested that Sec. 211.1.10-3, paragraph c be revised
to eliminate  automatic retroactive rescission for
an export exemption breach.
                                        348

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-643 (Continued)
5.    Suggested that Sec. 211.1.11 be revised to
     reasonably limit the Administrator's discretion
     to require manufacturers' to provide products
     for testing, in keeping with a compromise
     reached in the truck litigation; that the manu-
     facturer be allowed to observe EPA testing, that
     paragraph b allow the manufacturer to contest
     an adverse EPA determination on its test facilities,
     and that a "cease" order be based only on a finding
     of necessity for protection of the public health and
     welfare.
                                       6.   Indicated that Section 8 of the Noise Control
                                            Act applies only to new products, based on legal
                                            interpretation of the Act's wording and analysis
                                            of its legislative history.
     -644
John M. Cowart
 1.   Commented on excessive noise produced by
     motorcycles, powerboats and furnace fans.

 2. *  Expressed support for noise abatement.
     -645
 Debro Saltzman
 1.   Ms. Saltzman, a teacher of the deaf, stated that'
     the noise of household appliances is both
     annoying and damaging to the ear.

 2.   She asked EPA to cite the negative effects of
     noise from vacuum cleaners, dishwashers, and
     blenders in  the standards or regulations promulgated.
     •646
 Peggy Jenkin
 1.   Expressed interest in noise reduction in the
     home and commented on the loud noise emitted
     by a grinder/salad maker and a vacuum cleaner.
                                        349

-------
Docket Number, Name,
    Affiliation
                Comments
77-8-647
Michael W. Blanck
Manager, Acoustical Division
Kodaras Acoustical Laboratories
Division of Electrical Testing
  Laboratories, Inc.
1.   While praising EPA's effort, ETL believes such
     a program is best undertaken in the private
     sector.  Mr. Blanck referred to ARI's voluntary pro-
     gram as a model for EPA to follow.

2.   Asked: "Who will make the decision as to the
     acceptability of a laboratory and what criterion
     will be used in determining this?"

3.   Recommended National Voluntary Laboratory
     Accreditation Program (Federal Register, Vol. 41,
     pp. 8163-68, 2/25/76) and ASTM  Standard E548
     Recommended Practice for Generic Criteria as
     methods of evaluating testing agencies.

4.   Suggested use of consensus standards for testing
     purposes (i.e. ANSI and ASTM). Specific
     product regulations should reference standards
     but not cite them as federal standards, so that
     they can be kept current

5.   Expressed concern about labeling a product
     whose acoustical performance is dependent
     upon its installation and can vary significantly,
     i.e., gypsum board.
     -648
Fred Tabacchi
President and Chief Operating Officer
The Hoover Company
North Canton, Ohio
1.   The Hoover Company criticized EPA's publishing
     a list of appliances considered for labeling,
     when it has not yet been established that they
     emit noise capable of adversely affecting the
     public health and welfare.

2.   The Hoover Company felt that vacuum cleaners
     and clothes washers cannot be shown to adversely
     affect public health and welfare. In sum, they
     believe "the EPA is vastly exceeding its authority
     to require noise labeling on products that emit
     noise which is merely occasionally annoying."
                                           350

-------
Docket Number, Name,
    Affiliation

77-8-648 (Continued)
                  Comments

     Criticized the higher costs resulting from noise
     labeling and the proliferation of labels in general.

     Mentioned Hoover and ASTM surveys which demon-
     strate that noise receives very little consideration
     by prospective purchasers of vacuum cleaners,
     who are more concerned with durability, weight,
     cleaning ability, etc.
     -649
John L. Phillips
     Expressed support for the labeling program, which
     he regards as a weak, but politically feasible,
     alternative to mandatory emission limits.
     -650
Madeline Bolbol
1.   Complained about noise from kitchen range fan.
     •651
George P. Lamb, Jr.
General Counsel
Vacuum Cleaner Manufacturers
  Association (VCMA)
1.   VCMA expressed opposition to labeling vacuum
     cleaners.

2.   VCMA felt it is extremely difficult to devise
     a rational formula for selection of products for
     labeling. Mr. Lamb expressed concern that the noise
     made by vacuum cleaners, though extremely short
     in duration, might be viewed in isolation and deemed
     a justification for labeling in itself.

3.   VCMA does not feel that improper labeling of noise
     characteristics represents the kind of danger
     justifying inspections. Hie Association believes
     that the inspection and enforcement provisions-
     taken as a whole-are much "too harsh."

4.   Mr. Lamb indicated that the determination of whether
     or not a product "adversely affects the public health
     or welfare" is a decision which must be made
     through an orderly rulemaking proceeding.  (Reference
     is made to the Administrative Procedure Act, 42 U.S.C.
     Section 4905(c)(2) and 4907(b).) He asserted that the
     negative publicity given to vacuum cleaners in the
     public hearings could prejudice the outcome of these
     proceedings.
                                       351

-------
Docket Number, Name,
   Affiliation
              Comments
77-8-652
Ralph W. Van Demark
Executive Director
Automotive Exhaust Systems
  Manufacturers Committee
                                      6.
Speaking on behalf of an independent trade
association of automotive exhaust system manu-
facturers, he commented on some of the impli-
cations of the proposed general provisions for re-
placement exhaust systems.

Indicated that it was not feasible to develop
a single number or rating which could guide the
consumer in a meaningful manner, since there
are many complex variables relating to replacement
exhaust systems.

The major problem seemed to be that replacement
exhaust systems are designed to fit a number of
makes and models, so that nationwide distribution
is possible. The process of compromising physical
dimensions is termed "consolidation." He claimed
that a single noise rating was impossible since the
noise level resulting from a replacement system
would vary depending on which make and model
vehicle it was installed. A single number indicative
of the noise reduction capability of the muffler
would not surmount the problem of confusing
the consumer, because a muffler would still be
noisier on one vehicle than on another due to make
and model differences.

Finally, he maintained that muffler labeling could
not proceed until a test procedure for deter-
mining a noise reduction rating was developed and
agreed upon.

Expressed support, however, for regulation of
excessive noise.

Submitted copy -of AESMCs Recommended Sound
Level Standard and Measurement Procedure for
Vehicle Exhaust Noise.
                                        352

-------
Docket Number, Name,
   Affiliation
                    Comments
77-8-653
Ms. Patricia H. Robinson

    -654
Mrs. Earl 8. Hampton
1.   Expressed support for labeling program and
    general noise abatement.

1.   Expressed support for labeling program, or any
    other means of identifying, measuring, or
    "quieting" various appliances.

2.   Complained about a noisy refrigerator.
    -655
Theodore J. Fister
1.   Expressed opposition to labeling program.
     •656
Lucy D. Strickland
1.  Commented on the excessive noise emitted by a
    refrigerator.
    -657.
Gene Boyce
1.   Complained about noise produced by a refrigerator.
    -658
Gordon Tapper
1.   Listed noisy products: heavy trucks, tires, motor-
     cycles, dune buggies, lawnmowers, other garden
     equipment, refrigerators, washing machines, auto-
     mobiles, and buses.
     -659
Mrs. Gerald N. Plotkin
1.    Expressed support for the labeling program, which
     will permit comparison shopping.

2.    Commented on excessive noise produced by a
     vacuum cleaner, electric drills, and blenders.

3.    Stated that noise was the first factor he considered
     when shopping for a vacuum cleaner.
                                       353

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-660
Richard H. Lincoln
Manager, Environmental Engineering
Outboard Marine Corporation
     Expressed opposition to labeling program, because
     consumers will not use the information on the
     label but will continue to purchase items on the
     basis of brand names.

     Criticized promulgation of general labeling pro-
     visions before product-specific regulations.
     When the need to label has been established, then
     regulations should be developed which deal only
     with that product—and which are not preceded
     by more general provisions.

     If EPA decides to label products, even though
     there is no need to do so, only the end product
     should be labeled and not the components.

     Emphasized the importance of an understandable
     rating scheme but criticized dBA, Leq, and a
     "1 to 5" scale (which would not encourage noise
     reduction for products rated with a "1").

     Felt that EPA was not giving enough atten-
     tion to costs, which he calculated to be about
     $11,000 per year, and that his marketing research
     demonstrated a lack of public concern about noise.
     -661
Steven K. Allsbruck
1.    Expressed support for labeling program but hoped
     it would be more accurate and understandable
     than EPA's gas mileage ratings.
     -662
Vico E. Henriques
Computer and Business Equipment
  Manufacturers Association
1.    Recommended the A-weighted sound power level,
     re 1 picowatt, of the product as the best acoustic
     rating descriptor.

2.    Emphasized the importance of using and/or de-
     veloping standardized test procedures.

3.    Opposed comparative acoustic ratings because in
     some cases products within a class do not have
     identical functional characteristics and because of
     the problem of updating the range data.
                                       354

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-662 (Continued)
4.   Suggested the need for other information on the
     label such as the test procedures used and the
     installation conditions conducive to less noise.
     Since the label will net-contain much additional
     information, he suggested making this data part
     of the public record and having a reference to it
     on the label.
     -663
Donna McCord Dickman, Ph.D.
Program Manager
Areawide Environmental Noise Program
Health and Environmental Protection
Metropolitan Washington Council of
  Governments
1.   In response to a request for information from
     EPA officials at the Washington Hearing, she
     reported that the Noise Technical Committee recom-
     mended the following products for labeling:  small
     appliances used around the face, powered gardening
     tools, home workshop tools, and kitchen appliances.

2.   Recommended a published list of product noise
     ratings as a means of effectively publicizing the
     program. The lists would be developed for each
     product labeled and would also contain the names
     of manufacturers.
     •664
Mrs. R. H. Pfluger
 1.   Expressed support for the labeling program.

 2.   Suggested requiring demonstrations of products in
     the store, so that consumers can hear the appliances
     in operation.

 3.   Complained about the noise produced by a dish-
     washer.
     -665
Arthur L. Herold
and James L. Wilson
Law Offices: Webster and Chamberlain
Counsel to the Power Tool Institute
Duplicate of 77-8-565
                                         355

-------
Docket Number, Name,
    Affiliation
                   Comments
77-8-666
Dr. G. L. Cluff
Director
Tri-Utility Hearing Conservation
   Program
(Insert into 77-5)
I.    Expressed support for labeling hearing protectors.

2.    Suggested that the "R" value associated with a
     particular hearing protector be used as the "single
     number" attenuation rating for that product.

3.    Based upon tests he has conducted with hearing
     protectors (data attached), he recommended that
     a negative per octave slope of about -6 to -12 dB be
     adopted as the standard slope for the determination
     of the "R" value. The slope of the noise spectra
     significantly affects the "R" value, and the above
     slope was chosen because it generally represents the
     worst performance of a personal hearing protector.
     -667
Dal D. Nesbitt
Mechanical Engineer
     -668
Bernard Balmer
1.   Expressed strong support for the program,
     wishing it were stronger and had come sooner.

2.   Noted difficulty as a mechanical engineer trying
     to design quieter products and being ordered by
     management not to invest funds on noise.

3.   Noted problem he  faced as a consumer, despite his
     experience in the field, in comparative shopping
     for quiet products.

1.   Expressed support for the program within "reason."

2.   Suggested labeling appliances and "noisy machines,"
     including those used in industry.
     -669
Mrs. E. Dale Petite
1.   Expressed support for appliance labeling or
     noise control, citing difficulties in purchasing a
     quiet refrigerator.,
                                         356

-------
Docket Number, Name,
    Affiliation
                  Comments
77-8-670
Eileene M. Young
1.   Expressed concern over noise from a refri-
    gerator, which runs too long with an irritating
    "hum."
     -671
David A. Kloepper
Service Engineering Manager
HILTI Fastening Systems, Inc.
1.   HILTI recommended that the "comparative
    acoustic rating" be deleted from the label because:
    (a) categories of products cannot be suitably desig-
    nated; (b) it will cause some consumers to ignore
    more important factors; (c) updating will pose
    difficulties for EPA; (d) the individual noise rating
    will suffice for consumer choice.

2.   Suggested use of the Noise Power Emission Level
    in bels under the ANSI Standard SI.23-1976 for
    the descriptor.

3.   Recommended that either manufacturer or distributor
    be identified on the label to ensure fairness.

4.   Expressed concern over usurpation of power by
    EPA in the enforcement provisions, including on-
    site inspection of facilities and production and
    testing requirements.

5.   Expressed the need for clarifying the circumstances
    for granting a testing exemption under 211.1.10-1 and
    suggested an automatic exemption for products so
    qualified.

6.   Objected to the concept of Section 8 as an improper
    function of a "government of free men" and because
    noise is of little importance to buyers.

7.   Formally requested EPA to (a) modify the Pro-
    posed Rules as suggested and (b) submit the objec-
    tions to the concept of the Noise Control Act to
    Congress.
                                       357

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-672
G. L. Teny
Vice President
Public Responsibility and Consumer
  Affairs
Chrysler Corporation
1.    Expressed the opinion that the Proposed Rules
     are a mockery of the intentions of Congress through
     a broad expansion of the powers to be exercised
     in most areas.

2.    Strongly objected to the program as "maximum
     Federal intrusion" and an over-broad interpretation
     of the Section 8 mandate.

3.    Expressed the opinion that labeling could not
     apply to products designated under Sections 5
     and 6, since these have been rendered safe by
     the mandatory standards.

4.    Expressed the opinion that "prospective user"
     should be used interchangeably with "ultimate pur-
     chaser," limiting the lifetime of the noise label to
     the time-of-sale.

5.    Stated that EPA lacked  the authority to require
     the comparative noise information, contending
     that it would be misleading, outdated and
     inaccurate.

6.    Indicated that EPA  lacked the authority for the
     proposed inspection, entry and enforcement pro-
     visions, citing the truck  noise litigation arguments,
     and wanted minimal EPA involvement under
     Section 8.
     -673
Marcus D. Maatalia
1.   Expressed concern over the excessively high
     noise level of two products, an electric drill
     and a dishwasher.
                                       358

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-674
Mrs. Pauline Wanker
    Expressed concern over noisy kitchen appliances,
    citing a dishwasher as especially noisy and
    disruptive of conversation and thought.
     -675
Frank J.  [illegible]
1.    Expressed concern over a noisy dishwasher
     which interferes with conversation.
     -676
Allan M. and Joyce G. Krell
1.    Urged EPA to do anything possible to reduce
     the noise levels of mechanical devices.
     -677
William G. Haley
1.    Expressed support for mandatory noise labeling
     of household appliances, but objected to Federal
     mandatory noise standards.

2.    Noted that labeling could lead to consumer compari-
     son and reduced noise levels through competition,
     endorsing dish- and clothes-washers for the program.

3.    Pointed out the complexity  of noise ratings,suggesting
     use of "perceived noise decibels" rather than just
     "decibel" units.
     -678
Alice G. Heinz
1.   Cited a noisy no-frost refrigerator and a
     noisy tank vacuum cleaner, both of which
     are disturbing.
     -679
Illegible
1.   Expressed support for the program as allowing
     consumer knowledge.

2.   Expressed concern over motorcycle noise and
     called for its abatement.
                                          359

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-680
C. Rodger Blyth
Technical Assistant
Research and Development
The Maytag Company
1.   Mr. Blyth (who attended the Cedar Rapids hearing)
     noted the noise reduction in the development of
     Maytag dishwashers over time.

2.   Explained Maytags efforts at lowering dishwasher
     noise, but noted the company will not participate
     in a voluntary labeling program run by AHAM.

3.   Expressed the opinion that noise labels win not
     improve consumer satisfaction since.it will provide
     a distorted picture of performance characteristics.

4.   Noted that dishwasher noise does not consitute a
     health hazard but rather an  annoyance.

5.   Expressed May tag's opposition to noise-labeling
     of dishwasher—which is viewed as misleading to
     consumers concerned with overall performance.
     -681
Unsigned
1.   Expressed opposition to the program as raising
     business costs, and suggested EPA turn to other
     matters.
     -682
Mrs. Joseph J. Doyle
1.   Expressed concern over the noise from a grill
     range fan.
     -683
Mrs. Joan Mundel
1.   Expressed support for the program as a first step
     in reducing noise levels, and wanted to know the
     resolution of the question of noise labeling.
     -684
Mrs. Marlin Knight
1.   Expressed support for the program, citing a
     refrigerator and a dishwasher as particularly
     noisy.
                                       360

-------
Docket Number, Name,
   Affiliation
                  Comments
77-8-685
Mr. and Mrs. Raymond Peeters,
Mr. Christopher Peeters, Miss Pamela
Peeters, and Mrs. Andrea Peeters Hunt
1.   Expressed support for the program, citing noisy
    refrigerators and freezers and the possibility of
    hearing impairment.
     -686
Helen (Mrs. Thomas) Moon
     Expressed concern over the noise from a
     refrigerator.
     -687L
Mrs. B. G. Perrin
    Complained about noise from
    refrigerators.
     -688L
Mrs. Geovanna Gesalti
    -689L
Charles M. Fisher
     -690L
Mrs. James C. Warren
1.   Complained about noise from his refrigerator,
    dishwasher, garbage disposal and heat pump,
    as well as motorcycles.

2.   Expressed support for a noise abatement program.

3.   Suggested manufacturers be required to advertise
    decibel levels emitted during product operation.

1.   Complained about noise from his refrigerator, dish-
    washer, garbage disposal and heat pump,
    as well as motorcycles.

2.   Expressed support for a noise abatement program.

3.   Suggested manufacturers be required to advertise deci-
    bel levels emitted during product operation.

1.   Expressed support for noise labeling program.
    -691L
Eva Shun Kwiler
1.    Complained that kitchen appliances are too loud.
     -692L
John S. Autry
Vice President and Director of
  Public Affairs
Johns-Manville Corporation
1.    Expressed approval for the intent of the EPA
     program, but suggested that EPA utilize the
     expertise provided by corporations such as theirs
     and by the National Bureau of Standards.
                                        361

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Docket Number, Name,
     Affiliation

77-8-692L (Continued)
                  Comments

    Recommended that industry laboratory facilities
    be used for testing purposes, that finished systems
    rather than individual components be considered in
    determining labeling requirements, and that a rating
    system utilizing more than one indicator be used.

    Suggested that EPA work closely with the
    industry in designing enforcement rules.
     -693L
Robert Kauffman
1.    Expressed support for noise labeling program.

2.    Complained about a rotary-action airless paint
     gun.
     -694L
William E. Leuchtenburg
Professor of History
Columbia University
1.   Complained about noise created by leaf blowers
    and leaf machines.
     -695L
Mrs. Edward L. Weimer
1.   Complained about noise and television interference
    from her refrigerator.
     -696L
R. Wood
1.   Complained of noise created by freezer.
     -697L
George M. Leanan, M.D.
     -698L
June Wooder
    Expressed opposition to the labeling program,
    specifically as applied to electrical appliances,
    because of excessive costs.

    Complained about noise from electric fans and
    air conditioners.
     -699L
Robert Hume
    Complained about noise made by his freezer
    which can only be reduced at considerable
    expense.

    Expressed support for regulation of noisy
    appliances.
                                       362

-------
Docket Number, Name,
    Affiliation

77-8-700L
Benedict G. Breitung

    -701L
Ira M. Edwards
Biology Storekeeper
Southern Oregon College
               Comments

1.   Complained of noise created by gas engine
    lawn mowers.

1.   Complained about noise and inefficiency of an
    incubator.
    -702L
Phyllis I. Lundquist
1.   Complained of noise made by her refrigerator.
     -703L
Alinda Heath
1.   Complained about noise made by her dishwasher
    and refrigerator

2.   Supported the noise labeling program.
     -704L
Marcella J. Nickerson
1.   Complained of noise made by her refrigerator,
    dishwasher, washing machine, dryer as well as
    other small appliances.

2.   Requested that some action be taken to reduce
    noise levels of appliances.
     -705L
Ross Buhrdorf
1.    Complained of noise created by lawnmowers,
     dishwashers and air conditioners.
     -706L
Robert Schneider
1.    Expressed support for the noise labeling program.

2.    Recommended that labels compare noise levels
     with those of commonly used "gadgets" as well
     as reporting decibel levels.
                                      363

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Docket Number, Name,
     Affiliation
                Comments
77-8-707L
John P. Reardon
Director of Government Affairs
Air Conditioning and Refrigeration
  Institute
1.    Submitted a Supplementary Statement on
     proposed noise labeling-general provisions.

2.    Expressed the opinion of ARI that with due
     consideration EPA need not identify unitary
     air-conditioners under either Section 5 or 8
     of the noise control act.

3.    ARI believed that it should be considered as a
     pioneer in the development of industry certifi-
     cation programs, obviating the need for EPA
     involvement.

4.    The ARI Sound Certification Program rating
     procedure is based upon an effective auditing by
     ARI and certification by manufacturers including
     a technically sound numbering system determined
     through a methodology acceptable to EPA.

5.    The ARI Sound Rating Number (SRN) descriptor
     is based upon a numerical single number rating
     classification scheme which serves as an accurate
     means to differentiate the noise emitted from
     similar pieces of equipment.

6.    The Sound Committee was concerned with subjec-
     tive noise levels so it developed a means of including
     a penalty for equipment that may have a pure
     tone at one or more one-third octave band levels.

7.    In ARI's opinion, the air-conditioning and refrigera-
     tion industry has an effective viable certification
     program that could be readily approved by EPA.

8.    Stated that, with additional public information by
     EPA and the industry, the current certification
     program voluntarily operated by the industry could
     become a viable tool for use by the individual con-
     sumer in comparative shopping and by noise enforce-
     ment officers in states and other municipalities (as
     has been done in Cerritos, California) that have noise
     ordinances.
                                        364

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Docket Number, Name,
     Affiliation
                  Comments
77-8-707L (Continued)
9.    Strongly suggested that the EPA give thorough
     consideration to using a variety of noise descriptors
     that may already be in effect for various products.

10.  Expressed the opinion of ARI that a limited variety
     of descriptors could be meaningful to the consumer
     because the consumer is sufficiently educated in
     his own area of concern to know the differences in
     the various descriptors.
     -708L
David Owens
1.    Suggested checking the frequency as well as the
     dB level on the Sunbeam Challenger vacuum cleaner.
     -709L
Sears, Roebuck and Co.
1.   Sears, Roebuck and Co. expressed the opinion that
     the noise labeling program should be used to provide
     the consumer with noise level data only on those
     products which could be detrimental to his or her
     health or welfare.

2,   Felt that "labeling appliances which do not produce
     noise levels which are detrimental would add undue
     burden to the manufacturer, inevitably increase the
     cost of the product to the consumer, create a negative
     image of the product to the consumer and yet provide
     no additional valuable information."

3.   Stated its belief that the "intent of Section 8 of
     the Noise Control Act of 1972 [should]  be complied
     with by objectively stating the product's noise level
     or its effectiveness in reducing noise as its 'sound
     rating' or 'sound reduction rating,'" because of the
     negative bias in the term "noise."

4.   Expressed concern over possible consumer confusion
     about the logarithmic dBA scale.

5.   Recommended that a method for comparative
     acoustical data or information which is fair to all
     manufacturers be established.
                                         365

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Docket Number, Name,
     Affiliation

77-8-709L (Continued)
                                       8.
           Comments

Suggested that EPA should use existing standards
for testing and rating appliances presently used by
the industry affected.

Believed that the overall effects of this program
will be to increase the cost of the product due to
the cost of the testing programs and the labeling
requirements.  This does not even include addi-
                                        i
tional cost resulting from governmental funds for
noise reduction programs.

Expressed the opinion that the label statement,
"Federal law prohibits removal of this label prior
to purchase," is unwarranted and may lead the
consumer into believing that other labels on the
product, such as the warning or warranty labels,
etc., may be removed at will since there is not a
prohibitionary statement on them.
     -71OL
Robert A. Heath
Director of Government and Consumer
  Affairs
Walker Manufacturing
The Walker Manufacturing Company expressed
agreement with the Agency's basic noise program.

Asserted that automotive parts are in a different
category than complete assemblies, such as
mixers or vacuum cleaners.

Encouraged a program that would operate under
statute limitations like the federal interstate truck
law.

For convenience and cost effectiveness to manu-
facturers and consumers, muffler designs on smaller
vehicles are consolidated which means that one
muffler can be used in many ways giving different
acoustical results.

Noted that consumers do not usually buy a brand
of an automotive part but rely on a repair shop to
select suitable products, making it more practical
to insist that these parts meet legal levels.
                                          366

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Docket Number, Name,
     Affiliation

77-8-710L (Continued)
                Comments

6.   The "running changes" made in parts during a
     model year also present a problem in determining
     which part, often with varying frequency ranges,
     should be considered the best or standard.

7.   To date, Walker has not  seen nor do they
     know of a practical bench test procedure.

8.   Stated that:  "In order to enact a practical con-
     sumer product noise labeling regulation (1) an
     informed population must exist which can make
     practical decisions from  either dB or relative
     noise levels, (2) the public would have to be ad-
     vised of a range and able to compare levels of all
     competitive products, (3) for an auto parts manu-
     facturer to know the noise level of his competition,
     all manufacturers would have to test all products-on
     all cars and installations-a formidable task, (4) com-
     petition among manufacturers to reduce  noise levels
     must be allowed to develop."

9.   Concluded that:  "A regulation presenting a noise
     level on the label of each automotive part for optional
     consumer choice, purchase and installation will have
     less effect in the automotive world than regulations
     to a statute level."
     -711L
Mrs. Brewster R. Heminway
 1.   Complained about "tree grinding equipment.'
     •712L
 Mrs. L. G. Glover, Jr.
 1.   Complained of noise caused by her vacuum,
     washer, and old-time cutting saws.
     -713L
 Wayne Marcus
 Technical Analyst
 Motorcycle Industry Council, Inc.
 1.   Recommended that the provision requiring "the
     range in noise ratings of other products of [the
     same] type** be deleted, because such notice
     exceeds authority in 1972 Act.
                                         367

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Docket Number, Name,
     Affiliation

77-8-713L (Continued)
                  Comments

2.   Regarding Section 211.1.9 (a) (Inspection and
     Monitoring) the word "properly" is undefined and
     superfluous; therefore, MIC urged its deletion
     from the provision.

3.   Suggested that "oral" be deleted from Section
     211.1.9 (b) in relation to notification, because it is
     subject to misinterpretation.

4.   A "Standards" requirement for the maintenance
     of records, not in the Act's requirement, is beyond
     the scope of the authority granted by the Act.
     Therefore, the wording of this provision (211.1.9
     (c)(l)) should be  changed, substituting "and" for "or."

5.   In Section 211.1.9(e) exception is again taken
     to oral notification  and it is recommended that
     entry without 24-hour notice should be avoided
     except in cases of blatant circumvention of the
     regulation.

6.   MIC felt that Section 211.1.10-1 (Testing Exemption)
     lacked clarity and should be reworded or that
     an explanation be developed.
     714L
Harold W. Wolf
1.   Complained of noise created by forced air circu-
     lation systems.
     -715L
Eliot Greb
1.   Suggested that EPA stay out of the noise abatement
     area completely, leaving it to the consumer to deter-
     mine which products are not acceptable regarding
     noise.
     -716L
Mrs. Ed Reynolds, Sr.
1.   Complained of noise made by her freezer and
     refrigerator.
     -717L
W. A. Hyland
1.   Suggested that noise level be numbered so that the
     higher the noise level, the noisier the product The
     numbering system could have some direct correla-
     tion to decibels.
                                      368

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Docket Number, Name,
     Affiliation
                  Comments
77-8-718L
Mrs. T. J. Brooks
 1.   Complained of noise made by her refrigerator.
     -719L
Howard Schwartz
     Complained of noise made by chain saws,
     motorcycles, hairdryers, electric razors and
     vacuum cleaners.

     Expressed support for Agency action directed
     at reducing product noise and labeling products
     for noise emissions.
     -720L
Rubin Helmin
1.   In a personal visit requested information on chain
     saw project.
     •721L
Karla L. Yeager
1.   Expressed support for the program, citing health
     concerns and suggesting standards for high decibel
     levels.
     -722L
Lucille (Mrs. Herman) Haarer
1.   Expressed concern over a noisy refrigerator and
     noted the purported availability of a $50 kit to
     abate the noise.

2.   Expressed cautious support for the program.
     -723L
Suzanne Badenhop
Department of Consumer Sciences
  and Retailing
1.   Reported findings of a survey of 150 women
     regarding importance of consumer information on
     labels for vacuum cleaners.

2.   Noted that only 24 percent of the sample con-
     sidered noise levels as important information for
     a label, ranking it 10th of 11 factors, while 30.7
     percent stated noise level information was not
     important, ranking it second out of 11 in least
     importance.

3.   Expressed the opinion that consumers accept
     noise as a "given" in vacuum cleaners, considering
     cleaning performance of much greater importance.
                                    369

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Docket Number, Name,
     Affiliation

77-8-724L
Julia A. Morse
                  Comments
1.   Requested any available information on noise labeling.
     725L
Mrs. Charles W. Disbrow, Jr.
L   Expressed opposition to the program as
    "bureaucratic nonsense."
     -726L
Janice F. Olson
1.   Urged that the labels should be easily understood
    and that an educational program on harmful noise
    effects be adopted as well.
     -727L
Delores Crozier
French Laboratory
1.   Expressed concern that, if inadequately policed,
     the program could lead to corruption to the
     advantage of large over small businesses.

2.   Noted that improper testing associated with the
     "government seal of approval" could have damaging
     effects on a small business.
     -728L
Allen Nelson
1.    Expressed interest in the issue of home appliance
     noise.

2.    Desired EPA response to the suggestion that
     garbage disposals have motor casings more
     resistant to noise.
     -729L
John P. Reardon
Director of Governmental Affairs
Air-Conditioning and Refrigeration
   Institute (ARI)
1.   Noted that EPA need not identify unitary air
     conditioners under either Section 5 or 8.

2.   Referring to an article by Mr. Elkins in the
     appliance manufacturer magazines, emphasized ARI's
     voluntary certification program using the SRN
     and a pure tone correction technique as a model
     industry voluntary program.

3.   Suggested that a number of descriptors might be
     used in different product classes, such as the
     SRN for unitary air conditioners, STC for construc-
     tion materials, NRC for sound absorbing construe*
     tion materials and dB(A) sound pressure at one
     meter for home consumer products.
                                       370

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Docket Number, Name,
   Affiliation
                    Comments
77-8-729 (Continued)
4.   Suggested that ARI's voluntary program could be
     an effective consumer shopping and local noise
     enforcement tool with public education by EPA.

5.   Suggested that EPA work with industry to provide
     guidance for voluntary noise programs, combined
     with public education by EPA.
     -730L
Caroline Pardoe
1.   Expressed support for the program as providing
     the opportunity to buy the least noisy appliance.
     -731L
Daniel Queen
Daniel Queen Associates
 1.   Requested the opportunity to clarify his oral
     testimony.

 2.   Restated earlier suggestion about maintaining
     reliance on logarithmic designators (decibels and
     bels), and reiterated his feeling that if given time,
     consumers will become accustomed to relating the
     designator to the stimulus.

 3.   Submitted a corrected version of his testimony
     given before the noise labeling hearings,
     September 16,1977.
     -732L
 Sherrie Sink
 1.   Complained of noise made by vacuum cleaner.
     -733L
Mrs. Betty Westlund
     -734L
 Patricia Moran
 1.   Complained about noise made by her vacuum
     cleaner.

 2.   Expressed support for noise labeling program.

 1.   Complained about excessive noise from stereos.

 2.   Expressed support for regulations which would
     reduce the noise made by stereos.
                                     371

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Docket Number, Name,
     Affiliation
                Comments
77-8-735L
Margaret Monji
1.    Complained about noise made by a wall type
     gas heater.
     -736L
Elizabeth Bottomly
1.    Complained about noise made by leaf blowers.
     -737L
Gordon L. Cluff, Ph.D.
Director, Tri-Utility Hearing
  Conservation Program
1.    Submitted report to substantiate recommendation
     that a single number rating system for personal
     hearing protectors be adopted.
     -738L
James W. Klimes
Product Safety Department
R. E. Anderson
Law Department
Deere and Company
1.
2.
                                       3.
                                       4.
Submitted responses to questions raised at the
noise labeling hearing, September 20, 1977, as
well as additions to testimony given at that time.

Expressed concern that the noise labeling
General Provisions Preamble may be written in
such a manner that it could later be used to direct
broader application of labeling requirements beyond
those cases where products are capable of adversely
affecting public health and welfare.

Expected that EPA would find it difficult to use
"public attitudes" as one of the "additional"
criteria listed on 42 FR 31723 (Column 1), since
public attitudes are constantly changing.

Expressed disbelief that public attitudes without
adequate factual support could act as the primary
stimulus for an EPA regulatory (labeling) action.

Expressed concern about the products listed as
"likely to be labeled" in the background document
for the General Provisions proposal. It reflects such
a broad interpretation of EPA's authority that the
scope of labeling requirements could be carried to
rather frivolous and costly ends.
                                          37?

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Docket Number, Name,
     Affiliation
                Comments
77-8-738L (Continued)
6.   Suggested that EPA redraft the General Provisions
     preamble to more clearly indicate that the supplementary
     or "additional" product selection criteria are intended
     to narrow the range of products potentially subject
     to labeling regulations.

7.   EPA should develop well defined, objective product
     selection criteria which can be stated quantitatively.

8.   Commented on the inability to identify classes of
     products for which noise labeling would be appropri-
     ate due to the lack of a definition for "adverse affect
     capability."

9.   Expressed the feeling that it was the intent of the
     language of Section 8 that notice be given to the
     prospective user and thus the prospective user
     would be the principle beneficiary of labeling.
                                        10.  The opinion was expressed that most products are
                                             purchased by the ultimate user, thus even though
                                             the intent of the statute is to give notice to pro-
                                             spective users, EPA can proceed with a labeling pro-
                                             gram which impacts more directly on the purchaser
                                             without violation of Section 8.

                                        11.  Understood that if a product has been identified as
                                             a major source of noise under Section 5, regulations
                                             can be promulgated under Section 6 only if the
                                             Administrator feels such regulations are feasible.

                                        12.  Expressed the feeling that determinations of feasibility
                                             should be based on cost or marketing factors as well
                                             as technology.

                                        13.  Felt that even if a noise emission standard was found
                                             not to be feasible, EPA could require labeling under
                                             Section 8.
                                        373

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Docket Number, Name,
     Affiliation

77-8-73 8L (Continued)
     -739L
 Richard Gimer
                  Comments

14. Stated: "Beginning in 1975, John Deere has
    included as part of the Canadian Motor Vehicle
    Safety Standards compliance for snowmobiles, a
    statement as to a "not-to-exceed" noise level.
    (Illustrations were attached.)

15. Pointed out that John Deere agricultural tractor
    advertising brochures included data on operator
    ear noise levels of Sound Card body equipped tractors.

16. Expressed the feeling that "brochure labeling" may
    have more value for the potential customer because
    the brochure information can be taken with the
    customer allowing him to make meaningful, accurate
    comparisons.

17. Unless required, Deere and Co. would likely not
    modify its practice of labeling snowmobiles upper
    dBA level rather than actual noise level for the
    following reasons:  (1) because of strict regulation
    there is little difference in measured dBA levels of
    snowmobiles and (2) because of the experience of
    manufacturers who attempted to market "quiet
    snowmobiles" and found that consumers appear
    unwilling to accept the performance effects of
    noise reduction.

 1.   Expressed a desire to testify at the Washington, D.C.
    hearings on the general provisions of the labeling pro-
     gram.
     -740L
 Arnold W. Rodin
 Home Ventilating Institute
     Commented that "Tlie HVI standards program for
     rating and labeling its members' products' sound
     emission has a well established standing among
     consumers, the trade and building standards agencies."

     Noted that, "HVI has required since 1971 that all
     household range hoods and indoor exhaust fans in
     its certification program be labeled with both air
     delivery and sound ratings, as determined in inde-
     pendent laboratory testing at Texas A&M University
     under HVI test procedures."
                                      374

-------
Docket Number, Name,
     Affiliation
                  Comments
77-8-740L (Continued)
3.   Pointed out that, "The U. S. Department of
     Housing and Urban Development in its Minimum
     Property Standards requires that all kitchen and
     bathroom ventilators carry sound as well as air ratings
     as tested under HVI procedures. The International
     Conference of Building Officials recognizes HVI
     as a Quality Control Agency for certified ratings
     of home ventilators for sound and air."

4.   HVI labels state sound ratings in sones, which
     follow a linear scale rather than a logarithmic scale
     as do decibels.

5.   Stated that: "Consumers, builders, contractors,
     dealers and salesmen have found HVI sones ratings
     useful in the selection and installation of literally
     millions of ventilators."

6.   Expressed the opinion that the HVI standards meet
     the essence of EPA's four objectives for the noise
     labeling program in the Federal Register.

7.   Pointed out "that the HVI sound testing procedure
     simulates use-environment, which your notice says
     will be considered where appropriate though not a
     primary objective."

8.   Expressed HVI's opposition to a dBA rating for
     products because logarithms are difficult for con-
     sumers, contractors, and sellers to handle in making
     comparisons.

9.   Urged EPA to adopt the sone as the-common sound
     measurement for all labeling standards because of
     these merits:  "(1)  Simplicity in understanding and
     use (linear scale, low numbers, relevance to actual
     experience). (2) Accuracy and appropriateness of
     uniform laboratory testing. (3) Proven workability.
     (4) Wide familiarity."
                                       375

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Docket Number, Name,
     Affiliation
                  Comments
77-8-740L (Continued)
10.  Expressed the opinion that minimal Federal
    involvement would be best for home ventilators
    by letting the HVI program continue to operate
    on its own.

11.  Took issue with the assumption that home
    ventilators pose any problems of health or welfare
    to justify inclusion under EPA regulations.

12.  Expressed the opinion "... that the consumer or
    other purchaser needs no new information or new
    protection than presently provided [since] the
    sound of range hoods and exhaust fans is stated so
    that the desired degree of quietness may be selected;
    sound ratings come under specified limits set for HVI
    certification and compliance to HUD standards; and
    existing sound levels  pose no health or welfare  threat
    to occupants or neighbors."

 13. Offered its cooperation in developing the EPA
    program, particularly in directions compatible  with
    the HVI program.

 14.  Suggested that "sound labeling" is a more accurate
     and appropriate general term than "noise labeling"
     since "noise" has subjective negative connotations,
     whereas the word "sound" is objective.
     -741L
 Charles Wittyer
 The Marley Organization, Inc.
 1.   Suggested that advance planning and involvement
     prior to issuance of regulations was an advisable
     approach for affected parties.

 2.   Requested noise labeling program information.
     -742L
 Douglas A. Frazer, President
 International Union, UAW
 1.   Observed that UAW receives more complaints
     about noise than any other single occupational
     hazard. Therefore, UAW takes great interest in
     EPA's intent to regulate noise at the time a product
     is being manufactured.
                                       376

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Docket Number, Name,
     Affiliation
                   Comments
7 7-8-742L (Continued)
2.   Expressed approval of a noise regulation program
     and strong support for EPA's proposal to require
     labeling of noisy products.

3.   Expressed the hope that the program's major
     focus would be on industrial noise sources, with
     regulation at the point of manufacture a more
     effective technique than workplace noise level
     standards.
77-8-743L
Frank S. Fitzgerald
Executive Vice President
Noise Control Products
  and Materials Association
 1.   Commended EPA "for its efforts to raise
     public, awareness and understanding of
     noise reducing properties of products and
     materials at the marketplace."

 2.   Stated that, inadequate technical data will
     however only confuse the purchaser and
     frustrate the program's objectives.

 3.   Recommended that laboratories conduct-
     ing tests pursuant to the regulations be ac-
     credited by the American Association for
     Laboratory Accreditation (AALA) and
     commented on the Commerce Department's
     national voluntary laboratory accreditation
     program.

 4.   Stated that the establishment of public
     testing facilities would be "a duplication
     of that (above) effort and a needless ex-
     penditure."

 5.   Believed the regulations for product selec-
     tion should focus on the labeling of finished
     systems and  not parts of those systems.

 6.   Stated that "a single uniform rating system
     for all products will not provide the consumer
     with meaningful information."
                                      377

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77-8-743L (Continued)
                                      9.
                                     10.
                                     11.
   Requested that in developing rating schemes
   and test methodologies, EPA consult the
   Noise Control Products and Materials Association,
   American Association for Laboratory
   Accreditation, American Society for Testing
   and Materials, American National Standards
   Institute, Society of Automotive Engineers,
   American Acoustical Society, Institute of
   Noise Control Engineers, and the National
   Bureau of Standards.

   Noted the need to consider sound reducing
   parameters for the whole system rather than
   individual parts and to present some parameters
   as "a function of frequency, not by a
   single number."

   Stressed the problems in communicating
   meaningful information to the consumer
   through the use of a simple number or descriptor.

   Asserted that EPA should consider a technique
   of rating only for end use products and
   systems.

   Expressed hope that the Agency would consider
   current trade practices emphasizing a systems
   approach in marketing and the availability
   of testing facilities in their formulation of a
   Final Rule.
         -744L
William V. Skidmore
Assistant General Counsel for
  Legislation
Department of Commerce
1.  Recommended changes in the proposed regulations.

2.  Recommended that EPA discuss the Agency's
   intention with respect to timing of the effective
   dates of product-specific regulations in the
   preamble of the Final Rule for the General
   Provisions, so that manufacturers have some idea
   of the minimum time allowed for compliance.
                                         378

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77-8-744L (Continued)                 3.  Recommended that when EPA develops proposed
                                         regulations for specifying rating procedures and
                                         ranges pursuant to Section 211.1.4(b) and (c),
                                         it considers the approach employed by the
                                         Department of Commerce in implementing its
                                         voluntary Energy Labeling Program.

                                     4.  The Commerce Department approach provided for
                                         submission to the Department of measurement
                                         data developed by manufacturers or generated by
                                         independent test laboratories or national certification
                                         programs. Then proposed ranges were published in
                                         the Federal Register for comment; comments were
                                         then considered and final ranges were established
                                         and published in the Federal Register.

                                     5.  Submitted the following documents:
                                         1.   15 CFR Part 9 (38 FR 29574, October 26,1973)
                                             Procedures for a Voluntary Labeling Program for
                                             Household Appliances and Equipment to Effect
                                             Energy Conservation (Tab A);

                                         2.   40 FR 32415 (August 1,1975) Voluntary
                                             Energy Conservation:  Testing and Labeling;
                                             Specification No. 2075, for Refrigerators
                                             (40 FR 32415 etseq.); Specification No. 3-75,
                                             for Combination Refrigerator-Freezers
                                             (40 FR 43427 et seq.); Specification Noi
                                             4075, for Freezers (40 FR 32440 et seq.) (Tab B)

                                         3.   40 FR 37063 Voluntary Labeling Program
                                             (proposed ranges)  (Tab C); and

                                         4.   40 FR 58673 Voluntary Energy Conservation;
                                             Testing and Labeling (final ranges) (Tab D).

                                     6.  Recommended "that EPA acknowledge its respon-
                                         sibility in the general provisions for compiling rating
                                         figures, establishing the limits of the range, and duly
                                         specifying the range in published regulations pur-
                                         suant to Section 211.1.4(c)."

                                     7.  Expressed the opinion that "This responsibility would
                                         include periodic updating of the range as the extreme
                                         high and low ratings change because of product modi-
                                         fication, model additions and deletions and the like."
                                         379

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        -745
Frank E. Wilcher, Jr.
Executive Director
Industrial Safety Equipment Association
(From  77-5-038)
1.    Maintained that the amount of information pro-
     posed for the label is excessive and that EPA
     should design a label that would not require re-
     design and enlargement of the product package.

2.    Gave examples of redundant label information,
     such as company name, location, and product
     model numbers.

3.    Felt that contrast is unnecessary if the label is
     legible.

4.    Quoted Section 10 of the Administrative Procedures
     Act, 5 U.S.C. S706(2)and suggested that the pro-
     posed regulations were legally, as well as technically,
     unsound.

5.    Suggested that regulations concerning specification
     of label content, EPA's inspection authority, and
     recordkeeping requirements of manufacturers
     exceed the authority conferred on EPA by Congress.

6.    Pointed out that Section 8 of the Noise Control
     Act of 1972, 42 U.S.C. Sec. 4907(b), requires
     only a label  giving notice of the hearing protector's
     effectiveness in reducing noise and not items  (d>
     (h) of 211.1.4.

7.    Stated that there is no statutory basis for the require-
     ments that the label contain information beyond
     the noise-reducing effectiveness notice such as
     the EPA logo and especially the removal prohibition
     statement noting that Congress usually expressly
     specifies such requirements.

8.    Suggested that the proposed enforcement provisions
     magnify the manufacturers' requirements as stated
     in Section 13 of the Noise Control Act.
                                         380

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77-8-745 (Continued)                   9.  Cited specifics in the proposed rulemaking
                                          which exceed the requirement of Section 13 by
                                          requiring manufacturers to admit EPA inspection
                                          officials to their private facilities for inspection
                                          and monitoring activities.

                                      10.  Pointed out that the proposed regulations may
                                          be unconstitutionally vague, noting that the
                                          grounds for a cessation order are ill-defined,
                                          particularly the term "substantial" [211.1.9(a)(2)],
                                          381

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                   PUBLIC HEARING TESTIMONY
                          WASHINGTON HEARING
77-8-901-WH
Dr. Donna Dickman
Program Manager
Environmental Noise Program of
  the Metropolitan Washington
  Council of Governments; and
  American Speech and Hearing
  Association
Oral Statement

1.   Dr. Dickman expressed concern over lack of
    public awareness of noise problem and the
    public's limited access to information which
    might assist their decision-making. She urged
    that the adopted labels be easily understandable
    and highly visible.  (14-15)
2.   She expressed general support for the program as a means of providing information to the
     public and for the inclusion of range data on the label. (15)

3.   Dr. Dickman suggested an extensive public education effort be associated with the program,
     including mass media exposure and pamphlets readily available in public places. (15-16)

4.   Factors that should affect identification of products for labeling are number of persons
     exposed, noise level, frequency of use, useful life and product cost. (16)

5.   Dr. Dickman endorsed the selection of hearing protectors for labeling. (17)
 Responses to Questions from EPA Panel: Mr. Thomas

 6.   Dr. Dickman suggested that a uniform descriptor be used for labeling all classes of noise-
     emitting products to avoid public confusion and to promote learning, and expressed the
     opinion that use of the range data is more vital than the choice of descriptor. (19-21)
 Mr. Feith

 7.   When presented with possible alternative methods of providing comparative information, Dr.
     Dickman opted for a label which allowed comparisons between products within the same class.
     However, the educational program should address physiological and psychological annoyance
     effects of differentiated noise levels. (23-24)
 Mr. Elkins and Mr. Feith

 8.   Dr. Dickman cited the kitchen, repair, and lawn-care areas of her household as particularly
     noisy.  (23-24)
                                          382

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Mr. Ricci

9.   Dr. Dickman suggested clearly visible labels attached to the product so as to catch the
     consumer's attention, and opposed presenting rating information via displays.  (26-28)

Dr. Shutler

10.  Dr. Dickman suggested that, in light of the fact that consumers do not test products
     for sound levels, a procedure for confirming a purported noise level on a label must have
     been employed before the consumer buys the product. Government oversight is the
     procedure Dr. Dickman had in mind, although she mentioned industry self-policing as
     well. (28-30)

Mr. Kozlowski

11.  Dr. Dickman indicated that the public educational program must convey the fact that
     the noisier product is not necessarily the more powerful or more effective product. (31-33)

12.  Dr. Dickman noted that, from her observation and work with the Council of Governments,
     consumer concern for quiet products is on the increase, generating the need for an educational
     program directed not only at the  consumer but also at the salesperson. (33-34)
Mr. Elkins

13.  Dr. Dickman commented about inability to get noise information from salespersons. She
 •   felt that even if the salespersons were educated to noise levels, the consumer could still
     face difficulties because realistic demonstrations of some products to check noise levels
     (e.g., dishwashers) are impossible to perform at the point-of-sale, and noise level compari-
     sons between stores are meaningless because of ambient variation and memory loss. (35-36)

14.  She expressed support for warning the consumer of possible health hazards of noisy
     products through the educational program and not on the label itself. (37-38)

15.  Dr. Dickman suggested that education for the hearing protector labeling program must
     reach both the ultimate user and the purchaser of the defice.  (38-39)
Mr. Thomas

16.  Dr. Dickman mentioned the practical cosmetic problem associated with permanent, visible
     labels on household appliances. (40-42)
                                          383

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77-8-902-WH                            Oral Statement
John Reardon
Director of Government Affairs           1.   ARI believed the EPA Background Document
Air Conditioning and Refrigeration            for Noise Labeling indicated EPA has deter-
  Institute                                  mined that it will not initiate a noise labeling
                                            program for outdoor equipment even though
                                            Table 4-3 mentions air conditioners. (45)

2.   ARI questioned whether or not the above document includes central air conditioners or
     room air conditioners or both in the category of outdoor equipment, especially since
     page 4-24 states that "outdoor equipment of Category C... is not of interest for labeling
     purposes; if it were very noisy, it would be regulated rather than labeled."  (45-46)

3.   Mr. Reardon discussed ARI's history of involvement with the issue of noise and ARFs
     development of sound-rating technology and relevant testing for its member's products.
     (46-50)

4.   ARI indicated a preference for a  voluntary program. (50-53)

5.   ARI suggested that comparative acoustic data, or range, for a product not appear on the
     label because of updating problems and because regionally exclusive products may not
     be available.  (53-55)

6.   ARI considered the 24-hour notice for access to facilities as unreasonably disruptive and
     harmful to proprietary interests (211.1.9(b)(2)). (55-56)

7.   He believed noise enforcement officer should not be given the authority to photograph
     a manufacturer's product, since the information could be given to a competitor under
     the Freedom of Information Act. (56)

8.   Mr. Reardon indicated that relatively long notice period should be required for EPA's informing
     a manufacturer that a specific product is to be tested or that a specific test facility is to
     be used for an EPA-monitored test, because many products may be "built to order."
     (211.1.11(aXDand(2)). (57)

9.   ARI objected to the exemption granted for prototype products because of the improper use
     that could be made of them in a display or demonstration setting. (56-57)

10.  Mr. Reardon also opposed tight scheduling of test facilities, preferring the alternate proposal
     set forth in 2112.12( 1 )(d) of the hearing protector regulations. (58)

11.  ARI suggested that labeling regulations permit advertising claims, beyond EPA's required
     rating, to reflect differing actual use conditions, possibly supplementing the standardized
     EPA rating point with different rating points. (58-59)
                                         384

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12.  ARI saw no reason for the retention of test records mandated by 211.2.9(a)(2).
Responses to Questions from EPA Panel:  Mr. Cerar

13.  Mr. Reardon indicated that noisy air conditioners do not cool better, but the units can be
     altered by reducing their thermodynamic capabilities to be quieter. (68)
Mr. Feith

14.  Mr. Reardon explained that an SRN number on a condenser unit would not provide a
     comparative rating because of the variance in sound pressure level caused by installation
     conditions and distance from the unit. (76-78)

15.  Because of the possibility of rerating product noise level based on complaint testing, it
     would be costly to include sound rating number on product label rather than in directory.
     (78)

16.  Mr. Reardon's response to questions indicatd the difficulty that an average consumer would
     have in determining the level of noise emitted by an ah* conditioner, because of (1) lack
     of knowledge about ARI coupled with lack of address on label; (2) price of directory
     listing ratings; (3) salesperson's ignorance about ratings, etc. (80-82)
Dr. Shu tier

17.  Mr. Reardon indicated that ARI's concern with entrance to test facilities by EPA rested
     primarily with regard to tests on models not intended for commercial use.  (93)

18.  Mr. Reardon indicated that some small manufacturers do not enter the voluntary noise
     certification program because of the prohibitive costs of in-house testing facilities, but
     the manufacturers are allowed to use independent laboratories to conduct the tests. Mr.
     Reardon could cite only two such laboratories capable of performing the indicated
     testing. (94-95)

19.  Mr. Reardon described the process by  which ARI, through Electrical Testing Laboratories,
     randomly selects the specific units of  a manufacturer's model line for testing. He
     noted that the unit is generally selected from a warehouse rather than the assembly
     line, and the designated unit is sealed  to prevent alteration prior to testing. (96-97)
                                      385

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Mr. Kozlowski

20.  Mr. Reardon was not able to provide precise information on the number of products
     tested by the manufacturers, tested by ARI, or tested and failed. (97-100)

21.  Mr. Reardon stated that a gradual drop in noise ratings had occurred since the beginning
     of their voluntary certification program, although consumer interest in either energy
     efficiency or sound ratings has not appeared high. (106-107)

22.  Mr. Reardon suggested that periodic monitoring by EPA of a voluntary industry sound-
     rating certification program would be a more effective use of EPA resources than would a
     full EPA regulatory program.  (108-109)

23.  Mr. Reardon responded affirmatively when asked if a voluntary sound-rating certification
     program would be feasible for  window-unit air conditioners also. (109-110)
Mr.Elkins

24.  Mr. Reardon expressed concern over the possibility of government paperwork and red
     tape that could result from a full EPA labeling program, as well as the additional cost
     of the labeling itself, which might run, he had heard, as high as $ 1.00 for each unit's
     label.  (110-113)
Donna Dickman (audience question)

25.  Mr. Reardon responded affirmatively when asked if the idea of a noise range for a product class
     might be "saved" by indicating at the point-of-sale that models of certain values were not avail-
     able in a given area (see point No. 4 above), but "administratively" he still felt the range
     information would have little practical shopping value for the consumers. (114-115).
                                      386

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77-8-903-WH                            Oral Statement
Theodore Berland, President
Citizens Against Noise                    1.   Mr. Berland expressed support for the
                                            program with criticism of some points and
     catalogued environmental noise through a typical day's exposure. (117-119)

2.   Mr. Berland suggested that EPA consider "products" for the program in the broadest
     sense of the term, including not only household appliances and tools but also mercantile
     office and factory equipment, and further suggested that the program be aimed at a
     broad audience beyond the immediate consumer.  (119A-l 19C)

3.   Mr. Berland suggested that the label include a decibel rating and an indication of possible
     harm such as "loud, 70-85 dB(A)" and "irritating, 60-70 dB(A)." This could possibly be
     associated with an appropriate color coding and reflective surface such as a red label for
     "dangerous" and yellow for "irritating." (119C-119D)

4.   Mr. Berland urged a stronger, more articulated testing and enforcement plan for the
     program.  (119D)
Responses to Questions from EPA Panel: Mr. Thomas

5.   Mr. Berland responded negatively when asked if could see any evidence of industry concern with
     noise levels of their products or efforts to inform the public about noise (120-121)
Mr. Feith

6,   Mr. Berland expressed the opinion that he would pay what it costs for a quiet environment
     noting that $1.00 for a noise label on an air conditioner is "pretty cheap." (121-122)
Mr. Ricci

7.   Mr. Berland suggested that louder products, such as airplanes, motorcycles and kitchen
     appliances, be given priority in product selection for the labeling program. (122-123)
Dr. Shutler

8.   Mr. Berland urged that penalties proportionate to the size of the audience affected be
     imposed for violations of the labeling regulations.  (123-124)
                                          387

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Mr. Elk ins

9.   Mr. Berland agreed that one objective of the program should be the establishment of
     the noise ratings as an aid to enforcement of distinct local noise ordinances.  However,
     local use ordinances must address the problem of alteration of the sound qualities of a
     product. (124-126)
Audience Question-Mr. Morris, American Rental Association

10. Mr. Berland contended that the costs of a quiet environment must be decided in the
    courts, and the public must be educated to the harmful effects of noise. (126-127)
                                       388

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77-8-904-WH.  Also 77-5                 Oral Statement
Mr. Stuart Low
President                               1.   Mr. Low objected to the handling of Subparts A
Flents Products Company                     and B by EPA with particular reference to the
                                            lack of distinction given them by EPA and the
     time obstacles for comments on Subpart B, directly affecting his firm as a manufacturer
     of hearing protectors. (129-130)

2.   Mr. Low indicated that labeling for retail hearing protectors would not be effective
     because of the small size of the devices, the public's lack of awareness and the public
     concern with comfort rather than a technical acoustic rating descriptor.  (131-133)

3.   Although Mr. Low had no objection to ASA 1-1975, per se, he did urge caution about the
     use of such a relatively new procedure. (134-135)
4.   With reference to 211.1. i and .y Mr. Low noted that the definition of  'manufacturer"
     for the purposes of importation remains unclear; does "manufacturer," e.g., encompass
     "assembler"? In addition, rules for importers have yet to be articulated. (135-137)

5.   Mr. Low suggested allowances for sufficient lead time in the implementation of the
     labeling program to account for importation and manufacturing difficulties. (137-138)

6.   Referring to 211.1.4, Labeling Content, Mr. Low pointed to excessive information
     requirements for earplugs, much of it duplicating contents on the product's packaging,
     and also objected to the large size of the proposed labels, requiring larger and costlier
     packaging for the earplugs. These requirements, Mr. Low concluded, are unduly
     burdensome to the industry, given the low cost of making ear plugs.

7.   Referring to 211.1 .S-.8, Mr. Low objected to the requirement to affix labels on each
     individual product, since many of his firm's sales are in bulk lots in cost-saving packages.
     Mr. Low also expressed confusion over what could be pasted as opposed to less costly
     procedure of printing the label.  (141-143)

8.   Referring to 211.1.9, Inspection and Monitoring, Mr. Low objected, in light of unpleasant
     experiences with New York State regulations, to the "extraordinary" inspection powers
     afforded to EPA, and suggested two paragraphs (pp. 146-147) be appended to the regula-
     tions circumscribing EPA's orders for cessation of production. (144-147)

9.   Mr. Low objected to the lack of hearings on the hearing protector proposals, Subpart B,
     and urged a dialogue with EPA and his industry leading to a more voluntary program.
     (147-149)
                                       389

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Responses to Questions from EPA Panel: Mr. Thomas

10.  Mr. Low commented that he did not pppose the new ANSI standard test but rather was
     concerned about its relative novelty for testing purposes. (150-156)

11.  Mr. Low expressed concern over placing rating labels on both his product's packaging
     insert and on the box itself, which he felt would be a costly procedure.  (156-158)

12.  Mr. Low suggested that EPA consider the differences for labeling purposes in hearing
     protectors marketed for individuals versus those sold in bulk packages to industry.
     (159-164)
Dr. Shutter

13.  Mr. Low suggested more highly articulated enforcement language in the regulation, vesting
     cessation-of-production authority clearly in the Administrator and informing enforcement
     officers of the limits of their discretion. (16-5-168)
Mr. Kozlowski

H.  Mr. Low pointed out differences in costs, marketing and packaging between ear muffs
     and ear plugs but preferred to defer to Industrial Safety Equipment Association comments
     on the ear muff matters.  (168-170)
Mr. Cerar

15.  Mr. Low expressed concern over possible delays hi implementing Import Section 9 through
     Treasury Department regulations, which have yet to be issued. (171-173)
Mr. Feith

16.  Mr. Low pointed out that a 12-422 attenuation test costs around $2,000, and labeling
     might add 80 percent to the costs of some of his firm's containers. (175)
                                     390

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77-8-905-WH                           Oral Statement
Roy W. Muth
Director of Technical Services            1.   Mr. Muth noted that snowmobile noise
International Snowmobile                     emissions have been reduced from approximately
  Industry Association                       102 dB(A) in the late 1960's to 78 dB(A) currently
                                            through industry efforts. (178-179)

2.   ISIA endorsed the goals listed in "Toward a National Strategy for Noise Control" and the
     NPAM's Supplementary Information and suggested voluntary industry labeling as the most
     effective means for furthering these goals with a minimum of EPA involvement. (179-182)

3.   ISIA suggested possible EPA inducements for industry to undertake effective voluntary
     labeling programs: a) dropping such voluntarily-labeled products to the bottom of
     the mandatory priority list; b) urging government agencies to favor such products;
     c) offering EPA testing facilities to these manufacturers; d) agreeing to joint EPA-
     industry financing of related sound control research; e) EPA applauding of such in-
     dustry programs. (182-184)

4.   Commenting on Part 211 of Title 40, ISIA suggested that EPA product selection criteria
     be spelled out in the regulations, thus encouraging manufacturers of such products to
     develop voluntary programs. He mentioned various criteria.  (184-185)

5.   Referring to Sections 211.1.2(0 and 211.1.4, ISIA called for clarification of the admini-
     strator's statutory authority for required label information-such as the rating scale-and
     for some inspection and monitoring activities, such as the 24-hour notice. (185-187)

6.   ISIA, suggested generally that EPA enforcement focus on a manufacturer's capability to
     perform the required tests, the results of the tests for noise emission, and auditing of
     the tests. (187)

7.   ISIA could not see the purpose in 211.1.10 and suggested that it grant an exemption from
     labeling rather than from testing and further suggested that 211.1.11 be changed to con-
     form to statutory authority with respect to requiring the manufacturer to ship products to
     EPA and allowing EPA operation of private test facilities. (188)
Responses to Questions from EPA Panel: Mr. Thomas

8.   Mr. Muth explained that industry labels on snowmobiles state that the product meets
     the standards of the Snowmobile Safety and Certification committee on brakes, lighting
     and noise, the last of which is 78 dB(A) at full throttle and 73 dB(A) at 15 miles per
     hour, both "pass-by" tests. (192-193)

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Mr. Feith

9.   Mr. Muth noted that the ISIA would support dissemination of information on operator
     noise levels but had not yet approved a plan for doing so. (197-199)
Dr. Shutler

10.  Mr. Muth pointed out that an independent laboratory verifies noise ratings using snowmobiles
     taken from the production line or channel of distribution. (2031

11.  Mr. Muth explained that, when a model fails to meet industry standards, the manufacturers
     must remove the label from all its models until all are in compliance. Every model is tested
     every year, but none have failed. (204-207)
Mr. Kozlowski

12.  Mr. Muth preferred not to suggest what would be an acceptable level of Federal involvement
     in the industry's voluntary program, and reiterated the advantages of a voluntary program.
     (208-210)
Mr. Elkins

13.  Mr. Muth expressed the belief that noise level is not a major marketing factor for snow-
     mobiles.  (213)
                                     392

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77-8-905-WH                           Addendum to Responses to Questioning from
Roy W. Muth                           EPA Panel
International Snowmobile
  Industry Association                  1.   On the question of a volunteer noise labeling
                                          program in the snowmobile industry, Mr. Muth
added that the Executive Committee of the ISIA had decided to adopt a voluntary program,
with details to be available the following morning.
                                       393

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77-8-906-WH                           Oral Statement
Ernest Scott
Kirby Vacuum Cleaners                  1.   Mr. Scott stated that labeling of domestic
                                            vacuum cleaners for noise is not needed
     since they are not hearing hazards, but rather most complaints refer to them as only
     annoyances.  (190)

2.   Mr. Scott suggested that a noise label might be incorporated into an overall performance
     label on vacuum cleaners being voluntarily developed in cooperation with the FTC.
     (190-191)
                                       394

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77-8-907-WH                           Oral Statement
Wesley E. Schwieder
Executive Engineer                      1.  Ford did not wish Section 8 of the Noise
Environmental and Safety                    Control Act to be used to circumvent Sec-
  Engineering Staff                         tion 6, avoiding noise impact studies.  (217)
Ford Motor Company
                                       2.  Mr. Schwieder suggested that EPA spearhead
     ^                                    a movement to clarify and simplify burgeoning
Richard Genik                              labeling: requirements through a "Federal Inter-
Noise Control Planning Manager              agency Product Labeling Review Committee." (218)

     and                                3.  Ford noted that the public education effort needed
Herbert Epstein                             to convey tne labeling program will be "virtually
Senior Attorney                            impossible," suggesting an understandable 1-5
                                           scale instead of decibel levels. (218-219)

4.   Ford suggested that no automobile components already covered by noise emission regulations
     be subject to Section 8, strongly opposing inclusion of vehicle exhaust systems in the plan
     as undue interference with final design. Further, Mr. Schwieder stated that Ford felt that
     labeling of replacement exhaust systems wouM not reach  the consumer, would soon
     become illegible and would have to be labeled for multiple applications. Rather,  Ford
     preferred a certification program as in Florida and California. (219-223)

5.   Ford suggested use of the dB(A) rating as the most appropriate acoustic parameter. (223-224)

6.   Ford expressed opposition to much of the enforcement scheme for the program as being
     basically like that imposed for medium and heavy trucks. (224-225)

7.   Mr. Schwieder stated that Ford  could not find evidence that EPA had considered increased
     costs to the consumer as a result of the program  in the NPRM or Background Document.
     (225-226)

8.   Ford questioned the authority for comparative range information on the labels.  (226-227)
 Responses to Questioning from EPA Panel:  Mr. Cerar

 9.   Mr. Schwieder explained that, in the event of a running change during the model year, a
     labeled component part would have to be retested for assurance of its compliance with
     the regulations. (228-229)
                                        395

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10.  Mr. Epstein pointed out that under the "economic impact" Executive Order 11821.
     extended by  11949 and as construed by OMB Circular A-107, EPA is required to-perform
     a cost-benefit analysis of the economic impact of the Section 8 labeling program, on
     consumers as well as on manufacturers. (229-232)
Mr. Kozlowski

11.  Mr. Schwieder stated that Ford's objections to labeling of mufflers center on analogies
     to the "cumbersome" enforcement scheme for the heavy truck noise regulations.
     Ford preferred the more flexible programs of Florida or California. (232-233)

12.  Although Mr. Schwieder could not comment directly on the applicability for Ford of
     voluntary noise programs such as those described by the air conditioning and snowmobile
     industry representatives, he pointed to Ford's voluntary compliance with passenger car
     dB(A) levels under the SAE 96A procedure and alluded to the saleability of quiet cars.
     (233-236)

13.  Mr. Schwieder contended that compliance for a muffler-noise-labeling program's
     enforcement schemes similar to that for heavy truck noise would result in substantial
     costs, while the more flexible examples of the California and Florida program would not
     entail "painful costs." (237-238)
Mr. Thomas

14.  Mr. Schwieder indicated that Ford's advertising for the quiet quality of its cars includes
     comparisons with other makes but not noise levels themselves. (238-240)

IS.  Mr. Schwieder commented that high performance, noisy automobiles do have an appeal
     to certain segments of the market, but Ford has vacated that kind of market. (240-242)
Mr. Elkins

16.  Mr. Schwieder offered the opinion that a noise-level label would not be the influencing
     factor in consumer choice. He agreed the consumer might not perceive small dB(A)
     differences through test driving.  (242-246)
                                        396

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Mr. Feith

17.  Mr. Schwieder explained that Ford's concern over the comparative acoustic rating centered
     on the difficulties of establishing the range, in light of the EPA fuel economy rating
     problems. (248-250)

18.  Mr. Schwieder reiterated Ford's opposition to labeling original component parts but
     withheld assessment of labeling replacement parts until seeing a detailed proposal.
     (250-251)
Mr. Thomas

19.  Mr. Schwieder noted problems with noise labeling the original tires for a vehicle, such
     as conflicts with braking regulations. However, Mr. Schwieder deemed replacement
     tires worthy of consideration for labeling.  (251-254)
Mr. Okins

20,  Mr. Schwieder expressed Ford's concern that Section 8 could be used to impose regulatory
     enforcement and to avoid the steps for identifying a product as a major noise source
     under Section 6. He preferred the Section 6 step be undertaken first. (254-257,260)

21.  Mr. Epstein speculated that Section 8, by its statutory language, might require a rule-
     making decision to designate a product as falling within its purview, unlike Section 6.
     (257-259)

     (Also see Docket No. 77-8-643 for corrected hearing transcript and additional comments.)
                                       397

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77-8-908-WH                            Oral Statement
Howard W. Burnett, Officer
Rent-It Center, Inc.                      1.   Mr. Burnett, speaking as a businessman, stated
Representing.the American Rental             his opposition to product noise-labeling as it has
   Association (ARA)                         been pressented, citing lack of consumer under-
                                             standing and increased cost to the consumer.
     with                                    (263)

Roy Morris
Attorney, ARA                          2.   Mr. Burnett expressed concern over EPA noise
                                             regulation of tools of production such as 250
     horsepower crawler tractors, since the public does not come in contact with such items
     and alterations could lower productivity. (264-265)

3.   Mr. Burnett noted a problem with continued use, rehabilitation and resale of tools of
     production leading to destruction of noise labels. (265-266)

4.   Mr. Burnett pointed out an air compressor noise label developed by ARA at a cost of
     $5.00 per label.  He noted cities' general satisfaction with a sound level of 80 dB(A) at
     50 feet, and felt that a worker can sustain 90 dB(A) for 8 hours. (266-267)

5.   Mr. Burnett expressed the opinion that noise abatement of two cycle engines such as
     those in chainsaws, could have adverse consequences for safety. (267-270)
Responses to Questions from EPA Panel:  Mr. Cerar

6.   Mr. Burnett emphasized his perspective as a safety expert by suggesting that products
     lacking a potential for hearing loss (such as vacuum cleaners) or health damage need not
     be noise-labeled (272-275).
Mr. Elkins

7.   On the issue of the need to maintain the noise label after purchase of the product,
     Mr. Burnett and Mr. Morris raised the problem of Section 8 notice being given to the
     prospective user rather than the purchaser of the product.  (276-279)
Mr. Kozlowski

8.   Mr. Burnett accepted Mr. Kozlowski's criticism of the 90 dB(A) 8 hour tolerance level
     for workers.  (279-280)
                                       398

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77-8-909-WH                           Oral Statement
Daniel Queen
Daniel Queen Associates                 1.   Mr. Queen suggested that the A-weighted sound
                                            pressure level is the most useful descriptor,
but exposure varies in different settings necessitating the additional use of the noise power
emission to judge the noise in a given setting. (287-288)

2.   Mr. Queen noted that noises occurring under relatively constant circumstances, such as
     interior car noise, should be measured by A-weighting, but for sources varying in surroundings,
     such as vacuum cleaners, the power emission measurement should be used as well. (288-289)

3.   Mr. Queen expressed the opinion that the public could easily learn the meaning of power
     emission levels, particularly if Bels are used for the power emission level to distinguish
     its magnitude from SPL. (289-290)

4.   Mr. Queen cited the examples of the mechanical  versus electronic sirens and of the smoke
     detector horns to illustrate his point that a  sound pressure level measurement alone does
     not adequately reflect the  sound performance and effectiveness of the devices. He
     pointed to the need for the power emission measure as a supplement.  (290-293)

5.   Mr. Queen suggested that the measurement problems of the sound power emission could
     be overcome by use of noise classes. (293-295)
Responses to Questions from EPA Panel: Mr. Thomas

6.   Mr. Queen indicated that the promulgation of noise-labeling regulations could be a factor
     in itself in lowering costs of the required measurement methodologies, given rapid advances
     in the state of the technology. (295-299)
Mr. Feith

7.   Mr. Queen expressed the opinion that the public could learn to read and use a logarithmic
     scale as well as a linear one. He urged that the common dB(A) scale should not be dis-
     carded, and concluded that achieving a scale-type rating might not be possible given the
     need for both pressure and power measures. (299-302)
                                        399

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77-8-910-WH                           Oral Statement
Richard Gimer
Compressed Air and Gas                 1.   CAGI urged that clear criteria be set forth by
  Institute (.CAGI)                           EPA for determining what products might be
                                            subject to regulatory action. (306-307)

2.   Mr. Gimer expressed CAGI's opinion that, once a product fell under Section 6 standards,
     it would be inappropriate, with few exceptions for high dB(A) products, to proceed to
     Section 8 mandatory labeling for that product. (307-308)

3.   CAGI interpreted the intent of Congress in the Noise Control Act to focus on products
     potentially damaging or injurious to health in the products' noise emissions.  (309-310)

4.   CAGI considered it inappropriate for EPA to propose noise regulations for those products
     exclusively subject to existing OSHA noise regulations, preferring action under Section 4 (C)
     (2) of the Noise Control Act.  (310-312)

5.   Mr. Gimer stated that CAGI could not determine if a single product with a value about its
     established noise-rating scale would be considered a violative product, preferring the
     approach in gas mileage in which every product need not attain its labeled value. (312-313)

6    CAGI objected to the comparative rating on the noise label, believing industry would
     have to develop the scale and that such a requirement falls outside the statutory mandate
     of the regulations.  (314-316)

7    CAGI indicated that the requirement that the model number appear on the label
     poses the problem of increasing label costs (316-317)

8.   Mr. Gimer expressed CAGI's concern over the size of the label on a small product, suggesting
     that some elements, such as the EPA logo, could be removed in such cases and wished
     the choice of label type to be determined on a case-by-case format.  (317-318)

9.   CAGI objected to the inspection and monitoring provisions of the proposed regulations,
     holding these unauthorized by the statute, unnecessary for the program and likely to lead
     to litigation. (318-319)

10.   CAGI expressed the opinion that the power to issue " cease  to distribute" orders properly
     rests with the Federal District Courts. (319)

11.   CAGI felt that EPA should not require products to be submitted for testing at remote
     sites, without full reimbursements and raised concerns over EPA supervised testing of
     new products intended for commerce. (320-322)
                                      400

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 12.  CAGI objected to the absence of economic analyses in the program, contending that
     EPA has the burden of assessing the impact of the proposed regulations. (322-323)
Responses to Questions from EPA Panel: Mr. Cerar, Mr. Elkins, and Mr. Thomas

13.  Mr. Gimer urged that competitive considerations be taken into account in Section 8,
     economic analyses. (323-326)

14.  Mr. Gimer expressed the view that finding an item in excess of its labeled noise rating
     should not be cause for deeming the product violative of the regulation. (327)

15.  On the issue of the intended audience for the regulations, Mr. Gimer saw some confusion
     in addressing the regulation to either the purchaser or the user, referring particularly to
     high noise, low sales product outside a broad public audience. (328-331)
Mr. Cerar and Mr. Kozlowski

16.  Mr. Gimer saw no useful purpose in individually labeling products used in a work place
     with an OSHA noise standard at the worker's ear, a standard that addresses the whole
     work environment. (331-333)
Mr. Kozlowski

17.  Mr. Gimer stated opposition to noise testing each product off the line and preferred an
     "appropriate number" of the products be tested to establish the sound level, leaving
     aside the mathematical questions involved. The number would remain with the product,
     barring manufacturing changes.  (333-337)

18.  On the meaning of the manufacturer's obligation to supply products for testing under
     Section 13(a)(3), Mr. Gimer expressed concern over a testing program similar to that
     of the compressor regulations and expressed concern about requirements for shipping
     products to a central testing facility. (338-341)
                                     401

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19.  Mr. Gimer suggested that the manufacturer identification should be required on the label
     only if it does not appear elsewhere. (342-344)
Mr. Feith and Mr. Elkins

20.  On the issue of protecting the health and welfare of the general public or of the product's
     user, over cases involving a small number of products, Mr. Gimer indicated concern.
     (346-348)
                                        402

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                             CEDAR RAPIDS HEARING

77-8-911-CH                           Oral Statement
Bruce Anderson
  representing                         1.   Mr. Anderson observed that noise is a serious
Senator Dick Clark                          problem that "deserves more attention" (9)

2.   Mr. Anderson expressed support for the noise labeling program, and noted that the
     success of the program is partially dependent on educating consumers about the seriousness
     of the problem. (10)

3.   Mr. Anderson urged EPA to utilize existing Federal, state, and local consumer protection
     agencies and other consumer advocate groups to help educate consumers. (10)
Response to Questions from EPA Panel:  Mr. Elkins

4.   Mr. Anderson indicated that regulations, if sensible and to the point, would not be
     burdensome. (11)
77-8-912-CH                            !•   Ms. Boyse observed that noise is a serious
  representing                              problem, though a subjective one. (13)
Congressman Michael Blouin

2.   Ms. Boyse commented positively on the Agency's "good-faith effort" in developing
     labeling standards. (14)

3.   Ms. Boyse urged the use of common sense and sound judgment, as well as careful con-
     sideration of economic costs, in the enforcement of noise regulations.  (14)
Response to Questions from EPA Panel:  Dr. Shutter

4.   Ms. Boyse supported the use of a maximum noise rating on the label (16)
                                        403

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77-8-913-CH
Dr. Charles Anderson
American Speech and Hearing
   Association
                                   Oral Statement

                                   1.   Dr. Anderson noted the increase in the level
                                       of noise and its negative impact on communi-
                                       cation and general health.  (20-22)
2.   Dr. Anderson stated that it has been the clinical impression of audiologists that the inci-
     dence of high-frequency hearing loss is on the icnrease. Such hearing losses are subtle and
     very difficult to detect. (23-24)

3.   Dr. Anderson cited concern among consumers about the effects of noise.  (24)

4.   Dr. Anderson expressed support for noise labeling and regulation and suggested that
     noise labels also include the frequencies involved in the noise level, since these frequencies
     have a differential impact on hearing loss. (24-25)

5.   He recommended a public information program which would serve to enlighten the consumer
     about the value and usefulness of noise ratings.  (25-26)
Responses to Questions from EPA Panel: Mr. Thomas
6.
7.
Dr. Anderson indicated that hearing loss is not the only health hazard that results
from noise exposure, but that studies have shown high correlations with peptic ulcers
and hypertension. (27)

He mentioned that it is not easy to establish a causal relationship between hearing loss and
noise and discurred the problems caused by the complexity of people's habits and their
tendency to change their behavior once they are aware they are being tested. (28)
Mr. Kozlowski

8.   Dr. Anderson suggested certain criteria for choosing the products to be labeled: level of
     noise, number of people affected and the frequency with which a product is replaced
     (29-30)
Mr. Thomas

9.    Dr. Anderson supported a uniform noise measure for all products to facilitate comparisons
     (31-32)
                                          404

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10.  He felt that eventually a maximum rating was desirable in addition to the average
     rating. (32)
Mr. Ricci

11.  Dr. Anderson recommended use of the mass media to help educate the public, in addition
     to utilizing the service organizations that exist to help spread materials. He indicated
     that based on his experience, people will respond when provided with information.  (33-34)
Mr. Elkins, Mr. Kozlowski, Mr. Thomas

12.  Dr. Anderson mentioned a case in the University Hospitals' files where permanent hearing
     loss followed the use of a chain saw.  (34-35)
Mr. Feith

13.  Dr. Anderson cited the high incidence of health problems among persons living near airports
     as an example of a noise related health problem. (36)
Mr. Ropes

14.  Dr. Anderson listed the SERTOMA Club and the Lions Club as service organizations
     willing to help with the noise problem.  (36)
77-8-914-CH                           Oral Statement
Representative Joan Lipsky
Iowa General Assembly                   1-   MS- Lipsky expressed her concern for noise
                                            pollution and her belief that it should be sub-
                                            ject to regulation. (38-39)

2.  Ms. Lipsky expressed her opposition to the noise labeling program, because persons are
    concerned only about the noise levels of machines operated by others.  (39-40)

3.  She felt that lowans do not want federal noise control, but appreciate EPA's assistance
    in developing state and local programs.  (40-41)

4.  Ms. Lipsky maintained that labeling will increase costs to the consumer while confusing
    him about their meaning and bringing no relief from the noise made by others. (41)
                                         405

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  5.  Ms. Lipsky asked for the EPA's assistance in drafting noise legislation that is enforceable
     and constitutional, in developing an enforcement mechanism, and in developing training
     programs for enforcement personnel.  (41-42)
Responses to Questions from EPA Panel:  Dr. Shutler

 6.  Ms. Lipsky expressed her interest in the current EPA program to train police officers to
     enforce noise regulations. (44)
Mr. Elkins

 7.  Ms. Lipsky disputed the utility of the labeling program, mentioning that it is difficult to
     account for environmental noise. Enforcement of noise regulations, she argued, will
     require technically trained persons. (46)
Mr. Feith

 8.  Ms. Lipsky responded affirmatively when asked if she advocated the establishment of
     environmental noise levels rather than specific product regulations.  (47-48)

 9.  She observed that consumers don't usually pay attention to the ingredients labels found
     on food.  (48)
Mr. Ropes

10.  Ms. Lipsky expressed her appreciation for EPA's assistance with information in the past. (49)
77-8-915-CH                            Oral Statement
Larry Dupre
Illinois EPA                             1.   Mr. Dupre expressed his support for the proposed
Noise Technical Operations Center            regulations because they would increase public
                                            awareness and spur competition among manu-
                                            facturers to decrease the noise level. (53)

 2.  Mr. Dupre suggested adding a footnote to the label to explain the scale being used. (53)

 3.  He recommended the use of consistent measurement  techniques within each product
     category. (53)
                                           406

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 4.  Mr. Dupre expressed support for the regulation of mobile noise sources such as off-road
     motorcycles, motorboats, snowmobiles, lawnmowers, chain saws and power model
     vehicles as well as stationary products, such as resident air conditioners and ventilation
     equipment, that affect third parties. (54)

 5.  Mr. Dupre suggested labeling consumer products such as hair dryers and vacuum cleaners,
     in addition to labeling products such as mufflers which are sold on the basis of noise
     reduction effectiveness. (54)

 6.  Mr. Dupre expressed his belief that the proposed EPA standards will assist the Illinois
     noise control program by aiding enforcement and increasing public awareness. (55)
Responses to Questions from EPA Panel: Mr. Kozlowski

 7.  Mr. Dupre mentioned that noise level ratings on products being regulated would help
     enforcement of the regulations. (55)
Mr. Feith

 8.  Mr. Dupre responded affirmatively when asked if the Illinois EPA receives requests from
     consumers for information on the noise level of products. He indicated that the infor-
     mation available is limited. (56)
Mr. Ricci

 9.  Mr. Dupre indicated that the most important time to have a label is at the time of purchase.
     A permanent label would be beneficial in some cases, such as on a muffler, since it could
     be incorporated into an auto inspection. (57)
Dr. Shutler

10.  Mr. Dupre indicated that at the present time Illinois has no regulations regarding household
     products and would be unable to enforce them. (59)
Mr. Elkins

11.  Mr. Dupre suggested a rating scale for each category of products. (59)
                                           407

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77-8-916-CH                           Oral Statement
Richard Worm
Environmental Coordinating              1.   Mr. Worm spoke about products whose noise
  Association                              levels have been a source of irritation for him:
                                           his neighbor's air conditioner, lawnmowers,
motor vehicles, the ventilation system at the school where he works, office machines such as
typewriters, coffee machines and blowers. (66-71)

2.   He discussed the notion that attitudes toward noise develop when one is quite young.
     (71-72)

3.   Mr. Worm expressed support for the product noise labeling program. (75-76)
Responses to Questions from EPA Panel: Mr. Ricci

4.   Mr. Worm suggested that labeling would help to educate the public. The public is not
     totally economy-mineded. (78-79)

5.   Mr. Worm supported the idea of a label affixed directly on the product.  Persons are not
     inclined to put much work into purchasing a product so information must be easily
     available to the public or it is not likely to be widely utilized. (79-80)
Mr. Ropes

6.   Mr. Worm, as a 9th grade teacher of Earth Science, responded positively when asked what
     he though of a module concerned with educating children about noise. (81)
77-8-917-CH                            1.   Mr. Kamps indicated that between 20 and 30
Vern Kamps                                percent of the persons over 55 for whom his
American Association of                     association attempts to find employment have
  Retired Persons                           some degree of hearing loss. Most of these
                                           persons were exposed to excessive noise levels
                                           in factories in the past. (82)

2.   Mr. Kamps spoke about the button factory in which he has been employed and the high
    noise level in that factory.  (82-83)
                                          408

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Response to Questions from EPA Panel: Mr. Ropes

3.   Mr. Kamps stated that he values quietness in a product, indicating a noise label would
     affett his purchasing decision. (83)

4.   In response to a question, Mr. Kamps indicated that persons exposed to factory noise
     really never realized the danger.  (84)

5.   Mr. Kamps indicated that he was unaware of anyone from the federal government, such
     as OSHA, enforcing any sort of noise regulation in his factory. (85)
Mr. Feith

6.   Mr. Kamps stated that no one in his factory had worn hearing protectors.  (85)
77-8-918-CH                            Oral Statement
Willis Lueders
Transparent Film Workers Union          1.   Mr. Lueders spoke at length about the hearing
                                           protection program in the Dupont factory where
he is employed. He mentioned the management's efforts to cut down on the noise level by
installation of carpeting and acoustical tiling, a yearly physical which includes an audiogram,
clear indication of the instances in which one must wear a haring protector, the methods for
monitoring exposure time and the use of mufflers on machines. (86-93)
Responses to Questions from EPA Panel:  Mr. Kozlowski

2.   Mr. Lueders thought that unions could and should "sell" the idea of the need for quieter
     equipment to their members.  (93-94)
Mr. Elkins

3.    Mr. Lueders mentioned the importance of good communication between the employees
     and the management.  (95)
Mr. Ropes

4.    Mr. Lueders mentioned a take-home safety program that also existed in their plant. (96)
                                          409

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77-8-919-CH                           Oral Statement
Pat Dillan
United Auto Workers                     1.   Mr. Dillan seemed to feel that the law should
                                            address itself to preventing noise in products
as they are manufactured rather than just mandating protection for employees. (100-104)

2.   Mr. Dillan described the difficulties involved in getting compensation for a workman
     who has suffered gradual but permanent hearing loss.  (104)

3.   From his experience, Mr. Dillan noted that excessive noise, even if one's ears are protected,
     can lead to such health problems as indigestion, nervousness and migraine headaches. (105)
Responses to Questions from EPA Panel: Dr. Shutler

4.   Speaking as a consumer, Mr. Dillan supported a public education program through the
     media in addition to a labeling program. (108)
Mr. Kozlowski

5.   Mr. Dillan indicated that increased costs should be passed on to the consumer and not the
     worker, since quieter machinery is a cost of production. (108-109)
Mr. Feith

6.   Mr. Dillan indicated that very little attention was paid by some plant workers to noise
     warning signs placed in the working areas. (111-112)
Mr. Ropes

7.   Mr. Dillan indicated that his union local would be delighted to assist in an educational
     campaign. (112)
77-8-920-CH                            1.   Mr. Harwick discussed methods other than
Ed Harwick                                 replacement of machines which could help
United Auto Workers                         to reduce noise in a factory. He suggested
mechanical changes as well as better maintenance. (114-115)

2.    Employees in his factory complained about the uncomfortableness of all three hearing
     protectors they were issued by the management. (116)
                                          410

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7 7-8-921-CH                           Oral Statement
Ed Ryan
American Association of                 1.   Mr. Ryan argued that most of American
  Retired Persons                            industry does not care about "people problems.'
                                            (117-120)

2.    He expressed support for a labeling program, particularly if there was an educational
     program to back it up. (120)
77-8-922-CH                            1-   Mary Pickett stressed the fact that household
Mary Pickett                                appliances should be studied in the environ-
lowa State University Faculty                 ment in which they are used as well as in
                                            isolation.  (125-126)

2.   She indicated that studies have shown that noise can be annoying and can produce stress,
     but that no studies have demonstrated that physiological damage is related to interior
     environmental noise.  (126)

3.   Related to this concern, Mrs. Pickett observed several'factors about the average American
     consumer:

     a.    Middle and low income families are now being forced to buy cheaper dwellings
          made from less expensive materials that vibrate more easily.  (126-127)

     b.    Because of economic constraints, these families are more concerned about the
          house than the appliances found in it. (127)

     c.    In addition, persons have different levels of sensitivity to noise. (127)

4.   Mrs. Pickett stated her concerns about the cost of labeling, noting that the cost increase
     will be passed on to the consumer who uses price as his parameter for purchase
     decisionmaking.  This has already been demonstrated with the energy-efficiency ratio
     labeling which the consumer does not use because he does not understand it. Further-
     more, the consumer still buys the cheaper product.  (128-129)

5.   Mrs. Pickett urged encouraging the building industry to consider house  design in
     terms of the appliances in the house. (130)

6.   Mrs. Pickett felt that persons who service and install household appliances should be
     educated to consider the surroundings of the appliance. (130-131)
                                         411

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7.   Mrs. Pickett observed that manufacturers are in the best position to do noise level
     research, so that their support is needed. (131-132)
Responses to Questions from EPA Panel:  Mr. Thomas

 8.  Mrs. Picket expressed her concern about the estimated one to two percent increase
     in price that a labeling program would cause.  (141)
Mr. Elkins

 9.  Mrs. Pickett's response to a question indicated that if she was given data to support the
     fact that noise from household appliances causes physiological damage, she would not
     question the \% increase in prices that could be caused by the program. (142)

10.  Mrs. Pickett urged that attention be focused on the effective management of appliances.
77-8-923-CH                            Oral Statement
Tanya Wesley
Student                                1.   Ms. Wesley expressed her reluctance to pay
                                           for the noise abatement program.  (143)

2.   Ms. Wesley argued that the quieter products are higher in price and are not being purchased
     by the consumer. (144)
77-8-924-CH                            1.    Mr. Harris expressed the Case Company's
John Harris                                  support for "reasonable labeling of products
J. I. Case Company                           as to noise levels." (152)

2.   Mr. Harris suggested several factors he considered to be important for the success of the
    program:  the necessity for educated consumers who are aware of the noise program, a
    uniform and repeatable product noise measurement procedure and a situation in which
    manufacturers are allowed to develop quieter products competitively.  (152)

3.   The Case Company recommended that a reasonably permanent label be attached to the
    product, the range of noise levels for a product class not be included on the label, the
    test methodology be included on the label, and that the rating be expressed in dB(A)
    and not an acoustic rating descriptor. (153-154)
                                          412

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 4.  Mr. Harris cited the successful Nebraska program for testing noise emission levels of
     agricultural tractors. As a result of the program, quieter products were produced through
     competition.  (155)

 5.  Mr. Harris felt that a uniform noise descriptor across product classes would be of
     little comparative value, whereas a uniform descriptor within a product class is a
     necessity.  (157-158)

 6.  Mr. Harris indicated that EPA enforcement would not be necessary; industry can police
     itself through competitive testing among manufacturers. (159)

 7.  Mr. Harris suggested that noise reducing products should not be labeled.  (160)
Responses to Questions from EPA Panel: Mr. Elkins

 8.  Mr. Harris elaborated on the Nebraska program, emphasizing the positive impact of a
     uniform standard. (161*162)
Mr. Thomas

 9.  Mr. Harris suggested that if a noise range must be included on the label, it should be
     related to price range.  (167-168)

10.  Mr. Harris expressed opposition to providing a noise range on a product label. Such
     information would be deceptive as far as the availability of all products.  Comparative
     shopping in an area would be more effective. (169-170)
Mr. Feith

11.  Mr. Harris pointed to the market place as an effective mechanism for defining the
     manufacturer's responsibility for the label. (171)
Mr.Ricci

12.  Mr. Harris explained that consumer surveys used in the Nebraska program initially
     indicated a preference for noisy tractors, but the availability of test results created a
     demand for quieter tractors. (175-176)
                                           413

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Dr. Shutter

13.  Mr. Harris asserted that industry protocol and cross industrial testing provide a sufficient
     incentive for compliance with EPA directives. (177)

14.  Mr. Harris advocated the use of the mean value of the noise level and not the maximum
     value. (183)
Mr. Kozlowski

IS.  Mr. Harris favored voluntary action on the part of industry and utilization of the market
     place to obtain compliance.  (185-186)
77-8-925-CH.                           Oral Statement
Eldon Colton
Safety Commissioner                    1.   Mr. Colton elaborated on the experiences his
City of Cedar Rapids                         office has had with noise regulations. Cedar
                                            Rapids had adopted and attempted to enforce
a noise regulation for motor vehicles that was subsequently struck down in court. This action
was taken because there was no legal authority for local regulation of noise. (192)

2.  Mr. Colton stated that his office lacks effective means of enforcement under present
    legislation.  (192-193)

3.  Mr. Colton thought there would be puclic support for a comprehensive noise ordinance
    in Cedar Rapids. (195)
Response to Question from EPA Panel: Mr. Ricci

4.   Mr. Colton stated that a labeling program would provide standards that their department
     could use to enforce legislation. (196-197)
77-8-926-CH  _                         1.   Mr. Bach expressed support for noise abate-
lowa Department of                          ment programs, particularly the labeling
  Environmental Quality                     program. (199)

2.   He stated that a label should contain enough information to allow a consumer to decide
    whether the noise level of a product should influence his purchase decision. (199)
                                         414

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3.   The noise level rating should also be somehow related to the consumer's health and
     welfare. The inclusion of such information would enable the consumer to educate
     himself over a period of time. (200-201)
Response to Questions from EPA Panel: Mr. Cerar

4.   Mr. Bach mentioned a curricula on environmental education that is being developed for
     statewide use, but stated there was no program to educate adults. (202-203)
77-8-927-CH                           Oral Statement
Dr. Claire Kos
Executive Director                      1.  Dr. Kos indicated that he was not speaking
American Academy of Ophthalmology         officially for his organization.
   and Otolaryngology
                                       2.  Dr. Kos noted that increased longevity means
                                           that more persons have hearing impairments.
                                           (210)

3.   Hearing loss is gradual and incremental; once it becomes apparent it is too late to recover
     what has been lost.  (211)

4.   Dr. Kos stated that excessively loud noises may compound physiological weaknesses,  (211)

5.   Dr. Kos noted that, according to scientists, the level of sound found damaging to the
     ears varies due to differences found in human ears.  (213)

6.   Dr. Kos urged the adoption of warnings similar to those present on cigarette packages
     since it is not possible at the present time to predict whose hearing will be impaired.
     (215-216)

7.   Dr. Kos felt that it is impossible to guarantee consumers' safety from products, and
     that the public must be educated to understand the limitations in regulatory judgment.
     (217)
Responses to Questions from EPA Panel:  Mr. Elkins

8.    Dr. Kos noted that the problem of noise in children may have a delayed effect. (219)
                                          415

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Mr. Feith

 9.  Dr. Kos though that intermittent noise could cause fatigue in the ear muscles and
     eventually, hearing loss. (221-222)

10.  As a consumer, Dr. Kos felt that the amount of noise produced by a product is not as
     important a consideration as the quality of the product. (223)
77-8-928-CH
Niel Van Hoef
Iowa Speech and Hearing Association
Oral Statement

1.   Mr. Van Hoef expressed his support for the
    proposed noise labeling standards. (226)
2.   Mr. Van Hoef argued that the media, advertising, and other groups have confused the
     public with respect to noise measurements. Efforts need to be made to standardize
     noise measurements. (226-227)

 3.  Mr. Van Hoef suggested color-coding the acoustic desciptor on the label. (227-228)
Responses to Question from EPA Panel: Mr. Elkins

 4.  Mr. Van Hoef suggested the use of a sound-meter as a good means of educating the
     public about noise and sound intensity. (232)

 5.  Mr. Van Hoef observed that it is impossible to know what other noise levels a person
     has been exposed to during the day.  Since it is possible that hearing damage is the result
     of the cumulative impact of noise, it is important to let the consumer know what the
     noise level of a particular product is. (234)
77-8-929-CH                            1.   Mrs. Sullivan commented on the level of
Judy Sullivan                               hearing impairment present today. An esti-
Consumer Education Coordinator             mated 14 million Americans have suffered
Kirkwood Community College                some type of hearing loss.  The statistics
                                           indicate a serious problem among young
people who have a high rate of high frequency hearing loss.  (236-239)

 2. Mrs. Sullivan expressed support for the labeling program, in addition to labeling regu-
    lations in an attempt to control noise at the source. (239-240)

 3. Mrs. Sullivan stressed the importance of consumer education.  (240)
                                          416

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Responses to Questions for EPA Panel: Mr. Thomas

4.    Mrs. Sullivan emphasized the importance of the public right to be informed of the noise
     level of a product so that a conscious choice is possible.  (242)

5.    Mrs. Sullivan compared the noise problem to other situations where warning labels are
     required to indicate possible dangers to one's health. (243)
77-8-930-CH                           Oral Statement
James Klimes
Safety and Environmental Dept.          1.   Mr. Klimes indicated the Deere Company
Deere and Company                          could support mandated noise labeling
                                            programs "provided they are founded on
           with                             need and administered in a reasonable and
                                            meaningful manner." He urged the use of
Richardson Anderson                         existing voluntary labeling programs and
Attorney                                    the encouragement of new voluntary programs.
                                            (246)

2.    Mr. Klimes stated that Deere and Company promote their products extensively on the
     basis of the noise control measures incorporated into their designs.  (248)

3.    He expressed the Company's concern that EPA is expanding its legislative authority by
     basing the decision of which products to label on individual perceptions and other
     subjectively defined criteria. (289)

4.    Mr. Klimes implied that labeling regulations can only be applied when there is factual
     evidence that a capability for adverse effects exists. (249-250)

5.    The purpose of labeling should be to inform product purchasers of potential adverse
     effects. (250)

6.    Given these constraints, he indicated that Deere and Company could foresee beneficial
     uses of labeling, such as for identifying products capable of adverse effects, as comple-
     mentary to reasonable noise level regulations or as an alternative to product noise level
     regulations. (250)
Responses to Questions from EPA Panel: Mr. Elkins

7.   Mr. Klimes implied that it is difficult to interpret the meaning of "health and welfare,
     and criteria to determine this are not easily established.  (254)
                                          417

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 8.  Mr. Klimes indicated, based on the Congressional Record, that the primary concern of
     Congress at the time of the passage of the Noise Control Act was with noise that could
     produce hearing impairments. (254)
Mr. Thomas

 9.  Mr. Klimes said he would defer but would give some though to whether it should be the
     purchaser or potential user who needed to be given noise information.  (258)
Mr. Kozlowski

10.  Rather than identify classes of products to be labeled, Mr. Klimes indicated that first
     firm criteria for choosing products must be set and that each product must be weighed
     against those criteria. (266)
Mr. Feith

11.  Mr. Klimes responded affirmatively when asked if he would submit a list of the products
     the Deere Company already labels for noise.  (264)

     (See Docket No. 77-8-738 for additional comments and responses to questions from
     EPA panel.)
77-8-931 -CH                            Oral Statement
Marion Leese
American Association of                 1.   Mrs. Leese expressed support for noise abate-
  Retired Persons                           ment. (270-271)

2.   Mrs. Leese compared noisy products to products requiring danger warnings.  (271)
Response to Question from EPA Panel:  Mr. Elkins

3.   Mrs. Leese stated that she would use quietness as one criterion for making a purchase
    decision.  She noted that her new vacuum cleaner is louder than her old one. (272)
                                          418

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77-8-932-CH                           Oral Statement of Charles Edinger
Cleo and Charles Edinger
American Association of                 1.   Mr. Edinger Briefly elaborated on the noise
  Retired Persons                            abatement program. (274-276)

2.   Mr. Edinger expressed his support for the labeling program. (277)
Response to Question from EPA Panel:  Mr. Elkins

3.   Mrs. Edinger responded affirmatively when asked if she had noticed a distinct difference
     between the amount of noise made by various brands of vacuum cleaners, and responded
     negatively when asked if she would be able to determine the quieter product in the
     store.  (277)
Oral Statement of Geo Edinger:

4.   Mrs. Edinger mentioned cars, trucks, trains and motorcycles as being major sources of
     noise in her town. (278-281)
77-8-933-CH                           Oral Statement
Sheila Sidles
Executive Secretary                     1.   Mrs. Sidles stated that noise pollution has
Iowa Consumers League                      been a concern among many consumers she
                                            has spoken with, though it has not been
                                            one of the major concerns. (284)

2.   Regarding noise-reducing products, Mrs. Sidles expressed strong support for labeling
     which indicated the level of effectiveness of the product. She noted that certain products
     are used to block out different noises in different instances. (285)

3.   Mrs. Sidles stated that noise is sometimes necessary for safety, as it indicates that an
     appliance is in operation. (285)

4.   Mrs. Sidles indicated that cost and efficiency are the primary considerations for the
     consumer. (286)

5.   In cases where products can cause hearing damage, labeling is not sufficient. (286)

6.   Mrs. Sidles mentioned the difference between products in duration of use and its
     problems.  (287)
                                         419

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  7.  Mrs. Sidles stated that she was "not sure we are ready for mandatory noise labeling
     and the enforcement that then would come with it."  (287)

  8.  Mrs. Sidles suggested educating consumers concerning noise effects and methods for
     handling noisy appliances.  (288)

  9.  Mrs. Sidles expressed support for voluntary labeling by manufacturers rather than regula-
     tion. (289)
Responses to Questions from EPA Panel: Mr. Kozlowski

10.  Mrs. Sidles stated that one reason for her reluctance to see federal regulations imposed
     is that such action makes an industry less competitive, since entry into the industry is
     made more  difficult for new firms because of increased costs. (292-293)
Mr. Cerar

11.  Mrs. Sidles observed that there are many factors that concern a consumer.  Noise may
     not be a priority, but it is a very real concern, particularly with the increased incidence
     of hearing loss. (294)
Mr. Thomas

12.  Mrs. Sidles urged giving industries a chance to act voluntarily before making a program
     mandatory. (296)
77-8-934                               Remarks from the Floor
Pam Kidd
                                       1.   Ms. Kidd suggested'that as the public became
educated, industry would be forced to regulate itself because of demand.  (297)

2.  Ms.  Kidd pointed out that independent  testing companies are likely to develop as a
    result of demand.  (297)
                                           420

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 77-8-935-CH                           Oral Statement
 Steve Keller
                                       1.   Mr. Keller observed that when industry makes
                                            an addition to a label on its own impetus
 (such as the Universal Product Code) there are few complaints about costs. (300-301)

 2.   Mr. Keller expressed his support for labeling products and regulating products which
     affect a third party.  (301)

 3.   Mr. Keller complained about the noise level of motor vehicles emphasizing the high
     cost and short life expectancy of muffler systems. (303)

 4.   Mr. Keller expressed concern about the noise level he faces as an industrial worker. He
     suggested that certain machines could be isolated and indicated that soundproofing
     materials, such as those present in the office area of his factory, could be added to cut
     down the noise level. (304-306)
Responses to Questions from EPA Panel: Mr. Thomas

5.   Mr. Keller suggested that the label include an indication of how long the product will
     maintain its noise rating. (309)
77-8-936-CH                           1.   Mr. Kammerer expressed Amana's support for
John Kammerer                             the noise labeling program because industry can
Product Manager                             operate better with uniform federal standards
White Goods of Amana Refrigeration           than varying state standards. (313-314)

               with                     2.   Mr. Kammerer pointed out that the goals of
Raymond Bowman                           the noise abatement program might conflict
Vice President of Engineering of               with the energy efficiency goals of the FEA.
  Central and Room Air Conditioning          (314-315)
  Products

3.   Mr. Kammerer pointed out that Federal programs that were originally intended to be
     voluntary, such as the FEA energy-efficiency program, have changed directions rather
     suddenly.  (316)

4.   Mr. Kammerer mentioned two existing appliance industry noise labeling programs: The
     Air Conditioning and Refrigeration Institute sound-rating program and the Association
     of Home Appliance Manufacturers. Both of these programs could meet the four
     criteria of the labeling program established by EPA with minimal effort. (316-317)
                                           421

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Responses to Questions from EPA Panel: Mr. Kozlowski

 5.  Mr. Kammerer stated that the voluntary program for air conditioners, in its present form,
     could not be applied to other products. Similar programs could be developed. (318)

 6.  Mr. Kammerer felt that industry is capable of policing itself. (319)
Mr. Elkins

 7.  Mr. Kammerer indicated that in those instances when Amana does have a sound rating
     for a product, it is not listed on the product itself but on the specification sheets and
     certification directory.  (519)

 8.  Mr. Kammerer felt that  listing the sound rating number on a specification sheet is
     sufficient for central air conditioners. (319-320)

 9.  Mr. Kammerer expressed Amana's willingness to provide the noise rating on labels for
     products, though he added that the testing facilities are largely occupied by energy
     testing at the present time. (320)

10.  Mr. Kammerer stated it  was his experience that consumers are becoming increasingly
     concerned about energy, particularly as energy costs increase. Consumers do utilize
     energy labels.  (320)

11.  Mr. Kammerer indicated EPA's responsibility to educate the consumer to use the
     label  (322)
Mr. Feith

12.  Mr. Bowman, a colleague of Mr. Kammerer, indicated that the noise rating number
     provided on the specification sheet is not explained on that sheet, though such information
     is available. The consumer is not furnished with information on room air conditioners.
     (327)

13.  Mr. Kammerer argued that if the public demands information on noise, the industry is
     likely to provide it in a more accessible fashion.  (328)
                                         422

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77-8-937-CH                           Oral Statement
Kenneth Truce
                                       1.    Mr. Truce expressed concern with the level of
noise pollution found in all areas of the country. (332-333)

2.  He observed that many Americans are seeking peace and quiet, though it is difficult to
    find. (334-335)

3.  Mr. Truce mentioned the situation where a person uses air conditioning as a means to
    block out noise and filter the air. (336-337)

4.  Mr. Truce expressed support for regulations but noted that industry tends to resent
    regulations while consumers resent paying for them.  (337-338)

5.  Mr. Truce argued that consumers have a right to have noise information available, while
    his experience with lawnmowers and refrigerators has indicated that it is not readily
    available. (339-340)

6.  Mr. Truce stated that noise increases stress on people. (341)

7.  Mr. Truce argued that an educational program is needed.  (341)

8.  Mr. Truce suggested that noise demonstration in stores are unreliable, since a large
    part of noise is contingent on the environment.  (345)
77-8-938-CH                           1.   Mr. Dykstra submitted a report entitled
Dan Dykstra                                "Silencing the Roar-Should Iowa Enact
Student                                     Noise Control Legislation?" which was
University of Iowa Law School                written for the Iowa Senate Transportation
                                            Committee. (353)

2.   Mr. Dykstra stated that he had worked on the report as a member of the Senate Majority
     Research Staff at the Iowa State Capitol. (353)

3.   Mr. Dykstra stated that noise not only has physical effects, but emotional, social and
     economic effects as well. (354)

4.   Mr. Dykstra stressed the importance of considering household noise in addition to
     environmental noise. Noise in the home adds stress to the lives of the family, who usually
     return home to escape stress. (354-355)
                                        423

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5.    Mr. Dykstra mentioned that his recommendations lean toward "demanding industry to
     quiet the goods." (355)

6.    To effectively control noise, Mr. Dykstra suggested four steps:

     a.   Establishment of comprehensive national regulations for household products that
         make noise. These regulations should be attainable by manufacturers. (355-356)

     b.   Adherence to the established regulations. (356)

     c.   Education of the American people about noise in general. (357)

     d.   Enforcement of all regulations, through a program which might include the
         voluntary participation of households. (357)
Responses to Questions from EPA Panel: Mr. Thomas

7.   Despite Mr. Dykstra's confidence in the American public, he did not believe that they
     would utilize noise rating schemes because such schemes are difficult to understand.
     (360-361)
77-8-939-CH                           Oral Statement
Lee Fisher
Grant Wood Area Education             1.   Mr. Fisher indicated that his association has
  Association                               hearing records for 5,100 school aged students,
                                            7 percent of whom have experienced some
sort of hearing loss.  Of those persons, 40 percent have high frequency hearing loss, with the
severity of loss varying widely.  (365-366)

2.   Mr. Fisher stated his belief that there is a direct relationship between noise exposure and
     the hearing losses suffered by children. (367)

3.   Mr. Fisher categorized noise sources: noise present in the household due to household
     appliances, noise due to household tools, and noise to which exposure is voluntary,
     such as recreational equipment or stereos.  (367-368)
                                          424

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4.   Mr. Fisher indicated that high frequency hearing loss affects a person's ability to
     discriminate between sounds and can be quite serious.  (369)

5.   Mr. Fisher indicated that the Grant Wood Area Education Association was finding
     students whose ability to study was affected by this type of hearing loss.  (369)
Responses to Questions from EPA Panel:  Mr. Kozlowski

6.    Mr. Fisher suggested that labeling would help increase public awareness, but it was
     more important to establish maximum sound levels on products that are affecting
     the hearing levels of children.  (370)
Mr. Cerar

7.   Mr. Fisher indicated that minor hearing loss in a child may become very serious as the
     child reaches adulthood. (371-372)
Mr. Feith

8.    Mr. Fisher stressed the importance of making the consumer aware of the frequency
     range of a product, an element not included in the dB(A) measurement.  (373-374)
                                          425

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                         SAN FRANCISCO HEARING

77-8-940-SH                            Oral Statement
James Shone
Citizens Against Noise                   1.   Recommended that any labeling program be
Hawaii                                     accompanied by an effort to inform the public
                                           about the harmful effects of noise. (12)

2.   Mr. Shone suggested some kind of rating  for housing units themselves that would inform
     purchasers about noise properties of design and construction. (13)

3.   Effective noise labeling should include some indication "when  a hazardous threshold is
     crossed." (15)

4.   Mr. Shone supported labeling of certain products (cars) both as a whole and also with
     respect to their noise-producing components.  (17)

5.   Recommended color code for label with red being above 70 dB(A), yellow being between
     50 and 70 dB(A), and green being under 50 dB(A). Mr. Shone  also preferred, in addition
     to the color, an appropriate description such as 'Very noisy."  (18)

6.   Mr. Shone suggested that labels be permanent, that warning lights be used on radio and
     stereo equipment, that noise information be required on advertising, and that range
     information be retained as in the sample label. (19-21, 58)

7.   Mr. Shone opposed testing and export exemptions. (22)

8.   Mr. Shone suggested products for labeling: typewriters and office equipment, high
     frequency emitting equipment, toys, air conditioners, blenders, hair dryers, saws, power
     tools, compost grinders, garbage disposals, dishwashers, refrigerators, etc.  (23-26)
Responses to Questions from EPA Panel:  Dr. Shutter

9.   Mr. Shone believes strong federal enforcement is needed rather than relying on industry's
     self-policing. (27)

10.  Mr. Shone recommended that in labeling a product  the maximum value of a series of tests
     be used for the rating instead of the average value. (29)
Mr. Kozlowski

11.  Mr. Shone recommended labeling in addition to emission standards for autos, garbage trucks,
     buses, etc. (32)
                                        426

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Mr. Elkins

12.  According to Mr. Shone, one purpose of the product labels is to facilitate enforcement
     by local officials, who can simply check a vehicle's noise label. (37)
Mr. Thomas

13.  Mr. Shone encouraged the incorporation of some type of noise warranty, or acoustical
     assurance period, into the label or other sales literature-suggesting the possibility of a
     two-year warranty period.  (45-46)

14   Mr. Shone saw no major problem in having labels permanently affixed to the product,
     except for acoustic tile and esthetic considerations. (53-54)

15   Mr. Shone indicated that companies do not provide consumers with information on the
     noise levels of their products.  (60-62)

16.  Mr. Shone noted there may be a serious problem caused by multiple labels. (61-63)
Mr. Feith

17.  Mr.  Shone noted that the quality of sound, affected by its periodicity or degree of
     intrusion, is a factor to consider in a labeling program, and mentioned possibility of
     incorporating sound quality into the rating scheme. (65-66)

18.  Mr.  Shone discussed the problem of using a color code when there may actually be two
     noise measurements of importance-at the operator's ear and some distance away.  (67-69)
Mr. Ricci

19.  In response to a question concerning the noise rating on the label, Mr. Shone stated that
     a 1 to 10 scale might be 'Very good," but also mentions the need for a word descriptor
     such as "very noisy." (71-72)
                                          427

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77-8-941-SH                            Oral Statement
Robert Friese
Chairman of Task Force on Noise Control  1.   Mr. Friese expressed support for the labeling
San Francisco                               program and the idea of color coding.  He noted
                                            that duration of noise is an important factor to
     with
                                            consider in developing a noise rating, and
Cormac Brady                               mentioned Dr. Karl Kryter as a source  of exper-
Senior Mechanical Engineer                   tise in this area.  (80-82)
San Francisco Department of Public Works
                                        2.   Mr. Friese believed that the label should be per-
     an(*                                    manent, since this would assist enforcement
Officer Richard Podisco                      of locaj ordinances. In some cases, however, such
San Francisco Police Department              ** household appliances, a permanent label may
                                            not be practical. (83-84)

Responses to Comments from EPA Panel: Mr. Feith

3.   To assist enforcement, a decibel rating is needed, according to Mr. Brady. He also  mentioned
     how the labeling program could benefit local enforcement efforts, particularly with
     reference to construction equipment (e.g., on-site checks, evaluating degradation).  (87-92)
Mr. Ricci

4.   With respect to the issue of how to affix a permanent label to a muffer, Mr. Podisco indi-
     cated that a stamping operation is required, with the number or lettering protruding
     outward to prevent counterfeiting. Also, a heat-resistant paint could be used for the
     muffler label's color code.  (96)
Ms. Jordan

5.   Mr. Friese discussed his group's public relations efforts, which included a noise annoyance
     survey indicating that vehicular noise (buses, motorcycles, and trucks) elicited the greatest
     number of complaints.  (96-102)
Dr. Shutler

6.   Mr. Friese preferred that the label's noise rating be derived from the maximum level a
     product of a given type could emit rather than from an average number. (103-104)

7.   Mr. Friese indicated that sirens should not be labeled; Mr. Brady noted that most complaints
     were about the electronic siren, which was actually  not the noisiest but had the most annoying
     quality. Mr. Friese commented that it would be a mistake to limit the rating to dB(A)'s and
     ignore the quality of the noise.  (105-107)
                                         428

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77-8-942-SH                            Oral Statement
Gerald E. Starkey
Santa Clara County                      1.   Mr. Starkey expressed support for the labeling
Environmental Management Agency           program and nominated the air conditioner as
                                           a primary candidate for noise abatement action.
He noted that, with many people keeping their windows open and with typical installation
conditions, the air conditioner poses a "formidable community problem." (110-113)
Responses to Questions from EPA Panel.  Dr. Shutler

2.   Mr. Starkey thought EPA labeling would provide incentive beyond the voluntary ARI
     system in influencing ARI manufacturers'noise reduction efforts. (115)
Mr. Feith

3.   Mr. Starkey, when asked to comment on label content, noted that a good approach was
     to include a statement which notes the noise emitted by a quiet refrigerator or another
     familiar product-a measurement that could be easily compared with the noise rating of the
     product being purchased. (119)

4.   Mr. Starkey listed common noise complaints: air conditioners, pool systems, and motor-
     cycles. He will supply a more complete list at a later date.  (119-121)
                                        429

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77-8-943-SH                            Oral Statement
Judy Barnett
Concerned Citizen                      1.   Mrs. Barnett expressed support for labeling program
                                            and commented on the results of her recent
                                            research. (124-125)

Responses to Questions from EPA Panel: Mr. Elkins

2.   She stated that homemakers would use the label information when purchasing certain
     products. (127)

3.   Mrs. Barnett suggested a public education program using magazines, newspapers, and
     the local school system. (128)

4.   Mrs. Barnett noted that she could not find information about the noise levels of
     vacuum cleaners, refrigerators, blenders, and similar products. (129, 139-140)
Mr. Thomas

5.   She listed products representing priority items for labeling:  motorcycles, blenders,
     garbage disposals, and vacuum cleaners. (130)
Mr. Ricci

6.   Mrs. Barnett preferred using decibels on the label, didn't want a rating scheme which
     makes comparisons between dissimilar products, and wanted a permanent label.
     (133-135)
Ms. Jordan

7.   Mrs. Barnett indicated that it would be useful if a brochure accompanied the product,
     explaining how the noise measurement was taken, e.g., whether ice cubes or spinach
     were being ground by a blender.  (136)
                                          430

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77-8-944-SH                           Oral Statement
Eric Mankuta
Director of Senior Citizens Community    1.   Mr. Mankuta described the deleterious effects
  Service Employment Program               of noise pollution on the elderly. (140-143)

Response to Question from EPA Panel:  Mr. Hkins

2.  Mr. Mankuta believed from his own observations that the elderly have greater difficulty
    sleeping than others and are easily disturbed by environmental noises. (143)
77-8-945-SH                           Remarks from the Floor
Marion Lockwood
Concerned Citizen                      !•   Ms. Lockwood complained about the noise
                                           from general aviation, military aircraft, and
                                           leaf blowers. (143-149)
77-8-946-SH                           Remarks from the Floor
James Smith
Concerned Citizen                      1 •   Mr. Smith expressed support for the labeling
                                           program. (151)

2.   He felt the label should incorporate some type of comparative information to facilitate the
     learning process about dBA's.  (152)

3.   Mr. Smith urged that the subjective quality of the sound be considered in the development
     of a noise rating through the evaluation of a panel of noise experts. (153)
77-8-947-SH                           Remarks from the Floor
Robert Haehnel
Concerned Citizen                      !•   Mr. Haehnel commented on the hazards of
                                           stereo equipment (e.g., speakers and headsets),
suggested they be labeled, and recommended a warning statement similar to the one on cigarette
packages. (154-155)

2.   Mr. Haehnel commented about the excessive noise at rock concerts and recommended
     some kind of warning at the entrance or on the admission ticket  (157)
                                      431

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77-8-948-SH                            Oral Statement
Edward Lowe
California State Department of Health     1.   The Office of Noise Control of the California
                                            Department of Health supports the EPA in its
attempts to alert and inform consumers about the noise characteristics of products. The program
will also assist local noise enforcement by providing noise emission ratings on products, according
to Mr. Lowe. (164)

2.   Mr. Low indicated that there was a conflict between the Background Document and NPRM
     concerning label content and suggested that Area C contain two statements-one being
     the ranee data, the other stating the noise level at which there is interference with speech.
     He suggested that the "interference message" should use a single dBA value which is at the
     safe (or lower) end of the range where such effects are experienced. Mr. Lowe also sug-
     gested a similar interference message focusing on third-party effects, where the product
     is likely to have an impact on neighbors, e.g., power lawnmowers and chain saws.
     (165-166)

3.   Mr. Lowe recommended that information be provided which describes the total noise
     reduction effect when one product is used in combination with another product (e.g.,
     mufflers and motorcycles). (16.7)

4.   The noise rating label or brochure for air conditioners, filter systems for swimming pools,
     and other products should indicate (1) noise ratings of similar products; (2) expected
     ratings near the source; (3) ratings under installation conditions; (4) expected ratings
     at a specified distance from noise source; and (5) noise levels in neighbor's yard. (167)
Responses to Questions from EPA Panel: Ms. Jordan

5.   Mr. Lowe described his office's public education activities.  (170-171)
                                        432

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77-8-949-SH                            Oral Statement
Thomas Woods
President of Aural Technology            1.   Mr. Woods, manufacturer of protective hearing
(Insert into Docket 77-5)                     devices, expressed support for the labeling pro-
                                           gram and described a case where a person
exposed to noise at a recording company suffered extreme hearing loss.  (178-179)

2.   Mr. Woods expressed concern about the lack of interagency coordination and thus the
     difficulty of satisfy ing different regulations.  He also expressed concern about the
     economic impact of the testing costs and objected to the authority of the Administrator
     to order a compliance audit even when there was no evidence of non-compliance. (180-183)

3.   Mr. Woods described the content of his company's proposed brochure.  He stated that a
     pressure-sensitive label which could be peeled off would cost about 3 cents per unit-a
     reasonable price for a device costing S5.03/unit The cost of printing the sample brochure
     he showed to the panel would be less than VA cents per unit, based on printing 100,000.
     Costs for preparing camera-ready copy and graphics would be about $10,000, of which
     $7,500 would be  non-recurring expenses. The label could be done economicafly, he
     asserted.  His label also contained information on how to properly use the ear protectors.
     (183-187)
Responses to Questions from EPA Panel:  Mr. Thomas

4.   Mr. Woods suggested that most companies in the hearing protective device industry would
     not be reluctant to publish the noise attenuation properties of their products on a label,
     though he admitted some would hesitate to do so. (190-192)

5.   Mr. Woods suggested that the "label" information be required in advertisements directed
     at industrial consumers of hearing protectors. (193)

6.   Mr. Woods said the name of the company which introduces the product into commerce
     should be on the label and not the original manufacturer. Annual reports represent a
     means of tracking down the true manufacturer. Mr. Woods responded negatively when
     asked if he saw any problem in repeating the company's name both on the packaging
     and on the label. (196-200)

7.   Mr. Woods felt the EPA logo  should be on the label but noted that this carries with it
     an  explicit endorsement of the validity of the information by EPA. (201-202)

8.   He suggested that it is important for EPA to require on the label information about the
     likely degradation of the attenuation  capabilities of hearing protective devices. (204-206)
                                       433

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77-8-950-SH                            Oral Statement
Dr. Henry Schmitz
Audiologist, Hearing and Speech Center   1.   Dr. Schmitz noted that the American Speech
   of Orange County                         and Hearing Association supports the labeling
                                            program. (208)

2.   Dr. Schmitz recommended that the program focus initially on products used by children:
     firecrackers, cap guns, minibikes, air horns, etc. He said high frequency hearing loss in
     children is well documented and highly disturbing.  In his opinion, an aggressive educa-
     tional program directed at school-age children is a definite; "must." (209-210)

3.   There are measurement problems with respect to air horns; the angle of incidence and
     distance from the noise source are key factors. Any labeling requirements should con-
     sider factors such as distance and duration in addition to dBA's. According  to Dr.
     Schmitz, accurate measurement of air horn noise requires a storage oscilloscope, probe
     microphone, and a reflective and reverberant environment. (210-212)
Responses to Questions from EPA Panel: Mr. Kozlowski

4.   Dr. Schmitz did not include stereos on his list of dangerous products, because the nature
     of the hazard depends greatly on how the product is used—for example, distance from
     loudspeakers and duration of listening are key.  He claimed most children are not exposed
     to rock music long enough to present a serious problem. In sum, the difficulty of taking
     into account these variables argues against labeling stereos. (214-216)
Mr. Feith

5.   Dr. Schmitz recommended that EPA concentrate on children's toys and adopt a hard-line
     approach, because of the possibility that infants are "more sensitive to noise-induced
     hearing loss and acoustic trauma than adults." For toys, he suggested the inclusion of
     a general statement on the label such as: "Beware of the fact that the infant's hearing
     is very sensitive and can be damaged by toys that make a lot of noise, such as this one."
     Manufacturers should also indicate the amount of time the toy can be used safely.
     According to Dr. Schmitz, the danger level for children should be much lower than for
     adults, i.e., in the area of 65 dBA's. (217-222)
Mr. Thomas

6.   Dr. Schmitz mentioned other products posing a serious health hazard for the operator
     due to their noise emission levels: snowmobiles, tractors, saws, diesel trucks (for
     mechanics), jack hammers, and shredders. (220-221)
                                          434

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77-8-951-SH
James Adams
Environmental Protection Officer
City of Boulder, Colorado
Oral Statement
1.
                                           Mr. Adams described noise ordinances and enforce-
                                           ment procedures in Boulder, Colorado. The city
                                           addresses two areas of noise control:  vehicular and
non-vehicular.  For vehicles under 10,000 Ibs., 80 dBA is the maximum permissible level, while
88 dBA is the limit for vehicles over 10,000 Ibs. (226-229)

2.   Mr. Adams described "soft fuzz" enforcement approach, where the city recommends dismissal
     of summons if the vehicle is brought into compliance.  (229-230)

3.   Of 3,882 summons issued, 2,950 (76 percent) were for automobiles; 815 (21 percent) for
     motorcycles; and 116 (3 percent) for trucks. In 95 percent of the cases, the vehicle was
     brought into compliance. The vast majority of auto complaints were due to non-stock
     exhaust system components-glass packs (2,383) and side pipes (481). (230-231)
4.   Mr. Adams outlined results of citizen noise surveys conducted in 1969 (221 responses),
     1972 (841), and 1975 (1,221). Noise sources eliciting the greatest number of complaints
     in 1969 were as follows (starting with the worst offender):
     1.   Motorcycles
     2.   Motorbikes
     3.   Barking dogs
     4.   Automobiles
     5.   Jet planes

     1972 Survey Results:

     1.   Motorcycles
     2.   Trucks
     3.   Automobiles
     4.   Barking dogs

     1975 Survey Results:

     1.   Motorcycles
     2.   Traffic
     3.   Barking dogs
     4.   Power mowers

     (232-233)
6.   Rock Bands
7.   Large trucks
8.   Lawnmowers
9.   Chain saws
5.   Buses
6.   Sirens
7.   Stereos
8.   Aircraft (all categories)
5.   Stereos
6.   Dishwashers
7.   Chain Saws
8.   Vacuum cleaners
                                         435

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5.   Mr. Adams discussed the problem of motorcycle noise.  He felt the components of motor-
     cycle exhaust systems should be labeled—both stock and after-sale accessory items.  As
     far as stock equipment is concerned, the manufacturer's I.D. on the label can refer to the
     company introducing the total product into commerce—for example, Harley Davidson.
     However, for after-sale accessory items, the original manufacturer's name is definitely
     needed on the label.  (234-235)

6.   Mr. Adams commented on the equipment responsible for excessive automobile noise—glass
     packs and side pipes. (235-238)

7.   Mr. Adams prioritized items requiring labeling or noise abatement action (worst is first):

     1.   Motorcycle exhaust system      4.    Power equipment (chain saws, edgers, etc.)
         a.  Stock items               5.    Home appliances (vacuum cleaners)
         b.  After-sale accessory items  6.    Sound power amplifier
     2.   Automobiles                  7.    Aircraft
         a.  Glass packs                    a.   Concorde
         b.  Side pipes                      b.   FAR 36 jets
         c.  Extractors                     c.   General Aviation
     3.   Barking dogs                  8.    Large trucks

     (235-239)

8.   Mr. Adams made a series of recommendations concerning labels for:

     1.   Exhaust system components (mufflers)
         a.  Type (glasspack, steel baffles, etc.)
         b:  Engine size (displacement, e.g., not to exceed 350 cu. in.)
         c.  Use (singly or in pairs)
         d.  dBA Reading (	@	feet)
         e.  Life expectancy (number of months)
         f.   Penalties for misapplication

     2.   Motorcycle exhaust systems
         a.  Type (stock systems, after-sale accessory systems, baffle sets)
         b.  Engine size and type (for use on:	)
         c.  Life expectancy

     3.   Power equipment
         a.  Engine size
         b.  Engine stroke
         c.  Degradation
                                      436

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     4.    Sound power amplifiers
          a.   Warning about hearing damage
          b.   Outdoor versus indoor use

     5.    Aircraft
          a.   In-cabin noise level

     (241-247)

9.   Mr. Adams urged the use of dBA for the descriptor in order to further consumer learning.
     (242)
Responses to Questions from EPA Panel: Mr. Ken

10.  Mr. Adams commented that the label on motorcycles would assist monitoring at the
     annual state vehicle inspection.  In relation to issuing citations, the label might
     help identify violators but a measurement would still be taken by the officers. (249-50)

11.  Mr. Adams agreed with Mr. Kerr that the label for motorcycle exhaust system components
     should include the name of the manufacturer of the bike on which the muffler would apply.
     (250)
Mr. Cerar

12.  According to Mr. Adams, the majority of violators who have glass packs and side pipes
     on their automobiles are actually trying to increase their vehicle's noise level. (251)
Mr. Feith

13.  Mr. Adams noted that construction equipment noise labels would assist enforcement
     efforts by telling the officer what level of noise the product should be emitting.fand
     thereby making possible the determination of whether or not a new exhaust system would
     be one way of reducing noise emissions. (256-257)

Mr. Ricci
14.  Mr. Adams suggested a permanent label on mufflers, which should somehow be placed
     in an area that is clearly visible to an enforcement officer. (258)

Ms. Jordan
15.  Mr. Adams described Boulder's public education campaign.  (258-260)
                                      437

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77-8-952-SH                             Oral Statement
Dennis Paoletti
Paoletti/Lewitz/Associations              1.   Mr. Paoletti expressed support for the labeling
                                            program and the proposed label, but suggested
                                            that a color code be used. (268-269)

2.   He expressed support for a permanent label.  (270)

3.   Mr. Paoletti recommended that the labeling program include as one of its objectives the
     elimination of false, unsubstantiated noise-related claims of manufacturers.  (270)

4.   Mr. Paoletti recommended labeling for the following products:  typewriters, vending
     machines, other office equipment, suspended ceilings, fixed wall systems, doors, and
     windows. He commented that the testing procedures of ASTM suffer from  the signifi-
     cant acoustical difference between a laboratory setting and the real office environment
     When a component is used in conjunction with other labeling products, Mr. Paoletti noted
     the Sound Transmission Class value is useless. (217-273)

5.   He suggested a phased program of labeling, beginning with the more easily-rated products
     (e.g., household appliances) and moving later to large, complex pieces of equipment and
     building materials used in combination with other materials. (274)
Responses to Questions from EPA Panel:  Mr. Thomas

6.   In relation to acoustic tile and building material, Mr. Paoletti suggested the need for a sim-
     plified noise rating directed at consumers and the products they use rather than one for build-
     ing engineers and designers if the consumer does not need a rating on such material. (278-280)
Mr. Feith

7.   Mr. Paoletti commented on the limited utility of manufacturers' ratings of building
     materials, due to the manipulation of measurement methodologies. He suggested EPA
     develop a uniform rating method and monitor the testing of products.  (284-285)
Mr. Kerr

8.   Mr. Paoletti acknowledged the potential benefit of acoustic tile noise-reduction ratings to
     the individual consumer. (288)
Mr. Kozlowski

9.   Mr. Paoletti indicated that testing became "a numbers game," where competitors respond by
     further manipulating testing conditions to attain a better rating. (289)

                                        438

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77-8-953-SH                             Oral Statement
Al Perez
Minnesota Pollution Control Agency       1.   Expressed support for the labeling program,
                                            commenting that present market does not
allow the individual to make intelligent product choices. (290)

2.   Mr. Perez noted there are extreme abuses associated with manufacturers' use of noise
     measurement data. (291)

3.   Mr. Perez stressed the importance of guarding against a misinterpretation of the label
     which equates the EPA logo with certification or approval of the product's noise level.
     (291)

4.   Mr. Perez suggested using dBA's, which can be understood by the public, for the rating
     on the label, but not "sound pressure level" which is "not contained in the weighting."
     He indicated that sound power levels require extensive testing facilities and are therefore
     meaningless to local enforcement officials. His preference is for "sticking to a simple
     dBA versus distance scheme." (292-293)

5.   Mr. Perez stated that air conditioners should be a first priority for labeling and expressed
     support for permanent labels and a color code. (291-293)

6.   Mr. Perez commented  on the fraudulent activities of testing labs and the tendency for
     manufacturers to choose ideal products for testing. (296-297)

7.   Mr. Perez opposed (1) the provision for 24-hours prior notice before entering manufacturing
     facilities for compliance testing and (2) the need for a "substantial" infraction before
     remedial action is taken. He believed these provisions are too lenient.  (297)

8.   Mr. Perez suggested that to facilitate the selection of products for labeling action, a matrix
     be developed which organizes products by the following categories:

     1.  Those affecting the user only, those affecting the receiver only, and
         those affecting both.
     2.  Stationary versus non-stationary sources.
     3.  Constant operation versus intermittent operation.

     (298)

9.   He listed various products presenting noise problems:  air conditioners, air-moving equipment,
     outdoor power equipment, off-the-road vehicles, mufflers, snowmobiles, acoustical materials,
     doors, windows, toys (e.g., "Raw Power"), sirens, etc. (299-303)
                                        439

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 10.  He recommended that EPA postpone the difficult issue of product degradation until a
     later date. (302)
Responses to Questions from EPA Panel: Mr. Kerr

11.  Mr. Perez responded that the labels would greatly assist local enforcement efforts.  He
     also said the label should include a statement that reads:  "for information purposes
     only," so there is no implication of an EPA endorsement of the noise level. He empha-
     sized that EPA should assure the label information is accurate, since its logo implies an
     endorsement of the data's accuracy. (307-311)

12.  Mr. Perez commented that if the testing methodology is simple, local officials can assist
     in monitoring the label ratings for accuracy.  (313)

13.  He expressed opposition to the idea of a statement on the label in lieu of the EPA logo,
     which says the rating was determined through a test required by EPA. Also, he felt that
     a strictly-enforced program with few products was preferable to a weak program requiring
     labels on numerous products.  (313-315)

14.  Mr. Perez recommended the labeling of non-powered equipment that serve essentially
     the same function as powered equipment, when the latter is made subject to labeling.
     (318)
77-8-954-SH                            Remarks from the Floor
Mr. and Mrs. Crazier
French Laboratory                      1.   Mr. Crozier, a manufacturer of custom-molded
                                            hearing protectors, suggested that labeling take
into account factors like comfort, hygiene properties, and the appropriate fit. He noted that
an attentuation rating based on laboratory subjects is meaningless (and misleading to consumers),
since there are variations hi the structure of the human ear and protectors will not function
properly unless they are built to correspond to these variations. (325-326)

22. Mr. Crozier suggested a statement for the label (or brochure) which emphasizes that the
    amount of attenuation an individual will derive from the product is based on a proper fit.
    Factors-affecting the "fit" are ear canal configuration, haircut, eyeglasses, etc.  (330-332)

 3. Throughout Mr. Crozier's discussions with EPA panel members, questions were raised about
    the validity and reliability of test procedures used by laboratories to rate hearing protectors
    (e.g., ASA 1-1975). (326-334)
                                          440

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4.   Mr. Crozier explained that even if certain information cautions the user about the need
     for a proper fit, there are serious problems because of the average person's ignorance
     about what constitutes a "proper fit." (336)

5.   Mrs. Crozier suggested there may be a serious problem raised by fraudulent activities of
     test labs, working in collaboration with manufacturers.  (341)

6.   Mrs. Crozier cited the problem of an inaccurate label remaining on a product which has
     undergone repairs affecting its noise properties. (343)
77-8-955-SH                             Oral Statement
Dr. Michael Kavanaugh
Public Interest Economics Center          1.   Dr. Kavanaugh felt that because of the increasing
                                            sales of noise-emitting products and  the energy-
related movement of persons to densely populated areas, the costs of noise in terms of productivity
losses would increase in the future. Also, many on-the-job accidents and their costs can probably
be attributed in part to the disruptive, annoying impact of noise.  (349-350)

2.   Therefore, Dr. Kavanaugh felt that the provision of information about noise via  a label,
     though it may exact some costs, will help to make the market mechanism operate more
     effectively. (351)

3.   Because of the externalities associated with noise, Dr. Kavanaugh recommended a
     system of taxes  that will raise the prices of noisy goods and make the consumer  pay the
     full costs of the  product. His position was that a tax system has many advantages over
     a labeling program. (353-354)
                                           441

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           APPENDIX B
INDEX OF WRITTEN DOCKET SUBMISSION
   AND PUBLIC HEARING TESTIMONY

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                INDEX OF WRITTEN DOCKET SUBMISSIONS
Docket No.                        Person                     Organization
77-8-001                   Larry Woods
    002                   Leona and Karl Wflhelmsen
    003                   Richard Grunow
    004                   Horace MacMahan
    005                   Mrs. Peter Hullin
    006                   Rhonda Beasley
    007                   Burt Fisher
    008                   John Statler
    009                   Vann Ellis
    010                   Jose Aspitarte
    011                   Jack Cirrencione
    012                   Archie Frank
    013                   Chester and Edna Darnell
    014                   Mrs. W. W. Lynch
    015                   Mrs. Arthur Klavans
    016                   Charles Wilson
    017                   Helen Williams
    018                   Phyllis Roberts
    019                   Charlotte Ackley
    020                   Glenn Kiringer
    021                   Parks Ladd
    022                   Daryl Schroder
    023                   John Cutshall
    024                   JonHelberg
    025                   Robert Northrop            City of Trenton
    026                   Kenneth Piercy
    027                   Dennis Kortman
                                       445

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DocketN°-                         Person                    Organization
7 7-8-028                   Dodie Wheeler Haus
    029                   James Mogan, Ted Richardson
    030                   Mrs. E. G. Koch
    031                   Freda Bertagnoli
    032                   Dan Olsen
    033                   Ruth Jubach
    034                   Edward Golick
    035                   Joseph Shepherd
    036                   Thomas Evans
    037                   Thomas Erickson
    038                   Allan Callander               Astrocom Electronics
    039                   E. R. Milholen
    040                   L. Risnain
    041                   Emmett Joseph
    042                   Disgusted Citizen
    043                   Concerned Citizen
    044                   Reba Roberts
    045                   C. Schuster
    046                  W.M.Wilson
    047                  Mary O'Neal Broida
    048                  Frank Ecklin
    049                  Joe McCartney
    050                  Larry Bernstein
    051                   Morris Tenenbaum
    052                   John Connolly
   053                   Patrick Holychuk
   054                   John Race
   055                   Robert Casper
   056                   Jack Ruefseaun
   057                   Leonard Hernog
   058                   James Bogar
                                      446

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Docket No.
         Person
        Organization
77-8-059
    060
    061
    062
    063
    064
    065
    066
    067
    068
    069
    070
    071
    072
    073
    074
    075
    076
    077
    078
    079
    080
    081
    082
    083
    084
    085
    086
    087
    088
Mrs. David Butler
France Ledford
Anna Moss
Mrs. R. A. McDonals
Daniel Shoemaker
Hunter Heath
Raymond Mahr
Earl Benham
E. A. Paklke
Shiryl Mastalesh
Mrs. Vemon Wall
J. E. Lilly
Marie Harrington
Lawrence Bates
Velma Bredberg
George Christensen
John Betzo
Dorothy Stewart
Dr. Audrey Oaks
Anita Rhein
James Dickey
Mrs. Alice Banner
Mary Zaehringer
Clifford Roth
Mrs. Douglas Nock
E. M. Dunbar
Illegible
Harley Reabe
B. M. Rathbun
James V. Neely
James Neely Nuclear Power Con-
sultants, Inc.
                                       447

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Docket No.
         Person
Organization
77-8-089
    090
    091
    092
    093
    094
    095
    096
    097
    098
    099
    100
    101
    102
    103
    104
    105
    106
    107
    108
    109
    110
    111
    112
     113
     114
     115
     116
     117
     118
     119
Mr. and Mrs. George L. Morgan
Esther Schneider
Marietta Smith
Paul Gitchel
Violet Taylor
John W. Griffiths
Syma Talvitic
Philip Ritter
Dr. Stephen Konz
Sam Earl Esco, Jr.
Lloyd Doyle
Sherwin Wood
Lester Moore
George Hinsdale
Mrs. Herbert Layman
L. C. Veterseher
Unsigned
Eilean Brain
Fernando Curth
Norman Quinn
Phil Brown
Leola Edgerton
Mildred Guinessy
Mrs. Clark
Joseph Anderson
Margarette  Gallagher
A. Mauk
Morris Barnes
Albert Mastee
Paul Dici
Sally Ann Button
                                  448

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Docket No.
77-8-120
    121
    122
    123
    124
    125
    126
    127
    128
    129
    130
    131
    132
    133
    134
    135
    136
    137
    138
    139
    140
    141
    142
    143
    144
    145
    146
    147
    148
    149
          Person
 David Benforado
 Mrs. and Mrs. F. Miller
 C. B. Link
 Kenneth Young
 Susan Britt
 William Bering
 Mrs. Norman Solomon
 John Critchley
 Harry Freeman
 Dorothy (Illegible)
 Theresa Wright
 Mary Neuman
 M. L. Brubaker
 Arthur Simpson
 Harry Rocco
 F. Schoelich
 Mrs. J. O'Brien
 Kathleen Canzaro
 Marc Prass
 John Gardner, M.D.
 Mrs. George (Illegible)
 Burt Collins
 Ray Chapman
J. M. Breiburger
AnneBalas
 Robert D. Barnes
 R. L. Hastueau
Allen H. Shiner
Lee Nolfe
Rodger Ringham
       Organization
 3M Company
Shiner Associates
International Harvester
                                      449

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Docket No.
         Person
    Organization
77-8-150
     151
     152
     153
     154
     155
     156
     157
     158
     159
     160
     161
     162
     163
     164
     165
     166
     167
     168
     169
     170
     171
     172
     173
     174
     175
     176
     177
     178
     179
G. Bailie
Mrs. Hugh McKenna
H. W. Wehe
Unsigned
Hazel Spitze
Louise Green
Dorothy Brohe
Harry Harper
Mary Deysher
Thelma Smith

Joanne Gerety
Mrs. Albert Huber
Mrs. Anne Plucks
Mrs. D. Fisher
E. J. Kozminski
R. J. Roney
Mrs. W. Marshall
Mrs. Roger Balgard
Lucille Williams
Mrs. Herman LaDay
Michael Percy
Gina Powell
Phyllis Kozewski
Kathrine Rudolph
Wfflard Stigler
Ellen Taylor
June Lautt
J. A. Rombough
Overlay Manufacturing Company
Rapistan, Inc.
City of Mountain View, California
                                         450

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Docket No.
77-8-180
     181
     182
     183
     184
     185
     186
     187
     188
     189
     190
     191
     192
     193
     194
     195
     196
     197
     198
     199
     200
     201
     202
     203
     204
     205
     206
     207
     208
     209
         Person
Warren Cast
Virginia Stilo
Mrs. M. B. Commons
Illegible
Mrs. J. Cripe
B. E. Patterson
Stella Olekra
Lawrence A. Slotkel
Jeanne Allen
Mildred Knobloch
Mrs. Frank Miltner
Draza Kline
Nel Jones
Edgar Lion
Mrs. Walter P. Krueger, Jr.
Evelyn Kaye
R. S. Morgan
A. Gerald Reiss
John D. Kramer
Virginia Smith
Sarah Leach
David Rankin
Unsigned
Margaret Lockler
Geroge Hunt
Richard Bolin
Harry Barter
Mr. and Mrs. Paul  Rorda
Helen Pratt
Florence Kumicki
    Organization
Cast Manufacturing Company
Fasco Industries
Illinois Department of Transportation
                                         451

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Docket No.                        Person                   Organization
77-8-210                   JohnBrubaker
    211                   Irving Frank, M.D. and Rosanne
                            Frank, R.N.
    212                   Phiffis H. Rosenthal
    213                   Glover Weiss
    214                   Robert Bogan
    215                   D. Me Andrews
    216                   Mrs. Eugene Emerson
    217                   Mrs. William Person
    218                   Mrs. Arthur Smith
    219                   Sylvia White
    220                   Michael Saija
    221                   S. Pelletier
    222                   Joanne Flock
    223                   R. Lansky
    224                   Dawn Weiss
    225                   Les Bradley
    226                   Rachel Riley
    227                  Harold Taylor
    228                  Bob Londergan
    229                  David Sullivan
    230                  W. Cox
    231                   John Moore
    232                   Mrs. D. E. Coward
    233                   Mr. and Mrs. Theodore Adams
   234                   Prof.  Richard Morse
   235                   Wilhelmina Smith
   236                   E. Camen
   237                   Mrs. E. P. Geaque
   238                   Tom Meskan
                                      452

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Docket No.
         Person
     Organization
77-8-239
    240
    241
    242
    243
    244
    245
    246
    247
    248
    249
    250
    251
    252
    253
    254
    255-
    256
    257
    258
    259
    260
    261
    262
    263
    264
    265
    266
    267
    268
Kathleen Johnson
Thelma Coren
John D. Hopkins
Mrs. D. Klompus
Laurance Conti
Mr. and Mrs. Mike Main
Joseph Famulary
Lois Seegal
Michael Ramage
Mrs. G. Miller
H. Shilton
Edna Denton
Claire Pichette
Gabor Usbau
Helen Von Ehrenkrook
Ms. Kuniko Sato
Mrs. Paula Schreiner
niegible
Chuck Howell
Mr. and Mrs. Harry Oldinburg
Priscilla and Eugene Challed
Mrs. John Simoni
Zane Saunders, M.A.
Francois Louis
Dorothy Shannon, Ph.D.
F. W.  Hetman
Jane A. Baran
Rev. Henry M. Biggin
Mrs. Lester Wiggins
RoyW. Muth
Environment Agency, Tokyo, Japan
Newington Children's Hospital
Renault, USA
Sinai Hospital of Baltimore
DeVac, Inc.
Indianapolis Speech and Hearing Center
International Snowmobile Industry
  Association
                                       453

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Docket No.                         Person                     Organization
77-8-269                  Beth A. Brown
    270                  Mr. and Mrs. Larry Pinkston
    271                  Maria Henessh
    272                  Raymond F. Anderson
    212 (Misnumbered)     Michael E. Paul, Sr.
    273                  Ali Ragle
    274                  David and Eileen Garland
    275                  Claire Grossman
    276                  Judith Schlager
    277                  Mahlon E. Sipe
    278                  M.Grossman                 Peugeot
    279                  Mrs. Roy Higdon
    280                  Martha Mathews
    281                  Joe Swift                    Mercury Marine
    282                  Donna McCord Dickman, Ph.D. Metropolitan  Washington COG
    283                  Lt. Jim Anderson             Rapid City Police Department
    284                  Richard M. Snyder
    285                  George M. Gorman
    286                  EmmaNiemann
    287                  John P. Reardon              Air Conditioning and Refrigeration
                                                         Institute
    288                  M. L. Downs
    289                  G. C. Simpson
    290                  Sue Vogelsanger
    291                  Jules A. Kaiser
    292                  F. K. Foster
    293                  Leila Aiken
    294                  Winston L. Mani
    295                  Esther Mary Lippard
    296                  Toshio Kitamura              Japanese Government
                                   454

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Docket No.
         Person
       Organization
77-8-297
    298
    299
    300
    301
    302
    303
    304
    305
    306
    307
    308
    309
    310
    311
    312
    313
    314
    315
    316
    317
    318
    319
    320
    321
    322
    323
    324
    325
    326
T. J. McCann
Vincent Argondezzi
G. M. Hoch
Mrs. Arthur Klavans
James P. O'Donnell
Jerry Boyle
James E. Wingert
John R. Race
John T. Hughes
Gerald E. Starkey, P.E.
F. E. Powers, Jr.
Leona and Karl Wilhelmsen
Emmett Joseph
L. K. Lepley
Roland D. Junck
John G. New
Burt B. Fisher
L. F. Hendricks
Stuart M. Low
Larry D. Woods
Leo Payavis
A. C. Roller
Hope Nissenbaum
Mrs. Geraldine Graf
Irma M. Bennet
Marjorie Ackerman, RN
E. S. Mott
R. Lowens
Ruth Jabach
S. J. Alson
Honda of Piqua (Ohio)
County of Santa Clara
Prince Manufacturing Corporation
Flents Products Company
Mott Corporation
                                   455

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Docket No.
         Person
    Organization
77-8-327
    328
    329
    330
    331
    332
    333

    334
    335
    336
    337
    338
    339
    340
    341
    342
    343
    344
    345
    346
    347
    348
    349
    350

    351
    352
    353
    354
Gloria J. O'Reilly
Robert Z. Breakwell
George H. Hunt
Betty Jacques
Mrs. Mary E. Neumann
Norman O. White
Richard J. Peppin

Marcia MacDonald
Robert S. Jackson, M.D.
(Mrs.) Frances Oatley
William J. Stephens
Katherine M. Reilly, M.D.
Mrs. M. L. Branchaud
Anthony Kelly
Mr. and Mrs. William Woodhouse
A. H. Krieg
Mrs. E. K. Swartz
Mr. John G. Kovash
Mrs. Henry Kaye
Florence Shafter
Richard J. Peppin
Roy Ruuska
Mayda L. Lyons


David Fishken, Ph.D.
Joseph P. Fiori
Mary Davey Schambach
Marilyn B. Noyes
Virginia Regional Coordinator,
  Acoustical Society of America
Commonwealth of Virginia
American Rental Association
Widder Corporation
Singapore Institute of Standards and
  Industrial Research
John L. Price and Associates
                                         456

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Docket No.
         Person
         Organization
77-8-355
    356
    357
    358
    359
    360
    361
    362
    363
    364
    365
    366
    367
    368
    369
    370
    371
    372
    373
    374
    375
    376
    377
    378
    379
    380
    381
    382
    383
    384
LeRoy J. Pahmiyer
Leonard Feuerstein
Mrs. Sylvia L. White
Rudolf Donninger
Joseph P. Shepherd, Jr.
Kenneth Young
Mr. W. J. Perney
Dr. Bessie Chronaki
A. Stephen Boyan, Jr.
James M. Farrell
R. A. Mahr
David W. dark
Lany J. Hall, M.D.
Marvin Bing
W. E. Schwieder
MelvinD. Furman
Mrs. J. Lamb
Joi Anne Garrett
W. A. Hyland
Charles V. Anderson, Ph.D.
Kenneth Truse
Constance (Mrs. George) Bell
Patrick C. Welch
James W. Klimes
Dick Almy
Roland Westerdal
Chet Pitek
John E. Cutshall
Mrs. Josephine (Illegible)
Illegible
Ostereichisches Normungsinstitut
Ford Motor Company
Municipality of Anchorage, Alaska
Deere and Company

Bilsom International, Inc.
                                       457

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Docket No.
        Person
         Organization
77-8-385
    386
    387
    388
    389
    390
    391
    392
    393
    394
    395
    396
    397
    398
    399
    400

    401
    402
    403
    404
    405

    406
    407
    408
    409
    410
    411
    412
Jenny L. Armour
J. C. Cornelius
Lois (Mrs. Robert S.) Green
Clay Gerken
Elen L. (Mrs. John) McCamish
Theodore Borland
Illegible
Darrell E. Wolbers
High School Students
H. J. Wise
Dianne Spessard
Darlene Davis
Mrs. Lillian E. Burns
Cherie Larson
Charles E. Speiser
Richard O. Thomalla

David M. Anderson
Pearl Michaelson
Louis H. Bieler
Fred C.  Worthington
Rhona Hellman
and
Bertram Scharf
Charles W. Hyer
Mrs. Gregory Brill
Lewis K. Hosfeld
Gaude Shirai
Frances J. Babon
Archie L. Spratt
K. F. Renneberg
Citizens Against Noise
MacMurray Pacific Wholesale
J. I. Case

W. H. Brady Company
International Acoustical Testing
  Laboratories, Inc.
Bethlehem Steel Corporation
Boston University
Northeastern University
The Marley Corporation
Japan Machinery Federation
Instamatic Corporation
                                       458

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Docket No.
        Person
     Organization
77-8-413
    414
    415
    416
    417
    418
    419
    420
    421
    422
    423
    424
    425
    426
    427
    428
    429
    430
    431
    432
    433
    434
    435
    436
    437

    438
    439
    440
    441
Melvin W. Talbott
Larry Potter
Mrs. F. J. Hammond
Stan Dudek
Thomas A. Dobbelane
Dr. and Mrs. Ronald L. Hall
Alberta J. McAlarney
Le Ann Price
Edward J. Reilly
William C. Legg
Frances Szablewski
Francois Louis
P. D. Southgate
L. Lamar Black
Rachel Corbin Riley
Mr. and Mrs. John R. Sheeley
Robert J. Entwisle
M. F. Crabtree
Mrs. Marie S. Griffin
Mrs. James H. Watson
Mrs. Dorothy Chapin
Warren E. Cast
Mrs. Buddy E. Arbuckle
Mrs. L. J. McNeill, Jr.
Andrew Aitken
Theonie Lilmore
S. Ditz
Helen M. Schmidt
Kentucky Department of Labor
Renault, USA
Automatic Switch Company
Cast Manufacturing Corporation
                            Family Finance Class, Fordland
                               High School, Missouri
                                      459

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Docket No.
        Person
        Organization
77-8-442
    443
    444
    445
    446
    447
    448
    449
    450
    451
    452
    453
    454
    455
    456
    457
    458
    459
    460
    461
    462
    463
    464
    465
    466
    467
    468
    469
    470
    471
Eunice B. Quids
Louise Wilson
K. O. looker
Carol Seamon
Unsigned
The Veresh's
Sam and Laura Robbins
Max O. Biltoft
J. C. and Dorothy Kenyon
Unsigned
Eleanor Culberson
Allison Titus
Unsigned
Mrs. A. William Butler
Mrs. Bill Joe Austin
Mrs. Ralph Moffet
Roger D. Smith
Yvonne Brunstad
Elizabeth McCutchen
Mrs. A. P. Lovato
John L. Warner
Mrs. R. J. Gelhar
Geraldine Greig
Shirley W. Valin
Muriel Cowing
Ann Smith
Unsigned
Frederick G. Crocker, Jr.
Mrs. Don E. Van Meter
Mrs. George W. Moore
Plasticast Laboratories, Inc.
Norton Company
                                       460

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Docket No.                         Person                     Organization
77-8-472                   Mrs. Carl Bostick
    473                   Shirley K. Jensen
    474                   Mrs. Bill MacLean
    475                   Mrs. David J. Lukens
    476                   Vera Korkus
    477                   R. J. Smith                   Pearl Harbor Survivors Association
    478                   Mrs. H. N. Kelly
    479                   Mrs. Gretchen Ogle
    480                   Kathryn Kennedy
    481                   Mr. and Mrs. Anthony P. Burasz
    482                   Roy C. Patrick
    483                   Mrs. Anthony B. Manera,
    484                   Illegible
    485                   Phyllis A. W. Jamison
    486                   Laurence B.  Ritter
    487                   Paul t. Young
    488                   Ursula Stanton
    489                   Eliana Woodford
    490                   Illegible
    491                   W. L. Bolyard
    492                   Mrs. Albert E. Montague
    493                   M. M. Walker
    494                   Ms. Olive H.  Kennedy
    495                   Mr. Allen D. Slater
    496                   Margaret Carrico
    497                   E. C. Blackburn
    498                   Mrs. Vernon Alvord
    499                   S. Smith
    500                   Unsigned
    501                   Mrs. R. LeRoy Rollins
                                        461

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Docket No.
         Person
        Organization
77-8-502
    503
    504
    505
    506
    507
    508
    509
    510
    511
    512
    513
    514
    515
    516
    517
    518
    519
    520
    521
    522
    523
    524
    525
    526
    527
    528
    529
    530
    531
E. Bailly
Mrs. Delbert Christiansen
Dr. Sharon L. Scholl
Pat Newport
H. Malcolm Lewis
D. Remain
Mrs. Herbert Bergam
W. A. Hyland
G. A. O'Brien
M. D. Furman
H. Hoffman
Mrs. J. V. Johnson
Mrs. Thomas Williams
Harry Hughes
William Andersen
A Concerned Citizen
Thomas R. Houck
Allen O. Kundtson
F. Macenko
Marilyn Wilkins Samuelson
Ruth Lynn
Edwin W. Abbott
Mrs. Grace Norris
Mrs. Richard Frank
Lawrence H. Hodges
Mrs. Charles Koofmans
Kelly Bright
Bruce Nordquist
Mrs. Elizabeth Adamson
Mrs. Patricia Cole Blake
Westside Building Materials Company
Representative, 17th District (Illinois)
Environmental Protection of Canada
Air Transport Association of America
J. I. Case Company
                                   462

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Docket No.
        Person
       Organization
77-8-532
    533
    534
    535
    536
    537
    538
    539
    540
    541
    542
    543
    544
    545
    546
    547
    548

    549
    550
    551
    552
    553
    554
    555
    556
    557
    558
    559
    560
Nada Yanshak Brillante
Mr. and Mrs. R. Robert Wells
William Sorber, Sr.
Greg Serafina
Fred Koenig
Mrs. Ruth L. Levine
Mrs. J. W. Hunter
Charles S. Carlyle
Douglas A. Eraser
Aurella Worrell
Mrs. W. M. Bingham
Mary Wright
Ruth Kuper Levine
Tim Mueller
Thomas D. Rossing
Mrs. C. £. Lighter
M. B. Doyle

Elisabeth G. Garrison
Rhea A. Bahlion
Mrs. A. K. Bruhn
Roy R. Morris
Mrs. Hibbert L. Norton
Carl E. Curet
R. S. Gales
Ervin Poduska
Mary Hochman
Elinor M. Bowman
Douglas A. Fraser
Unsigned
International Union, UAW
International Snowmobile Industry
  Association
American Rental Association
Acoustical Society of America
International Union, UAW
                                        463

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Docket No.
77-8-561

    562
    563
    564
    565
    566

    567
    568
    569
    570
    571
    572
    573
    574
    575
    576
    577
    578
    579
    580
    581
    582
    583
    584
    585
    586
    587
    588
    589
         Person
Earl Hardage, Mrs. Irene Hardage
Celia Turner, Fred Salter
Joan Stephens, M.A.
Gerald E. Starkey, P.E.
Unsigned
Webster and Chamberlain
John P. Reardon

Melvin F. Kuhn
Hon. Elford A. Cederberg
James M. Farrell
Mrs. D. D. Fisher
Mrs. H. Stovall
Larry F. Stikeleather, Ph.D.
James Egger
Jean C. Pressler
David P. Reed
Mrs. Evelyn Neeunas
John L. Bennett
Hay wood Clark Smith
Claude A. Frazier, M.D.
M. P. Nevotti
Nora Priest
Mrs. Helen M. Butter
Illegible
Enid M. Johnson
Edward I. Wolf
Unsigned
Don W. Robinson
Unsigned
        Organization
County of Santa Clara
Power Tool Institute (PTI)
Air Conditioning and Refrigeration
  Institute
Black and Decker Manufacturing Compan;
                             Whirlpool Corporation
                                     464

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Docket No.
77-8-590

     591

     592
     593
     594
     595
     596
     597
     598
     599
     600
     601
     602
     603
     604
     605
     606
     607
     608
     609
     610
     611

     612
     613
     614
     615
     616
     617
        Person
Roderick T. Dwyer

C. F. Newburg

Sidney J. Flock
Mrs. Susan Alperin
Mrs. C. L. Mercer
Walter Brukwinski
Ruth Moses
Elbert O. Schlotzhauer
James W. Butler
Constance M. Gibson
Charles Painter
Mrs. Forrest M. Sullivan
Mr. Evan A. Johnson
H. Bruce Prillaman
Margaret House
Mars Gralia, D.Sc.
Miss S. Victoria Krusiewski
Martha Murdock
Kathleen C. Harrigan
Mrs. Charles Ladenberger
Larry J. Eriksson
Roy W. Muth

A. F. Barber, Jr.
Joyce Pacer
Pete Sirois
Patricia H. Robinson
Illegible
Peggy W. Norris
       Organization
Outdoor Power Equipment Institute
  (OPEI)
National Association of Truck Stop
  Operators
Nelson Industries, Inc.
International Snowmobile Industry
  Association
Town Office Supply
                                        465

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Docket No.
         Person
      Organization
77-8-618
    619
    620
    621
    622
    623
    624
    625
    626
    627
    628
    629

    630

    631
    632
    633
    634
    635
    636
    637
    638
    639
    640
    641
    642
    643
    644
    645
    646
Ms. Areta Powell
Edith Mitchell
Mrs. J. C. Brown
E. Bruce Butler
E. G. Ratering
Frank E. Mclaughlin
Igor Kamlukin
A. K. Forbes
George Mosher
Gerald A. Stangl, Ph.D.
Miss B. L. Duncan
Guenther Baumgart

E.J. Halter

William L. Krentz
Mr. and Mis. D.  W. Pfeifer
W. C. Painter
Carolina Jenclowski
Miss Marjorie L. Coates
E. Linn
Anthony 0. Cortese, Sc.D.
Mrs. Robert G. Rinehart
R. H. Alexander
Joan L. Mills
Michael G. Garland
Everett A. Plaster
W. G. Schwieder
John M. Cowart
Debro Saltzman
Peggy Jenkin
General Motors Corporation
Office of Consumer Affairs, DHEW
Briggs and Stratton Corporation
Terresearch Limited
National Business Furniture
The Charles Machine Works, Inc.

Association of Home Appliance
  Manufacturers
Industrial Silencer Manufacturers
  Association (ISMA)
Owens-Corning Fiberglass Corporation

Rockwell International
Commonwealth of Massachusetts
The Celotex Corporation
Ford Motor Company
                                          466

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Docket No.
        Person
        Organization
77-8-647
    648
    649
    650
    651

    652

    653
    654
    655
    656
    657
    658
    659
    660
    661
    662

    663

    664
    665
    666

    667
    668
    669
    670
    671
    672
    673
Michael W. Blanck
Fred Tabacchi
John L. Phillips
Madeline Bolbol
George P. Lamb, Jr.

Ralph W. Van Demark

Ms. Patricia H. Robinson
Mrs. Earl B. Hampton
Theodore J. Fister
Lucy D. Strickland
Gene Boyce
Gordon Tapper
Mrs. Gerald N. Plotkin
Richard H. Lincoln
Steven K. Allsbruck
Vico E. Henriques

Donna McCord Dickman, Ph.D.

Mrs. R. H. Pfluger
Arthur L. Herold
Dr. G. L. Guff

Dale D. Nesbitt
Bernard Balmer
Mrs. E. Dale Petite
Eileene M. Young
David A. Kloepper
S. L. Terry
Marcus D. Maattala
Kodaras Acoustical Laboratories
The Hoover Company
Vacuum Cleaner Manufacturers
  Association (VCMA)
Automotive Exhaust Systems
  Manufacturers Committee
Outboard Marine Corporation
Computer and Business Equipment
  Manufacturers Association
Metropolitan Washington Council of
  Governments
Power Tool Institute
Tri-Utility,Hearing Conservation
  Program
HILTI Fastening Systems, Inc.
Chrysler Corporation
                                         467

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D°cketN°-                         Person                     Organization
77-8-674                  Mrs. Pauline Wanker
    675                  Frank J. (Illegible)
    676                  Allan M. and Joyce S. Krell
    677                  William G. Haley
    678                  Alice T. Heinz
    679                  Illegible
    680                  C. Rodger Blyth              The Maytag Company
    681                   Unsigned
    682                   Mrs. Joseph J. Doyle
    683                   Mrs. Joan Mundel
    684                   Mrs. Marlin Knight
    685                   Mr. and Mrs. Raymond Peeters,
                          Mr. Christopher Peeters, Miss
                          Pamela Peeters, and Mrs. Andrea
                          Peeters Hunt
    6S6                   Helen (Mrs. Thomas) Moon
    687                   MK. p. Q. Perrin
    688                   Mrs. Geovanna Gesatti
    689                  Charles M. Fisher
    690                  Mrs. James C. Warren
    691                   Eva Shun Kwiler
   692                   JohnS.Autry                Johns-Manville Corporation
   693                   Robert Kauffman
   694                   William E. Leuchtenburg
   695                   Mrs. Edward L. Weimer
   696                   R. Wood
   697                   George M. Deranen
   698                   June Wooster
   699                   Robert C. Hume
   700                   Benedict G. Breitung
   701                    Ira M. Edwards
                                  468

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Docket No.
    Person
    Organization
77-8-702
    703
    704
    705
    706
    707

    708
    709
    710
    711
    712
    713
    714
    715
    716
    717
    718
    719
    720

    721
    722
    723
    724
    725
    726
    727
    728
    729
Phyllis J. Sundquist
Alinda Heath
Marcella J. Nickerson
Ross Buhrdorf
Robert Schneider
John P. Reardon

David Owens

Robert A. Heath
Elizabeth Heminway
Gladine Glover
Wayne Marcus
Harold W. Wolf
Eliot Greb
Mrs. Ed Reynolds, Sr.
W. A. Hyland
Mrs. T. J. Brooks
Howard Swartz
Rubin Helmin
(Record of Communication
with Don Silawsky)
Karla L. Yeager
Lucille (Mrs. Herman) Waarer
Suzanne Badenhop
Julia A. Morse
Mrs. Charles W. Disbrow, Jr.
Janice F. Olson
Delores Crozier
Allen Nelson
John P. Reardon
Air-Conditioning and Refrigeration
  Institute
Sears, Roebuck and Company
Walker Manufacturing
Motorcycle Industry Council, Inc.
Husqvarna Company
French Laboratory
Air Conditioning and Refrigeration
   Institute (ARI)
                                          469

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Docket No.
     Person
    Organization
77-8-730
     731
     732
     733
     734
     735
     736
     737

     738

     739

     740
     741
     742
     743

     744

     745
Caroline Pardoe
Daniel Queen
Sherrie Sink
Mrs. Betty Westlund
Patricia Moran
Margaret Monji
Elizabeth Bottomly
Gordon L. Cluff, Ph.D.

James W. Klimes and
R. E.  Anderson
Richard Gimer
(Record of communication
with Henry E. Thomas)
Arnold W. Rodin
Charles W. Hyer
Douglas A. Fraser
Frank S. Fitzgerald
Assistant General Counsel
William V. Skidmore.
Assistant General Counsel
for Legislation
Frank E. Wilcher, Jr.
Daniel Queen Associates
Tri-Utility Hearing Conservation
  Program

Deere and Company
Compressed Air and Gas Institute
Home Ventilating Institute
The Marley Organization, Inc.
International Union, UAW
Noise Control Products and
Materials Association
General Counsel of the Department
of Commerce
Industrial Safety Equipment
Association
                                        470

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                 INDEX OF PUBLIC HEARING TESTIMONY

                    Washington, D. C. (September 16,1977)

Docket No.                         Person                     Organization
77-8-901                   Dr. Donna Dickman            Metropolitan Washington Council
                                                        of Governments
    902                   John Reardon                 Air Conditioning and Refrigeration
                                                        Institute
    903                   Theodore Berland              Citizens Against Noise
    904                   Mr. Stuart Low                Rents Products Company
    90S                   Roy W. Muth                 International Snowmobile Industry
                                                        Association
    906                   Ernest Scott                  Kirby Vacuum Cleaners
    907                   Wesley E. Schwieder           Ford Motor Company
                          Richard Genik
                          Herbert Epstein
    908                   Howard W. Burnett            American Rental Association (ARA)
    909                   Daniel Queen                 Daniel Queen Associates
    91 o                   Richard Gimer                Compressed Air and Gas Institute
                                                        (CAGI)
                   Cedar Rapids, Iowa (September 20,1977)

     911                   Bruce Anderson               Office of Senator Dick Clark
     912                   Dixie Boyse                   Office of Congressman Michael Blouin
     913                   Dr. Charles Anderson           American Speech and Hearing
                                                         Association
     914                   Representative Joan Lipsky     Iowa General Assembly
     915                   Larry Dupre                  Illinois EPA
     91 g                   Richard Worm                Environmental Coordinating
                                                         Association
                                        471

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Docket No.
77-8-917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
Person
Vern Kamps
Willis Lueders
Pat Dillan
Ed Harwick
Ed Ryan
Mary Pickett
Tanya Wesley
John Harris
Eldon Colton
Dave Bach
Dr. Claire Kos
Kiel Van Hoef
Judy Sullivan
James Klimes
Richardson Anderson
Marion Leese
Cleo and Charles Edinger
Sheila Sidles
Pam Kidd
Steve Keller
John Kammerer
Raymond Bowman
Kenneth Truce
Dan Dykstra
Lee Fisher
                        Organization

                   American Association of Retired
                     Persons
                   Transparent Film Workers Union
                   United Auto Workers
                   United Auto Workers
                   American Association of Retired
                     Persons
                   Iowa State University Faculty


                   J. I. Case Company
                   City of Cedar Rapids
                   Iowa Department of Environmental
                     Quality
                   Iowa Speech and Hearing Association
                   Deere and Company

                   American Association of Retired
                     Persons
                   American Association of Retired
                     Persons
                   Iowa Consumers League
                   Amana Refrigeration
                   Grant Wood Area Education
                     Association
472

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                 San Francisco, California (September 22,1977)
Docket No.
77-8-940
    941
    942
    943
    944

    945
    946
    947
    948
    949
    950

    951
    952
    953
    954
    955
         Person
James Shone
Robert Friese
Cormac Brady
Officer Richard Podisco
Gerald E. Starkey
Judy Bamett
Eric Mankuta

Marion Lockwood
James Smith
Robert Haehnel
Edward Lowe
Thomas Woods
Dr. Henry Schmitz

James Adams
Dennis Paoletti
Al Perez
Mr. and Mrs. Crozier
Dr. Michael Kavanaugh
      Organization
Citizens Against Noise
San Francisco Task Force on Noise
  Control
San Francisco Department of Public
  Works
San Francisco Police Department
Santa Clara County
Senior Citizens Community Service
  Employment Program
California State Department of Health
Aural Technology
Hearing and Speech Center of Orange
  County
City of Boulder, Colorado
Paoletti/Lewitz/Associates
Minnesota Pollution Control Agency
French Laboratory
Public Interest Economics Center
                                        473,

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                      PART III
PERSPECTIVES ON THE PROPOSED NOISE LABELING  PROGRAM:
           THE GENERAL PUBLIC AND INDUSTRY

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                           INTRODUCTION
     In order  to  develop  the  final  regulation  and  assess  the  pub-
lic  response  to the proposed  EPA  noise labeling program and  the
elements of  an effective  noise label,  the Agency  undertook three
different  actions to  gauge  public sentiment, one  of which  also
solicited  the  views of  industry.   The  results  are  presented  in
Part  III.   The  first  project  involved  the  tabulation of public
docket  comments  reflecting either  support or opposition for  the
proposed  noise labeling  program.  The second  was  a nationwide
telephone  survey  conducted by an independent  private contractor.
The third consisted of two elements; a door-to-door public survey,
and  the laboratory  assessment of necessary label  content through
the use of focus group discussions.
          SECTION 1;  ANALYSIS OF PUBLIC DOCKET COMMENTS
SUPPORT VS. OPPOSITION
     In order  to  determine  the level of support among  commenters
for the noise-labeling program as proposed,  each  comment submitted
to the public  docket  -  either written  or oral - was evaluated  in
terms of  its position on the  proposed product noise labeling pro-
gram.  Of a total of 751  comments, which represented somewhat
fewer individuals due to multiple docket  entries  per person, there
were 652  cases where  a  pro or con position could be identified.*
For  analytical purposes the comments  were  separated into two
groups:   industry and non-industry.  The results for non-industry
comments  are presented in Table 3-1.
*Entries 687  through 720 and  731 through 744  were received too
 late for inclusion in the analysis.
                                477

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                                          Table 3-1
        Percentage of  Non-Industry  Commenters with  Different Positions
                 on  EPA  Noise Labeling and Abatement  Activities^
1
34.0%
(205)
0.3%
(2)
10.3%
(62)

18.8%
(113)
2.7%
(16)
21.9%
(132)



9.3%
(56)
.2.7%
(16)
100.0%
(602)
With
Explicit Position
on Labeling
A

_B_

C
MMMMB

For Labeling
* 78.9%
(269)





E






G

Against
+. Labeling
21.1%
(72)





100.0%
(341)
With Explicit or
Implied Position
on Labeling
A

B

C
•••MM*



E
•~™ \
_L_




For
Labeling
"* 82.3%
(401)
\ **•/

^





G

H



Against
Labeling
* 17.7%
(86)



100.0%
(487)
With Explicit or
Implied Pro-Noise
Control Position2
A

B

C
MMMMB

D

E

F




88.0%
*(530)















A. Supported Labeling
B. Supported Labeling,
     Not Abatement

C. Supported Labeling
     and Abatement

D. Supported EPA Noise
     Abatement

E. Supported Abatement,
     Not Labeling

F. Complained about Noise
     Emitted by a Product-
     Implied Support for
     Labeling and/or Abatement

G. Opposed to Labeling
H. Opposed to EPA Noise
     Abatement

       TOTAL
'Non-Industry * private citizens, public officials, academicians, small non-manufacturing businesses, etc.
-No percentage was calculated for anti-noise control position, because some labeling oponents may have favdred
 emission regulations, though not stating this explicitly.
                                             478

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     The differences in scope of support were  addressed  by  catego-
rizing the specific comments into the classes  shown  below,  most  of
which are self-explanatory.   Clarification is  necessary  in  certain
instances, however,  individuals described as  "supported EPA noise
abatement" for  the most part either said specifically  they  sup-
ported direct abatement  actions such as  emission regulations,  or
else expressed support in general terms  such  as  "keep up the  good
work" or "I support your Agency's efforts in abating noise."  Many
individuals  falling  in this  second  group probably  supported  the
labeling program,  but  because  they  did  not state  so explicitly,
they were not classified as such.
     A  significant number of commenters simply complained  about
the  excessive noise  emitted  by  a product.  Because  some of these
comments could have been mailed  in response to news  releases which
asked  for  suggested  candidates   for  noise labeling, it  is  likely
that  the overwhelming  majority of  these  persons   also  supported
labeling,  although  they were  not  initially classified  in  this
manner.   In relation  to comments classified  as "opposed  to  EPA
noise  abatement,"  it  could  not be  ascertained  from the  letters
themselves if  the  people were  opposed  to product  noise labeling
specifically.
     In  the  second column  of the table,  the data  are  collapsed
into  a dichotomy,  based  on  those persons  who  made it  clear  (or
explicit)  that  the labeling  program  was the target of  their
evaluations.  The strong public  support  for  the  program  among
non-industry commenters is manifested by the 78.9 percent in favor
of  labeling, as contrasted  with 21.1  percent  against  labeling.
When  product complaints  (Category  F)  are  added to  pro-labeling
comments due to  their  implied support - and general opposition to
EPA noise abatement (Category H) is combined with specific  opposi-
tion  to  labeling - there  is a  slight  increase  in  the  percentage
difference  (i.e.,  82.3 percent  in  favor of labeling versus  17.7
percent  against).  The  final  column  gives the percentage  of  non-
industry  respondents who implied or  explicitly  expressed  support
for some kind of EPA noise control activity -  88.0  percent.  While
                                479

-------
the docket does not provide a representative sample  from which one
can  deduce  the actual  level  of support  in the nation at-large,
these  data  do afford  some evidence of  public  support for noise
labeling.
     Persons  opposed  to  labeling  or noise  abatement  most often
cited  increased costs as the main  reason for their  opposition
(Table 3-2).  Other  criticisms were  that the regulations re-
stricted the  individual's  freedom  to make  his own decisions; that
labeling was not going to influence purchasing decisions; that the
free  enterprise  system will  produce  quieter  products  without
governmental  intervention if  the public wants them; and that
resources should  not  be  spent  on  noise  labeling  when there are
more important national priorities.

                            Table 3-2
       Percentage of Opponents  (Items G  and H from Table 1)
                     Citing Different Reasons1
     Costs                                          52.8%(38)
       To consumers (21)
       To taxpayers (10)2
     Infringement of Individual  Freedom              20.8%(15)
     Ineffective  Means of Achieving End              19. 4% (14)
     Free-market  Solution is Preferable              16. 7% (12)
     Other Problems Occupy a Higher Priority
       than Noise Pollution                         4.2%(3)
     Miscellaneous                                  5. 6% (4)
     No Reason                                      16. 7% (12)

1Sum of percentages is greater  than 100  percent because many
 respondents gave multiple reasons  for opposition.
      respondents just mentioned  "costs," not specifying the
 impacted party,  while others  based  their opposition both on
 "costs to consumers"  and  "costs  to  taxpayers."  Therefore, the
 N for these two  latter response  categories does not equal 38.
                                480

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      Several  persons  who supported noise abatement but not label-
 ing  complained that  EPA should focus  on products such  as cars,
 trucks,  and  especially motorcycles and  not  worry  about household
 appliances, which  they associated  with  the  labeling  program  (42,
 48,  72,  90,  102,  115, 194, 277, 483, 568).   Two commenters (684,
 723)  that questioned  the  labeling  program's  effectiveness,  re-
 ported  the  results of  surveys  which demonstrated the  low impor-
 tance of a  product's noise properties  (as  compared to other
 factors)  in the eyes of  the consumer.
      A  representative of an industry  (924),  potentially  affected
 by the proposed product  noise labeling program, provided a counter
 argument  to  the latter point at the public  hearing held  in Cedar
 Rapids,  Iowa.   His testimomy indicated  that  the  noise  factor  may
 only  become  important in the marketplace when  there  exists noise
 level  data  that could  be used to  compare  products,  and  when  an
 industry's marketing divisions begin to advertise products on  this
 basis.
      Individuals favoring  the  labeling program often  based their
 support on its  utility for making  informed  consumer decisions  and
 the  belief  it would  force  manufacturers to design quieter prod-
 ucts.  In addition, seven commenters endorsed the labeling program
 for  the  assistance  it would provide  local noise control officials
 in their  enforcement  efforts.   Five of these  comments came  from
 state and local officials themselves,  representing the States  of
 California,  Massachusetts and Minnesota and the cities of  Boulder,
 Colorado, and  Cedar Rapids, Iowa  (948,  637,  953,  951, and  925,
 respectively),  and  two  from representatives  of Citizens  Against
Noise (903,   940).    These comments emphasized the  utility  of
 accurate product noise ratings  established under the  EPA  program
 in comparing products  against the  noise  standards  of  local ordin-
 ances.
     In contrast to  the widespread support for the program among
 the  general  public,  the vast majority of industry spokesmen
expressed opposition  to  EPA-administered  product noise  labeling
 (Table 3-3).    Fifty percent of the  industry  respondents  directly
                                481

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                                Table  3-3

              Percentage of  Industry Commenters  with
           Different  Positions  on  EPA Noise  Labeling*
A.  Supported Labeling

B.  Supported Labeling Regulation,
    with Criticisms

C.  Supported Voluntary Labeling

D.  Offered Major Criticisms of Regu-
    lations without Directly Stating
    Opposition

E.  Opposed to Labeling

F.  Opposed to Labeling but Sup-
    ported Emission Regulations

           Total
                                                               With
                                                          Explicit or Implied
                                                             Position on
                                                         EPA Product Labeling
  8.0% (4)     _A

  4.0% (2)      B
               ^•••^

 10.0% (5)     _£.



 26.0% (13)     _D_



 50.0% (25)     J


  2.0% (1)      I
               ^•H

100.0% (50)
For Labeling
12.0% (6)
Against Labeling
88.0% (44)
  Industry a manufacturers and trade associations.
                                    482

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stated their opposition; another 26 percent  implied opposition by
offering major criticisms of the proposed regulation; and  10 per-
cent indicated their  opposition  by expressing support for  volun-
tary labeling.  (Of course, Category C does  not  reflect  the total
level of  industry  support  for  voluntary labeling, since  comments
were first classified on the basis of direct  support  versus oppo-
sition.   Of  the  many persons who expressed  support for  voluntary
labeling, Category C  contains  only those few individuals who, at
the  same time, did  not state, their opposition to  EPA product
labeling.)
                               483

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                SECTION 2:  GENERAL AUDIENCE SURVEY
 INTRODUCTION
      In  order for  the  Environmental Protection  Agency to ade-
 quately  implement its Congressional mandate under Section 8  of  the
 Noise Control Act of 1972 (86 Stat 1234), it felt that a statisti-
 cally correct  study should  be performed to know the  public  atti-
 tude  toward  noise and  the  proposed  product noise labeling.   The
 Agency conducted a nationwide telephone survey through an indepen-
 dent  contractor  to  obtain data  from  which  the  Agency  could  better
 assess:   the  public perception  of noise; the extent  to  which  the
 public  is impacted  by  noise; which  products  are bothersome;  to
 what  extent noise is a  factor in  purchase  decisions;  and the  form
 in which  noise  information  should  be  available  so  that  the  public
 can use it in the purchase decision.
     The  sample for the  survey was  drawn using  carefully pre-
 scribed  procedures  to  minimize  bias  and  insure that the results
 obtained  were  representative of  consumers,  and  608  adults were
 contacted.
     This section will  describe in detail  the  survey  methodology,
 the data  collection procedures,  the results of  the survey and  the
 conclusions of the study.

SURVEY METHODOLOGY
     A major  advantage  of  telephone  surveys  is. that  geographic
dispersion of respondents can be maximized.  This makes  it possi-
ble to include all geographic  areas  of the country as well as
urban and rural groups within each  major  area.
     In conducting a telephone  survey,  it  is important  to select
the sample  of telephone  numbers  in  a way that will reduce the
possibility of bias.  To select  a  sample  of numbers from  telephone
directories directly is not  appropriate  because many people have
unlisted  numbers, which  would  introduce  a potential  source of
                               484

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bias.   To counteract this problem, random digit dialing was used.

For  this  study,  the most efficient method of random digit dialing

consisted of  two steps:
     o    First,  a  random  sample  of telephone  numbers was
        drawn from a master  data file  maintained  by Don-
        nelley Marketing  (a division of Reuben H. Donnelley
        Corporation)  of all  residential  telephone  numbers
        for the entire  nation, including Alaska and Hawaii.
        Every nth  number was  taken off this file.


     o   Second,  because this data  file does  not  include
        unlisted  numbers,  the   last  two  digits  of  the
        sampled numbers were  randomized.   This was  done by
        retaining  the  first eight digits of each  number
        (e.g., 703-893-52XX)  and  selecting  from a table of
        random numbers  two-digit  suffixes  to  complete the
        number.
     Since the last two digits of each were generated at random, a
variety of  outcomes was possible.  The  more  frequently occurring

were:
     o  Non-working numbers

     o  Business
     o  Busy/no answer

     o  Household
     o  Coin  telephone booth
     o  Institutional number  (hospital, dormitory, etc.)

It is apparent from this list that in order to  complete  a speci-

fied number of interviews, more numbers must be dialed than inter-
views needed.  The number of completed  interviews is determined by

the error one is willing to tolerate in the results.  As Table 3-4
shows [1],  a sample  size  of  600  would  provide  results with  a  4
percent tolerated  error at  the 95  percent  confidence  level.   This
                                485

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                           Table 3-4
               Simple  Random Sample Size for Several
                        Degrees of Precision [1]
Tolerated
Error
(percent)
1
2
3
4
5
6
7
Confidence Limits
95 Samples
in 100
9,604
2,401
1,067
600
384
267
196
99 Samples
in 100
16,587
4,147
1,843
1,037
663
461
339
was assumed to be  satisfactory  for  this  study.   In order to ob-
tain 600  households,  approximately  2-1/2 times that number were
selected  for  calling.  Thus,  approximately  1,500 numbers were
sampled with the  last  two digits randomized.
     Once a household was dialed,  there had  to  be a  method of
determining who in the household was to be  interviewed.   This had
to be done in  advance  to insure  that there was no bias in  favor of
people who are home more often  or are more willing to be  inter-
viewed.   Several  criteria  were  set.   First, it was decided that
only one  adult (age 18 and  over) would be  interviewed in each
household.  This was done  to avoid  possible  bias due to  cluster-
ing.   Second, a procedure for selecting  the one  person to be
interviewed was  developed.  This included  asking (1)  how many
adults were  in the household  and (2) how many men were in the
household.  By using a  set  of four tables, it was possible for the
interviewer to select  the  specific  person  to be interviewed.   A
                               486

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modification  of this technique was applied as described by Bryant
 [2]  in  order to correct for a  tendency  for males to be harder to
contact  than females.   This modification  involved  repetition of
the  first three tables so  that males were slightly over-sampled.
     Thus,  once a  household was reached, the interviewer selected
the  appropriate table,  asked the  number  of adults and males, and
determined  from the  table who should be interviewed.  No substitu-
tions were  allowed.

DATA COLLECTION
     The  interviews  were  conducted by staff  selected  and trained
specifically  for the noise  labeling  survey.  A total of 21 inter-
viewers were  used.   Each was required to attend a  four-hour train-
ing  session which  covered  such things as  the  purposes and back-
ground of the project,  general  interviewing  techniques,  the data
collection  instrument and other elements specific to the project.
Each was  required to conduct practice interviews and was critiqued.
     There were  three shifts of interviewing per day, with calling
from 8:30 a.m.  until 9 p.m. at night (local time  for  the number
called).
     Three  attempts  were  made  to reach a number.   If  after three
tries  no answer was obtained,  the  number was  dropped  and  no
further attempts made.   In  order to maximize  the probability  of
reaching  someone, one of  the three calls was made during the day
(before 6 p.m.  local time Monday  through  Friday)  and two at night
(after 6 p.m., or Saturday and Sunday).
     If a household  was reached,  but  the  person to be  interviewed
was not there,  an attempt was  made to determine  the best time  to
call back in  order  to obtain an interview.  Once  a  household was
identified, three additional calls were made in order to reach the
respondent.
                                4R7

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     Each shift consisted of  a maximum of eight interviewers and
at least one  supervisor.   The supervisor checked every form upon
completion of  an  interview  to insure  that  there were no missing
data.   Introduction and  interview  procedures  were  closely moni-
tored to insure that interviewer bias was minimized.  The results
of the  dialing are shown in  Table 3-5.   Of  the 1,580  numbers
dialed,  a  total of 987 were to a  residence of some  type (62.5
percent).  From these  households  reached,  608 completed interviews
were obtained (38.5 percent).   The actual  data  collection occurred
between December 21 and 29,  1977.  No  calls, however, were made on
December 24,  25, or 26.
                            Table  3-5
                        Result  of  Dialings

Busy /No answer after three calls
Dead line
Non-working numbers
Business

Language barrier
Other communication problem (bad lines, etc.)
Refusals
Respondent not available
Other (no adults, not a private residence)
Completed Interviews

N
188
26
264
101

14
19
282
64
14
608
1,580
%
12.0
1.6
16.7
6.4

0.9
1.2
17.8
4.1
0.9
38.5
100.1
                               488

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      Once  the  appropriate respondent was contacted, the  interview-
ers  asked  a  series of  questions using a  questionnaire designed
specifically  for this study,  based  on the  information  needed by
EPA.   A copy of the questionnaire is  shown  in Appendix A of  this
Part.
      Major areas covered by the questionnaire  included information
about:
      o  The public's perception of noise as an irritant.
      o   Products commonly considered  to  be  bothersome because of
        noise.
      o  Major  criteria in  the selection of products for purchase,
        including noise,
      o  Willingness to pay for quieter products.
      o  The public's desire' for information about the noise levels
        of products.
     p  The public's attitude toward noise labeling.
      o  Knowledge levels regarding noise related terms.
The results of this survey are presented in the following section.

RESULTS OF  THE INTERVIEWS
     A  total  of 608  completed interviews  were obtained.   These
included  both  males and  females  from  all  regions of  the  United
States.   The  responses indicate  some  awareness  of noise problems
and general approval of  government efforts  to label noise produc-
ing products.  The data obtained  in these interviews are described
below.  The questionnaire  used to collect these  data  is included
in Appendix A to this Part.

The Sample
     The  respondent sample was  almost equally  divided between
males and  females.   Table 3-6 shows the breakdown by sex.  This is
quite close to the  1970 census findings of  approximately  49  per-
cent  males and 51  percent  females  in the general  population.[3]
                                489

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                             Table  3-6
                          Respondent Sex

Male
Female

Number
300
308
608
%
49.3
50.7
100.0
     For the purposes of  analysis  the sample was also divided into

regions with approximately equal  numbers  of  respondents  in each.
The regions were defined  as follows:

     East        Maine, Vermont,  New Hampshire,  Massachusetts,
                 Rhode Island,  Connecticut,  New York,  New Jersey,
                 Pennsylvania,  Delaware,  Maryland,  Virginia, West
                 Virginia, and  the District of Columbia.
     South
     Midwest
     West
                 North Carolina,  South  Carolina, Georgia, Florida,
                 Tennessee,  Alabama,  Mississippi,  Arkansas, Loui-
                 siana, Oklahoma,  and Texas.

                 Ohio, Indiana,  Kentucky,  Illinois, Michigan, Wis-
                 consin, Iowa,  and Missouri.
                 Minnesota, North Dakota, South Dakota, Nebraska,
                 Kansas,  Colorado,  New Mexico,  Arizona,  Utah,
                 Wyoming,  Montana,  Idaho,  Nevada, Washington,
                 Oregon,  California,  Alaska,  and Hawaii.
     These designations were meant  to  produce  a reasonably equal

distribution of  respondents across  regions.   Table 3-7 shows the
distribution of respondents obtained using  these categories.

     Households were  contacted  for   interviews  in  all  50 states,
and the  608 interviews  include, respondents  from 48 states.   No

interviews were obtained  in Nevada or Alaska  where only a very few
telephone numbers were called.

     The sample  thus  can  be  considered  to  be  a  good  nationwide
distribution, fairly  closely matching  certain  general  population

characteristics.
                               490

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                             Table 3-7
               Distribution of Respondents by Region

East
South
Midwest
West

Number
163
143
159
143
608
%
26.8
23.5
26.2
23.5
100.0
Questionnaire Responses
     As stated above, the questionnaire attempted to obtain infor-
mation in a number of areas related to the noise labeling program.
The results are presented below,  by topic, and  differences  in
responses by  sex  or by region of the  country are  indicated  when-
ever they occur.
     o  General Irritation Due to Noise.
     The first  question  asked of  respondents  was  whether or  not
they were irritated  by noisy  products  or  appliances.   About  forty
percent of the respondents replied affirmatively to this question,
as shown in Tables  3-8a  and b.   Females were  slightly more likely
to respond  affirmatively than males.   There  were  no significant
differences by  region of  the country.   These  responses  seem  to
indicate that noise is a major concern for a  substantial propor-
tion of the population.
                                491

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                             Table 3-8
                 Perception of Noise as an Irritant
Question;
 Do you ever  feel  uncomfortable or irritated by  noisy
products or appliances in your home, your neighborhood,
or your place of work?
                                 (a)


Yes
No

Number
Male
116
184
300
Female
144
164
308
Total
260
348
608

Total%
42.8
57.2
100.0
                                 (b)


Yes
No

Number
East
68
95
163
South
56
87
143
Midwest
68
91
159
West
68
75
143
Total
260
348
608
Total %

42.8%
57.2%
100.0%
     For  respondents  who replied  that  they were  irritated  by
noise, additional questions were asked about the types  of  products
that bothered them.*   As Table 3-9  shows,  a majority  of the  260
respondents who  were  asked  felt  that  the  most bothersome  noisy
products were those used by someone  else.
*See the questionnaire  in  the Appendix for the  skipping  patterns
 called for by specific item responses.
                                492

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                             Table 3-9
                    Source of Irritating Noise
Question;   Are  the most bothersome noisy products those that you
           own and use, or those used  by someone  else?

Byrne
By someone else
Both

Number
76
146
38
260
%
29.2
56.2
14.6
100.0
     o  Factors in Purchase Decision.
     Several questions were asked to try to assess the  importance
of noise as a criterion in purchase  decisions.  One question which
relates to this is whether or  not consumers believe that different
brands of  a  given product create different  amounts  of noise.  As
Table 3-10 shows,  a large  proportion of respondents believed that
there are  differences  between brands, but  many others  did not
believe this to be true or were not  sure.

                            Table 3-10
             Perceived Brand Differences in Noise Levels
Question;   Do you  think that  there is much  difference  in the
           amount of noise that different brands of products such
           as vacuum cleaners  or chain saws create?

Yes
No
Don't Know
Depends on
Product

Number
Male
151
103
41
5
300
Female
130
108
67
3
308
Total
281
211
108
8
608
Total %
46.2
34.7
17.8
1.3
100.0
                                493

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     There were significant differences between  males  and  females
on  this  question,  with  males  being more  likely than  females  to
believe that there are differences between brands.
     In a  series  of questions  aimed  at determining the  relative
importance of various criteria in consumer purchase  decisions,  the
quietness of the operation of a  product or  appliance was  rated  as
very important by over 40 percent of the respondents (Table 3-11).
Of  the criteria  asked  about,  the most  important to consumers  ap-
pears to be the cost of  operation.  A majority of the  respondents
considered this to be "very important."

                             Table 3-11
      Importance  of  Different Criteria  in  Purchase Decision

Question;   Usually, in buying an appliance  or product  do  you  con-
           sider (price)(brand name)(cost of  operation)(quietness
           of  the  operation)  to  be  very  important, somewhat
           important,  or not very important?

Very important
Somewhat important
Not very important
Depends on product

Price
Number
281
206
79
42
608
%
46.2
33.9
13.0
6.9
100.0
Brand Name
Number
255
216
95
42
608
%
41.9
35.5
15.6
6.9
99.9
Cost of
Operation
Number
357
129
102
20
608
%
58.7
21.2
16.8
3.3
100.0
Quietness of
Operation
Number
259
164
125
60
608
%
42.6
27.0
20.6
9.9
100.1
     In another attempt to determine whether or  not  the  quietness
of products is important to consumers, a question was  asked  about
how much extra they  would  be  willing to pay for a quieter vacuum
cleaner.  Table  3-12 shows that the respondents indicated a gen-
eral willingness to pay a  higher price  for  a substantially quieter
vacuum  cleaner.   However,  there were  38 percent (214 of 558)  of
the respondents  to  this  item who stated  they would  pay nothing
extra for a vacuum cleaner that was three-fourths as  loud.
                                494

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                            Table 3-12
             Willingness to Pay for Quieter  Products

Question;   If  you were planning to buy  a  vacuum cleaner and the
           average cleaner  cost  about  $70,  how  much extra would
           you be willing to pay, in dollars,  for a vacuum cleaner
           that was only

Three-fourths as loud (N a 558)
Half as loud (N* 552)
Mean
$13.39
15.36
        Refusals to respond equal  50  and  56,  respectively.

     The actual dollar amount that respondents  stated were willing
to pay  is very much tied  to  the base  price  of $70.   The mean
dollar amounts, however, work out  to approximately 19 percent and
23 percent  of  the  base purchase  price,  showing definite  flexi-
bility on  the part  of  consumers  to pay  extra for features they
deem desirable.
     o  Desire for Noise Control  and  Noise Labels.
     Two different factors which  the  Agency must  take into account
when  considering  a product  for regulation are whether  to set
levels on the maximum amount of noise the  product may emit  and/or
whether to  label  the product as  to  the  amount  of  noise it does
produce.
     The responses  to  a question  on government  noise control are
shown in  Table 3-13a,  b.   A large  majority of respondents felt
that  the  government should  set  noise levels  for  some  products.
There were  significant differences between  males  and  females on
this question.  Although  equal  numbers  of males and females were
in favor of government  standards,  among  those  not in favor, males
were more likely to report disapproval and females  to respond that
they  didn't know  if the  government should set such  standards.
Respondents from the West  showed  the smallest  percentage in favor
of government standards, both in  objecting to the standards  and in
being the most definite about their answers (i.e., very few  "don't
knows").

                                495

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                             Table  3-13
                Desire for Government  Noise Control
Question;
Do you think the government  should set noise levels for
some products?
                                (a)


Yes
No
Don ' t Know

Number
Male
199
80
20
299
Female
199
61
48
308
Total
398
141
69
607
Total %

65.6
23.2
11.3
100.0
                                (b)


Yes
No
Don1 t Know

Number
East
128
21
13
162
South
89
34
20
143
Midwest
93
37
29
159
West
88
49
6
143
Total
398
141
68
607
Total %

65.6
23.2
11.2
100.0
     The reasons given by those  people  not  in  favor of the govern-
ment setting noise levels (as obtained through the previous ques-
tion) are shown in Table 3-14.  The replies are grouped according
to a  few major classifications.   The  most frequent response was
that  the government  already has  too  much control.  Other fre-
quently mentioned reasons were  that  such controls are not needed
and that  the  consumer should regulate noise  levels  through pur-
chases,  and allow the  effects of the free market to  encourage
manufacturers to reduce noise.
                                496

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                            Table  3-14

          Reasons for Government Not  to Set Noise Levels


Question;  Why should the government  not set noise levels?

Too much government control
Noise controls not needed
Consumers should regulate
Not feasible
Would increase prices
Could give no reason

Number
58
34
33
7
3
,6
141
%
41.1
24.1
23.4
5.0
2.1
4.3
100.0
     The respondents to the survey were very strongly in favor of

information on the amount  of  noise a product  makes being made

available to consumers  before purchasing (Table 3-15).


                            Table 3-15

                    Desire for Noise Information


Question;   Do you think consumers should  be given information
           about the amount of noise a  product  makes before  they
           buy it?

Yes
No
Don't know

Number
528
57
23
608
, %
86.8
9.4
. .. , 3.8
100.0
                               497

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     The  528  respondents  who indicated that they would want  such
 information were  asked  two further questions about the source  of
 this  information.   Table  3-16 shows that the majority of  replies
 were in favor of the manufacturer supplying  the  information, which
 in essence  is what  the  EPA program  proposed.  The most frequently
 mentioned other  sources  for the  information were  independent
 testing laboratories  and  publications  such  as  Consumer's  Report.
 Male respondents were more  likely than females  to cite some other
 source,  while  females primarily  felt  the manufacturer should
 supply the data.
     Table  3-16 also  shows that the majority of respondents  felt
 the EPA would provide more accurate information than  the manufac-
 turer.  This could  imply  support  for the  EPA program  as proposed,
 since  it  would require  the manufacturer to supply accurate and
 verifiable  noise  information,  and  EPA's  enforcement procedures
 would  assure that  manufacturers comply with  the  requirements.
     Three other questions  which  exhibit  general audience  support
 for noise  labeling  are shown  in  Tables  3-17,   3-18 and  3-19.  A
 large majority  of respondents report  that they would like to see
 a noise label placed  on products and  that  they would use such a
 label  in  their  purchase  decision;  and  a majority  state that  they
would want the label even  if it increased  the price.
     While a majority of  all  respondents  reported that they would
 still  want a noise label  even  if  it increased  the price  of a
product,  there were  differences between males and females in their
responses  to  this  question.   Among the  respondents  who  did not
reply  affirmatively  to the  question,  males were more  likely  to
state that they  definitely would  not want  the label  if it caused a
price  increase, while  females were more  likely to  reply  that  it
would depend upon the  amount of the price  increase.  Substantial
proportions of both  groups  are obviously concerned about the
economic  impact  of the labels on  purchase  prices.
                                498

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                            Table 3-16

                  Sources of Noise Information
Question;  Do you  think this  information should come from  the
           government,  from  the manufacturer, or  from  some  other
           source?


The government
The manufacturer
Other
Don ' t know

Number
Male
35
157
59
6
257
Female
42
190
31
10
273
Total
77
347
90
16
530

Total %
14.5
65.5
17.0
3.0
100.0
Question;
Question;   Which  source do you think would provide  more  accurate
            information  about  the  noise  level of  a product;   the
           manufacturer  or the  Environmental  Protection  Agency?

The manufacturer
The EPA
Neither
Both

Number
165
317
17
29
528
%
31.3
60.0
3.2
5.5
100.0
                 Table 3-17

   Desire to Have Label Placed  on  Products


 Would  you like  to  see a label placed  on products  to
show how much noise  they make?

Yes
No

Number
471
137
608
%
77.5
22.5
100.0
                                499

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                            Table 3-18

                  Potential Use of Noise Labels
Question;
If a  noise  label  were  provided,  would you be likely to
use the information in your purchase decision?

Yes
No
Depends on product

Number
464
92
52
608
%
76.3
15.1
8.6
100.0
                            Table 3-19

                  Willingness to Pay for the Label
Question;
If putting  a  label on products to  show  how much noise
they make would  increase  the  price, would  you want the
information?

Yes
No ;
Depends on Price
Increase
Other

Number
Male
155
83
46
16
300
Female
171
61
69
7
308
Total
326
144
115
23
608
Total %
53.6
23.7
18.9
3.8
100.0
                                500

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     o  Label Characteristics.
     Two questions were asked to assess consumer  preferences about
particular  characteristics  of   the  noise  label.    Only those 516
respondents who  had  indicated  a possible  willingness  to use the
labels were asked  these questions  (see  Table  3-18,  those  respond-
ing "Yes" or "Depends on Product").  As can be seen in  Table 3-20,
the majority of  replies were in  favor of some  type  of  permanently
affixed label  on the product.    A  hang tag was  seen as  somewhat
acceptable, but very  few respondents  favored  a  single product
display sign.    Several  respondents remarked  that an  acceptable
form of a  permanent  label would be one which  was pasted onto the
product but which could be removed  by the consumer  after purchase.
     There was less  agreement  among respondents  when asked about
the type  of rating  scale  they would prefer  on  the label (Table
3-21).   The most  acceptable  alternatives were a  number scale
(26.9%)  or a  word description (40.3%).   The preference for a
word description may indicate  that  some word  explanation would be
desirable if a number scale  is  used.
                            Table  3-20
                   Preferences for Type  of  Label

Question;   If  products were  labeled to  show  how much noise they
           make, would you prefer  the label to be;

A hang tag attached to each product
A permanently affixed label on the product
A single sign as part of the product display,
but not attached to each item
Depends on the product

Number
131
308

41
36
516
%
25 .4
59.7

7.9
7,0
100.0
                                501

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                            Table 3-21
                  Preferences for Rating Schemes
Question;
I'd like to read  to you  four different ways of indicat-
ing on a label  amounts of  noise.  After I have read all
four,  please indicate which approach you would prefer.

A star scale where four stars meant a very
quiet product
A number scale where a low number meant
a very quiet product
A color-coded label where a green symbol
meant a very quiet product
A word description which said "quiet" or
"noisy"
No preference

Number

74

139

60

208
35
516
%

14.3

26.9

11.6

40.3
6.8
99.9
     o  Knowledge of Noise Terminology.
     The choice  of  a rating scheme may be  based  on a variety of
scientific criteria, but  even  if acoustical engineers can deter-
mine the appropriate noise measure to be used  in rating each prod-
uct, the  noise  labeling program  cannot be  successful unless the
consumer  can understand  the rating.   In order  to estimate the
scientific sophistication  of consumers in  the area  of  noise,  a
question was  asked  to  determine the  familiarity of respondents
with the  term "decibel.11   The  same  question  was  asked about the
terms  "therm" and  "watt" in order  to  provide some  comparative
data.
                                502

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     Table  3-22  shows  that a majority of respondents were able
to correctly  identify  "decibel" as a measure of noise level, a
slightly higher  percentage than knew the term  "therm," but far
below  the familiarity  level of the term "watt."  The percent cor-
rectly  identifying  "decibel" may be a somewhat biased estimate
upward  because of the  fact that this question was asked last and
respondents could have eliminated alternatives in their mind based
on their previous answers.  Also, the respondents knew the survey
was about noise  and so this could have served as a prompter in
guessing.
                            Table 3-22
                     Knowledge of Rating Terms

Question;  Can you tell me if a (therm) (watt) (decibel) is a
           scientific measure of electricity, heat, noise, or
           gas?

Correct response
Incorrect response
Don't know

Therm
Number
289
48
271
608
Total %
47.5
7.9
44.6
100.0
Watt
Number
545
14
49
608
Total %
89.6
23.0
8.1
100.0
Decibel
Number
317
35
256
608
Total %
52.1
5.8
42.1
100.0
Number
Male
189
11
100
300
Number
Female
128
24
156
308
     There were differences between males and females with sig-
nificantly more males (189 of 300 = 63%) knowing the term "deci-
bel" than females (128 of 308 - 41.6%), this may indicate a need
for particular consumer education to be aimed at females to
heighten their familiarity with noise terminology.
                                503

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     After  the  above  questions  on terminology  were  asked,  respon-
dents  were  told that  a  decibel is a  measure  of noise level  and
then asked  to guess how loud a vacuum cleaner and a  lawnmower are,
given  that  city traffic  is about 75 decibels  and a  quiet  whisper
is  about 20  decibels.   Table  3-23 shows  the results  of  this
question.   The  mean values are fairly close to  the  actual  values
of  approximately  75 decibels for vacuum cleaners and  90 decibels
for lawnmowers.  The range of values was quite  large, however;  for
vacuum clearners  the guesses ranged from one decibel  to  400
decibels, with  only 139  cases  (26.5 percent)  in the range  65  to
85;  for lawnmowers the guess  ranged  from  two decibels  to  600
decibels, with  only 140  cases  (26.6 percent)  in the range  80  to
100.

                            Table 3-23
                   Estimates of Decibel Levels
Question;
A decibel is a measure of noise level.   City  traffic  is
usually  about  75 decibels,  while  a quiet  whisper  is
about 20 decibels.   Can you guess how loud

a vacuum cleaner migfrt be? (N - 524)
a lawnmower might be? (N = 527)
Mean
77.98 decibels
87.97 decibels
            Refusals to guess 84  and  81,  respectively.
     o  Products.
     Another goal of  this  survey  was to determine which products
consumers felt were irritants and which products they felt should
be labeled.  The respondents were specifically asked about vacuum
cleaners, chain saws,  and air conditioners.  Table 3-24 shows the
                                504

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     Replies from those respondents who had indicated that they were
bothered by noise, but who had not already mentioned that they
were bothered by these particular products.  For this reason the
number of respondents varies, and the number of persons who ac-
tually indicated displeasure with these products is higher.
There were significant differences in the responses of males and
females for vacuum cleaners with 30.7% (32 of 104) of the males
bothered by noise from vacuum cleaners, while 18% (24 of 133) of
the females responded that they were bothered.  Likewise, 28% (32
of 114) of the males were bothered by noise from air conditioners,
while 15.8% (22 of 139) of the females were similarly bothered.

                             Table 3-24
                  Particular Products as Irritants

Question:  Are you ever bothered by noise from (vacuum cleaners)
           (chain saws) (air conditioners)?

Yes
No

Vacuum Cleaners
Number
Male
32
72
104
Female
24
109
133
Total
56
181
237
Total
%
23.6
76.4
100.0
Chain Saws
Number
Male
33
78
111
Female
42
97
139
Total
75
175
250
Total
%
30.0
70.0
100.0
Air Conditioners
Number
Male
32
82
114
Female
22
117
139
Total
54
199
253
Total
%
21.3
78.7
100.0
     Respondents who had indicated in the first question asked of
them that they were bothered by noisy products or appliances were
asked to name the products that bothered them the most.  These 260
respondents named an average of 2.01 sources of noise each, encom-
passing some 80 different categories.  Table 3-25 shows the number
of times each category was mentioned.
                                505

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                            Table 3-25

                Products Whose Noise is Irritating
Question;  What are some of the products whose noise bothers you
           the most?

(N = 260)
Major Household Appliances
Washing machine
Dryer
Dishwasher
Refrigerator
Freezer
Self-cleaning oven
Humidifier
Air conditioner
Furnace
Space heater
Small Household Appliances
Appliances
Vacuum cleaner
Hairdryer
Blender
Mixer
Food processor
Ice crusher
Pressure cooker
Coffee pot
Can opener
Garbage disposal
Clock
Window fan
Exhaust fan
No. of Times
Mentioned
131
31
12
41
23
2
1
2
10
7
2
88
11
27
7
14
1
1
2
1
3
6
5
2
4
4
% of Total
Number
25.0
5.9
2.3
7.8
4.4
0.4
0.2
0.4
1.9
1.3
0.4
16.8
2.1
5.2
1.3
2.7
0.2
0.2
0.4
0.2
0.6
1.1
1.0
0.4
0.8
0.8
% of Respondents
Mentioning
50.4
11.9
4.6
15.8
8.8
0.8
0.4
0.8
3.8
2.7
0.8
33.8
4.2
10.4
2.7
5.4
0.4
0.4
0.8
0.4
1.2
2.3
1.9
0.8
1.5
1.5
                                506

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      Table 3-25 (Continued)
Products Whose Noise is Irritating


Power Tools
Power tools
Drills
Lawnmowers
Chain saws
Leaf machine
Air compressor
Machinery
Machines
Vibrating machinery
Industrial machinery
Factory noise
Auto shop noise
Conveyor belt
Farm machinery
Tractor equipment
Vehicle Noise
Traffic
Cars
Trucks
Motorcycles
Buses
Trains
Subways
Airplanes
Motorboats
Snowmobiles
Garbage trucks
Office Equipment
Typewriters
Adding machines
Computers
Teletype machine
No. of Times
Mentioned
38
9
3
19
5
1
1
35
15
2
11
3
1
1
1
1
134
5
34
16
27
7
5
2
25
1
5
7
7
3
1
2
1
% of Total
Number
7.3
1.7
0.6
3.6
1.0
0.2
0.2
6.7
2.9
0.4
2.1
0.6
0.2
0.2
0.2
0.2
25.6
1.0
6.5
3.1
5.2
1.3
1.0
0.4
4.8
0.2
1,0
1.3
1.3
0.6
0.2
0.4
0.2
% of Respondents
Mentioning
14.6
3.5
1.2
7.3
1.9
0.4
0.4
13.5
5.8
0.8
4.2
1.2
0.4
0.4
0.4
0.4
51.5
1.9
13.1
6.2
10.4
2.7
1.9
0.8
9.6
0.4
1.9
2.7
2.7
1.2
0.4
0.8
0.4
               507

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      Table 3-25 (Continued)
Products Whose Noise is Irritating


Products Whose Purpose is Noise
Television
Stereo
•Radio equipment
CB radio
Radio & TV ads .
Juke box
Music in stores
Telephones
Intercom system
Horns
Buzzers
Factory whistle
Police and fire sirens
Smoke detectors
Fire alarms
Burglar alarms
Firecrackers
Miscellaneous
Noise in general
People/talking
Toys
Barking dogs
Dishes in restaurants
Toilet
Fish tank pump
Reservoir
Transformer
Fluorescent lights
No. of Times
Mentioned
66
17
15
6
4
2
1
1
3
2
3
3
1
4
1
1
1
1
24
3
5
2
4
1
3
2
1
1
2
% of Total
Number
12.6
3.3
2.9
1.1
0.8
0.4
0.2
0.2
0.6
0.4
0.6
0.6
0.2
0.8
0.2
0.2
0.2
0.2
4.6
0.6
1.0
0.4
0.8
0.2
0.6
0.4
0.2
0.2
0.4
% of Respondents
Mentioning
25.4
6.5
5.8
2.3
1.5
0.8
0.4
0.4
1.2
0.8
1.2
1.2
0.4
1.5
0.4
0.4
0.4
0,4
9.2
1.2
1.9
0.8
1.5
0.4
1.2
0.8
0.4
0.4
0.8
                508

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     The major  types of products  whose  noise is most  irritating
to  the  respondents  are  household appliances  and vehicle  noise.
Particular products frequently mentioned include  dishwashers,
washing machines,  vacuum cleaners, automobiles,  and  motorcycles.
     When asked specifically about products which they felt should
be  labeled,  those  516  respondents,  who  had  indicated that  they
would use  a  label  if it were available,  named an average  of  1.73
products each  as needing  labels.   As Table  3-26 shows,  over  60
categories of products were  mentioned, and again household appli-
ances were  the  most frequently named  type of products.   Over  25
percent of the respondents also mentioned different  kinds  of power
tools.
     The very  high  proportions of respondents  mentioning  vacuum
cleaners, air conditioners,  and chain  saws may  have  been  affected
by the questionnaire, since previous  questions had mentioned these
products.
                                509

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                            Table 3-26

                Products Which Need to be Labeled
Question;  Are there any products you think it would be particu-
           larly important to label?

(N-516)
Major Household Appliances
Washing machine
Dryer
Dishwasher
Refrigerator
Freezer
Humidifier
Air conditioner
Furnace
Space heater
Trash compactor
Small Household Appliances
Appliances
Vacuum cleaner
• Hairdryer
Blender
Mixer
Food processor
Ice crusher
Can opener
Garbage disposal
Clock
Window fan
Exhaust fan
Electric broom/sweeper,
Floor polisher
Sewing machine
Electric razor
Electric knives
No. of Times
Mentioned
261
57
28
46
52
7
1
55
6
8
1
350
41
172
11
39
20
4
3
9
9
5
4
9
10
1
10
2
1
% of Total
Number
29.3
6.4
3.1
5.2
5.8
0.8
0.1
6.2
0.7
0.9
0.1
39.2
4.6
19.3
1.2
4.4
2.2
0.4
0.3
1.0
1.0
0.6
0.4
1.0
1.1
0.1
1.1
0.2
0.1
% of Respondents
Mentioning
50.6
11.0
5.4
8.9
10.1
1.4
0.2
10.7
1.2
1.6
0.2
67.8
7.9
33.3
2.1
7.6
3.9
0.8
0.6
1.7
1.7
1.0
0.8
' 1.7
1.9
0.2
1.9
0.4
0.2
                                510

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     Table 3-26 (Continued)
Products Which Need to be Labeled


Power Tools
Power tools
Lawnmowers
Chain saws
Air compressor
Snowblower
Lawn trimmer ;
Well pump
Air hammer
Machinery
Industrial machinery
Anything with a motor
Vehicle Noise
Cars
Trucks
Motorcyles
Trains
Airplanes
Motorboats
Snowmobiles
Outdoor vehicles
Mufflers
Helicopters
Office Equipment
Typewriters
Copier
No. of Times
Mentioned
143
15
45
69
4
4
1
2
3
9
5
4
62
21
10
20
1
2
1
2
1
3
1
2
1
1
% of Total
Number
16.0
1.7
5.0
7.7
0.4
0.4
0.1
0.2
0.3
1.0
0.6
0.4
7.0
2.4
1.1
2.2
0.1
0.2
0.1
0.2
- 0.1
0.3
0.1
0.2
0.1
0.1
% of Respondents
Mentioning
27.7
2.9
8.7
13.4
0.8
0.8
0.2
0.4
0.6
1.7
1.0
0.8
12.0
4.1
1.9
3.9
0.2
0.4
0.2
0.4
0.2
0.6
0.2
0.4
0.2
0.2
             511

-------
     Table 3-26 (Continued)
Products Which Need to be Labeled


Products Whose Purpose is Noise
Television
Stereo
Radio
Receivers
Headphones
Telephones
Smoke detectors
Miscellaneous
Everything
Anything over 90 decibels
Any noise damaging to health
Anything that interferes with sleep
Beauty shop noise
Toys
Fluorescent lights
Guns
No. of Times
Mentioned
20
5
8
3
I
I
I
1
45
23
5
2
2
3
8
1
1
% of Total
Number
2.2
0.6
0.9
0.3
0.1
0.1
0.1
0.1
5,0
2.6
0.6
0.2
0.2
0.3
0.9
0.1
0.1
% of Respondents
Mentioning
3.9
1.0
1.6
0.6
0.2
0.2
0.2
0.2
8.7
4.5
1.0
0.4
0.4
0.6
1.6
0.2
0.2
             512

-------
                            Conclusions

     The  results  of  this nationwide survey show  that  the  general
public has some awareness of noise, and is a concern to a signifi-
cant  number  of people.   When  they  are asked  specifically,  most
people are able  to identify products that bother them.  Most re-
spondents state  that the products  that bother them the most are
those used by someone else,  rather than those they use  themselves.
     Household appliances, vehicles, and  power  tools are the  most
frequently named sources of  irritating  noise.   Since many of these
products  are  purchased  by consumers for their  own  use,  the prod-
ucts  would  appear to be likely  candidates for  noise labeling.
     A majority of the public is in favor of the government's  set-
ting  noise  levels for  certain  products.   The public  also shows
general  support  for  a  labeling program,  stating that  they would
like  to  have such labels,  that  they  would  use such  labels,  and
that  they would  still want  the  labels even if  this  increased the
price of  the  products.   Consumers want the  manufacturer to supply
the  noise information  but  feel that  the  EPA  would provide  more
accurate  information.   This  supports  the proposed product noise
labeling program, which would require manufacturers to  supply
accurate and verifiable noise data on a label,  with EPA's enforce-
ment  procedures  to  assure  that manufacturers  comply with  the
requirements.
     The  label must  be  made  intelligible  to  the consumers  to  make
use of the  limited understanding  of the  terminology and relative
levels of acoustic  rating  scales.   Consumers  are interested  in
noise as a factor in  their purchase decisions,  and there is reason
to believe that, provided with  a  clear  label,  they  will use it to
purchase quieter products.  The  respondents  stated a general will-
ingness to pay more in order to  get a quieter product.
     There were  almost  no  differences  between respondents  from
different regions of  the country and few differences by sex.  This
implies that a general consumer  education program can be developed
                                513

-------
for the  entire  country.   The most  important  point is that  such
a program is needed  if consumers are to better understand  and  most
effectively use noise information on labels when purchasing a
product.
                               514

-------
             SECTION 3:  TEST OF NOISE LABEL ELEMENTS
INTRODUCTION
      In order  to provide noise  information to the public, as re-
quired by Section 8 of the Noise Control Act, that would, in ef-
fect, be usable, the Agency proposed the general provisions for
protect noise  labeling on June  22, 1977, in the Federal Register
[4].
      This proposed regulation included provisions on the content
and format of  the noise labels  and solicited comment from the
public.  The following information and data were proposed as the
content of the labels  [5] :
      (A)  The  term "Noise Rating" if the product is noise produc-
          ing, or the term "Noise Reduction Rating" if the prod-
          uct  is noise reducing;
      (B)  An acoustic descriptor rating;
      (C)  Comparative acoustic  information;
      (D)  Product manufacturer  identification;
      (E)  Product model number or type identification;
      (F)  The phrase "Federal law prohibits removal of this label
          prior to purchase";
      (G)  The U.S. Environmental Protection Agency logo;
      (H)  The term "Environmental Protection Agency"; and the for-
          mat proposed for the label is shown in Figure 3-1.
     The appropriate acoustic descriptor (A), the acoustic de-
scriptor (B) rating and the comparative information (C) would be
provided in a regulation specific to a certain product.  A sample
noise label, less descriptor rating and comparative information,
is shown in Figure 3-2.
     To further evaluate the proposed and alternative means of
communicating noise information on product noise labels, the
Agency felt that additional public response and perceptions were
necessary.

                                515

-------
               Figure 3-1

A
2
_
.1
j<
Y
5Y
: —
3Y
IY
\
•t I
-{ ' J
r ^]
(AJ (B}
tc)
ID) IE)
(F) IG) (H)
v J
/
<>
-'-.1Y
•M
'(.75X)
               Figure 3-2
Noise
Rating
                              (B)
                 (C)
Manufactured
                     Camoridge Corporation,
                     Boston, Mass.
Federal law prohibits
removal ofthis label.
                7% •,  Environmental Protection
                     Agency.
                  516

-------
      Therefore,  the Agency  conducted an  in-depth study of  the
 public's  perception  of  the proposed noise  labels,  and others
 suggested  as alternatives/ by means of a door-to-door public
 survey.   In  addition,  based  on the direction the  results of  the
 door-to-door  survey  led us, the Agency conducted a series of  focus
 group discussions on the  labels to further  define the  most effec-
 tive, most informative label content  and format for  the Product
 Noise Labeling program.
      The objectives, procedures,  results, and conclusions of  the
 door-to-door  survey  and  the  focus  group discussions are  described
 in the  first and second parts of  this section,  respectively.
      The interview protocols  used  in the door-to-door survey  and
 focus group interviews are provided in Appendix B and C.   Appendix
 D contains  a summary  of  consumer  comments  obtained in  the  focus
 group sessions.
 DOQR-TO-DOOR SURVEY TO EVALUATE ALTERNATIVE  MEANS OF
 COMMUNICATING NOISE INFORMATION ON PRODUCT LABELS

     The proposed general provisions of  the  noise labeling program
 provided that  the  acoustic  descriptor  rating and the comparative
 acoustic information  would  be specified as  part of  a regulation
 on  a  specific  product.  An  independent contractor  conducted the
 personal interview  door-to-door  survey  for  the  Agency  to gather
 the information the Agency needs to properly evaluate a number of
methods  for communicating  descriptor  and  comparative  acoustic
 information to the public.

Objectives
     An  ideal  noise descriptor  rating  should be precise  enough
to  allow consumers to  distinguish  between   products  having  dif-
ferent noise levels.   It should  be based upon a system  or  scale
so  that  each  value represents only one meaning or  noise  level.
It should  be  easily measurable  and accurate;  and  it should  be
administratively and  technically  feasible to use  in  a noise
labeling  program.
                               517

-------
     The decibel, which  is  a  measure  of  the  magnitude  of a parti-
cular  quantity  of sound  (such  as sound power or  sound  pressure)
with  respect  to a standard  reference value (20 micronewtons  per
meter  squared  (20/nN/m2) for sound pressure, and 10  pico-watts
(lOp-watts)  (10~12 watts) for sound  power), possesses all  of  the
above characteristics.
     For  this  reason noise  labels  incorporating decibels  as  the
descriptor were  used  in  the door-to-door survey.   Since  the deci-
bel scale is logarithmic, and potentially difficult to  understand,
a  label  with  a "number only" and a  label with an  explanation  of
the decibel scale ware  also used in  the  survey.   The  explanation
of the decibel scale  read as follows:   "A 10  decibel increase will
roughly double the amount of noise a product  makes."*
     The  comparative  acoustic  information  on the noise  label
should  provide additional assistance to consumers who wish  to
purchase quieter products by using noise labels.  Three methods  of
providing comparative information were  tested  in the door-to-door
survey.   A simple  statement  urging  consumers  to   "Compare  Noise
Ratings" was tested.   A  statement attempting to inform  consumers
about the general noise  level of the labeled product  was  tested.
This  second  statement,  referred  to  as  the  barometer statement,
read as  follows:  "60-75  decibels may interfere with TV  listening
in a roort adjacent to the device."  Finally,  a  statement  providing
information about the  specific  noise level  of  the product  being
labeled relative to  the  noise  levels  of other products  of the same
type was tested.  This statement, referred to as the range  infor-
mation, read as follows:   "The range  in noise ratings for products
of this type is approximately  60  to  80 decibels."
     A total of  nine  different  labels were developed to  test the
various  methods of  presenting  the  descriptor and comparative
information.   Five labels stating "decibels" were tested - four
*Actually, to be  completely  accurate  in the technical sense  this
 statement should read "A 10-decibel  increase will  result  in noise
 which is 10  times  the amplitude, but only perceivable to people
 as twice as loud."
                               518

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 with comparative information only, and one with  both  comparative
 information and a short explanation of the nature of  the decibel
 scale.  Four  different "number  only" labels were  tested, each
 corresponding  to one of the four  decibel labels.  The descriptor
 and comparative information  variations  tested  in  the door-to-door
 survey are  shown in  Figure 3-3.   The  "A"  labels correspond  to the
 labels stating "decibels".   The "B"  labels correspond  to the
 "number only"  labels.   The  objective  of  the door-to-door  survey
 was to  obtain  information  necessary to  evaluate the  methods
 of  providing descriptor and  comparative  acoustic information on
 product noise  labels described  above and shown in Figure 3-3.

 Procedures
     The  door-to-door  survey was conducted in the Washington,
 D.C. metropolitan  area.   Blocks were randomly selected using the
 Block  Statistics  of  the U.S. Census Bureau covering the District
 of  Columbia,  the City  of Alexandria, Virginia and Arlington
 County, Virginia.  Five sequential households were surveyed from a
 random  starting point on each block.  The survey took place April
 10th through April 26th, 1978,  from 3:30 p.m. to 7:30 p.m. each
 day.   The  only requirement  for  the selection  of  a  respondent
 within  a  household was  that  the  person be  actually  involved  in
 the  purchase of appliances for  that household,  i.e.,  someone who
 would  potentially  use  noise  labels.   Once the appropriate person
 was available,  an interview was  conducted.
     Initial questions related  to  noise as  a potential irritant.
 Respondents were  then asked  to rate  a label for its  ability  to
 communicate information,  once  after seeing  the label for only
 10  seconds, and then  again  after having read  the  label for  as
 long as  he  or  she wished.   A second label, presenting the  same
descriptor  and  method of providing comparative  information,  but
having  a different numerical  value,  was then shown and the per-
son's  understanding of  the labels was tested.   Respondents  were
asked which  of  the two  products  would make more noise,  whether
either  of the two products  would be good to  purchase  if they were
                               519

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                                      Figure 3-3
    Descriptor  and Comparative  Information  Variations  for Labels
    Al
                A.  (decibel)
/-
Noise
Rating
60 decibels
\
Compare Noise Ratings
A2 (Range)
r

Noise
Rating
The range in noise rating
is approximately:
60 decibels
for products of this type
60 to 80 decibels
\

     A3 (Barometer)
     Noise
     Rating
  60 decibels
 60*75 decibels may interfere with TV listening in a
          room adjacent to the device
     A4 (Range and Barometer)
     Noise
     Rating
  60 decibels
The range in noise ratings
for products of this type is
approximately: 60 to 80
decibels
60 to 75 decibels may
interfere with TV
listening in a room
adjacent to the device
     AS (Range and Explanation)
f~ Noise
Rating
The range in noise ratings
for products of this type is
approximately: 60 to 80
decibels
A
60 decibels
A 10 decibel increase
wfll roughly double
the amount of noise
a product makes
                              Bl
                                       B. (number only)
                                                        Noise
                                                        Rating
                                                        60
                                                                Compare Noise Ratings
                                                        B2 (Range)
                                                        Noise
                                                        Rating
                                                        60
                                                     The range in noise ratings for products of this type
                                                              is approximately: 60 to 80
                              B3 (Barometer)
     Noise
     Rating
60
                               60-75 may interfere with TV listening in a
                                    room adjacent to the device
                              B4 (Range and Barometer)
     Noise
     Rating
60
The range in noise ratings    60-75 may interfere with
for products of this type is   TV listening in a room
approximately: 60 to 80    adjacent to the device
                                             520

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 interested in  buying a quiet product,  and so on.   To develop
 information concerning the background of  the person  answering  the
 questions, questions were asked  about age,  occupation,  education,
 attitudes toward noise, and  attitudes toward the labeling of prod-
 ucts to show their noise characteristics.
     A copy of  the  interview procedures is  included  in  Appendix B
 to this Part.

 Results
     A total  of 144 persons were  interviewed:   49 from the Dis-
 trict  of  Columbia,  60  from Alexandria,  and 35 from  Arlington.
 Their  demographic profile  is  shown  in  Tables  3-27 through 3-30.
 Females and  non-whites  were  overrepresented in  the  sample.    The
 overrepresentation of  females  reflects  their availability during
 the survey hours  and the numbers of females actually involved in
 product  purchasing.   The overrepresentation  of non-whites in
 the survey was intentional,  considering  the  population composition
 of the Washington, D.C.  metropolitan area, so that  a  more reliable
 estimate of the usefulness of the  information on noise  labels  to,
 and the  perceptions of  the  noise  labeling  program  by non-white
 groups might be obtained.
     The results  of  the  door-to-door survey in this metropolitan
 area indicate,  as did  the  nationwide telephone survey  previously
 conducted,* that there is strong  consumer  support for noise label-
 ing, as shown  in  Tables  3-31  and  3-32.    When  asked, "Would  you
 like to see  a label placed  on products  to show how much noise
 they make?", approximately 85 percent of the people questioned in
 the survey indicated support.   About 67  percent  of the respondents
reported  that they  would want  noise label information  even if an
 increase  in the price of  the products resulted.  These results are
similar to  those obtained  in  the  nationwide  telephone survey.
*Part III - Section 2.
                               521

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                   Table 3-27
 Sex of Those Respondents Answering This Question

Male
Female
Total
Number
55
82
137
Percent
40.0
60.0
100.0
                   Table 3-28
Race of Those Respondents Answering This Question

White
Non-White
Total
Number
74
64
138
Percent
53.6
46.4
100.0
                       522

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                      Table 3-29
Education of Those Respondents Answering This Question

Less than high school
graduate
High school graduate
Some college
College graduate
Graduate work
Total
Number
24
34
25
34
25
142
Percent
16.9
23.9
17.6
23.9
17.6
99.9
                      Table  3-30
  Income  of  Those  Respondents Answering  This  Question

Under $5,000
$5,00049,999
$10,000-$ 14,999
$15,000-$ 19,999
$20,000-$24,999
$25,000 or more
Total
Number
9
13
30
20
23
33
128
Percent
7.0
10.2
23.4
15.6
18.0
25.8
100.0
                         523

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                            Table 3-31

             Desire to Have Label Placed on Products
Question:   Would you  like  to see  a  label placed  on  products to
           show how much noise they make?

Yes
No
Don't know
Total
Number
121
15
7
143
Percent
84.6
10.5
4.9
100.0
                            Table 3-32

                 Willingness to Pay for the Label
Question;   If  putting  a label on products  to  show how much noise
           they make  would  increase  the  price  of  the products,
           would you still want the information?

Yes
No
Don't know
Total
Number
87
39
4
130
Percent
66.9
30.0
3.1
100.0
                                524

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     Respondents  also  reported that  they  would read the  labels,
that the  labels  contained  believable  information,  that  the labels
contained easily  understandable words,  and that the labels  would
encourage them to buy quiet products.
     Many of those  questioned,  however,  expressed  concern  that
there was too little information on the  labels.
     Some very interesting response patterns were  identified  when
the  respondents  were asked  to rate  the various  labels on  their
ability to  communicate  information.   For one,  the ratings on the
labels  stating  "decibels"  went down  from  label to label  as  more
information  was  provided  on the label,  while  the ratings on the
"number only" labels went up from  label  to label as more  informa-
tion was  provided on the label - suggesting that additional  deci-
bel  information  was confusing  people.   Also,  the  ratings on the
decibel labels  were low when rated after  viewing them for 10
seconds, but went uip_ after  respondents read the  labels for  as  long
as  they wished.   The "number  only"  labels were rated high  after
being viewed for  10  seconds, but went down after respondents  read
the  labels   for  as  long as  they  wished.  At  first glance,  the
respondents  apparently  believed that the labels  stating  "decibels"
were too  difficult  to  understand.   After reading  those labels
thoroughly, however,  they  were  not as hard  to understand as
respondents  originally  thought. Whereas, the respondents believed
"number only"  labels to be  easy   to  understand  at first  glance,
but  as  they read  these  labels more carefully,  they  began to
believe they did not understand them as well  as  they originally
thought.
     To determine whether people understood  the direction of  the
noise rating scale,  each  respondent was shown  two labels  and  was
told the labels would be found  on two  different  types of products.
The first label had  a 60 decibel  rating;  the second label had  a 50
decibel rating.   The respondent was  then  asked  which  of  the  two
labeled products  would  make  more  noise.   The.  correct answer  was
the 60  decibel product.
                                525

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     There was essentially no  difference  on  this  question  between
responses  to  labels  stating  "decibel" or "number  only".    About
80 percent of  the consumers  who were  shown decibel  labels  and  80
percent of the  consumers who were  shown "number  only"   labels
responded by saying  that  higher  numbers would  represent  a  noisier
product.   Twenty  percent responded  that  the  lower number  would
represent a noisier product.
     An  indirect  reference to  the direction of the  decibel scale
was  included on  Label A5  which said,  "a  10 decibel  increase will
roughly  double  the amount of  noise  a product  makes."   About  90
percent  of  the people  shown  Label A5  responded  that higher was
noisier.  Although this represents  somewhat of  an improvement,  it
suggests that  a  direct reference to  the  direction of the  decibel
scale,  such  as "lower noise ratings mean quieter  products"  is
required.  Table  3-33 presents  the  results  of the  questions,  by
the  three types of labels tested, concerning the  direction  of the
scale.
     The  labels   containing  barometer statements  were  misinter-
preted by the majority of those  questioned.  The  barometer  infor-
mation on the  60  decibel  label read as follows:  "60 to 75 deci-
bels may interfere with  TV  listening in  a  room  adjacent   to the
device."  The  barometer information on the 50  decibel label read
as follows:  "45 to 60 decibels may interfere with TV listening  in
the  same room as  the  device."  The  concept of  TV  interference and
the  concept of distance  used  in these statements were  misinter-
preted.   Many people regarded TV  interference in  the  "viewing"
sense,  not  in  the "hearing"  sense,  and  many  believed  a  product
which would interfere with  TV listening  in  the same room  as the
device would be  louder than  a product which would interfere with
TV listening  in  a room adjacent to  the  device.  These results
suggest  that the  specific barometer statements  used  in the  survey
were inadequate.   They do not necessarily suggest,  however,  that
the barometer  approach is  inadequate.
                                526

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                                Table  3-33

                            Direction  of  Scale
Question;   Can you tell  me which of  the two products would  make
            more  noise?
                             Decibel Labels (A1-A4)

Correct (higher number)
Incorrect (lower number)
'Total
Number
49
13
62
Percent
79.0
21.0
100.0
                          "Number Only" Labels (B1-B4)
„
Correct (higher)
Incorrect (lower)
Total
Number
51
13
64
Percent
79.7
20.3
100.0
                         Decibel/"10 Decibel Increase" (AS)
,
Correct (higher)
Incorrect (lower)
Total
Number
16
2
18
Percent
88.9
11.1
100.0
                                   527

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     To  determine  the  effectiveness of  providing  a  range  of
"ratings"  as  the  comparative  acoustic  information,  respondents
were shown two different  labels having different noise ratings and
different ranges of ratings.  The  first  label  had  a noise  rating
of 60 decibels and a range of 60 to 80 decibels.  The second label
had a  noise rating  of  50 decibels and a range of  30  to  50 deci-
bels.   Respondents were told  the labels  would  be found  on two
different types of products  and  were then  asked, "If you  were
interested in  buying a quiet product do you think the product with
the first label on  it would be a  good product  to buy? And why?"
The correct response would be "yes" since  the  product was  at the
lower end of  the  range.  Consumers were  then asked,  "If  you were
interested in buying a  quiet  product do  you  think the product
with the  second label on it would be a good buy?   And why?   The
correct response would be "no" since  the product was  at  the very
top of the range.
     Very few people  (about  10  percent)  were  able  to answer the
range question  correctly.   Since  they were  also  asked  why  they
responded as they  did, it was possible to identify the reasons for
the  incorrect  responses.   Three  basic reasons  were  identified.
First, one  group  of respondents  believed that the  higher  number
was the  quieter product and  therefore  their  responses to  this
question  were reversed.  Second, another group of respondents
misunderstood  the range  statement.  This group thought the range
information referred to  the particular product being  labeled and
not to  other  products of its  type.   They believed that  the  60
decibel  product - "under different conditions,"  "at different
speeds,"  "at  different times" -  could be as loud  as  80  decibels
and therefore would not be a good  product  to buy,  whereas  the  50
decibel product "could only be quieter"  or "could  make as  little
as 30 decibel noise" once you bought  it,  and  therefore would be a
good buy.  Finally,  a very large group of respondents compared the
noise  ratings  only and  disregarded  the  range  information.   The
number  of people  in this group  increased  dramatically  as the
                               528

-------
amount  and  complexity of the  information  on  the test labels in-
creased.  This finding is not inconsistent  with several well-known
"information overload" theories.
     To  determine  if  consumers presently understand the mathema-
tical  or logarithmic  nature of  the decibel scale  and  whether  a
simple  label statement explaining the nature of the decibel scale
would  suffice,  respondents  to this  survey were shown  labels
and  asked,  "What would  the  noise  rating be for  a product which
is  twice  as  loud as a 60 decibel product?," and  "What  would the
noise  rating be for  a  product which  is  half  as loud as  a 50
decibel product?"  The results are shown in Tables 3-34 and 3-35.
Clearly, the respondents did  not  understand  the mathematical
nature  of  the  decibel scale.  Only 5  percent  correctly answered
that  70 decibels  would  be  approximately twice  as  loud  as 60
decibels, and not one person responded correctly that 40 decibels
would be half as loud  as 50  decibels.   What is more problematic,
however, is that the  following explanation of the decibel scale  -
"a  10  decibel  increase will  roughly double the  amount of noise  a
product makes"  -  provided  little  improvement.   Only  about 17
percent of the  consumers shown this information provided  the
correct response.
     When asked  if they believed  they could use the  kinds of
labels shown to  them to purchase quieter products, and why or why
not,  the  answers were favorable,  but  respondents  expressed  the
desire  to  learn  more  about  decibels.  Table 3-36  shows  the per-
centage, by  type of  label, of  those answering the question that
believe they could  use the labels.

Conclusions
     While the people questioned in  this  survey  responded  very
favorably to a noise  labeling  program - stating  that  they would
like to have  noise labels on  products  and  that they could  and
would use the noise labels - many of the  responses to  the ques-
tions requiring some understanding of "decibels"  and the intended
use of  the  information on the label were  unfavorable.   Very  few
respondents  were able  to correctly use  the  range information

                               529

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                              Table 3-34

                 Question on Nature of Decibel Scale
Question;
What  would the  noise rating be for  a product  which is
twice as  loud as a 60 decibel product?
                           Decibel Labels (A1-A4)

Correct (70 decibels)
Incorrect (120 decibels)
Incorrect (other numbers)
Don't know
Total
Number
3
28
16
16
63
Percent
4.8
43.6
25.8
25.8
100.0






                      Decibel/" 10 Decibel Increase" (A5)

Correct (70 decibels)
Incorrect ( 1 20 decibels)
Incorrect (other numbers)
Don't know
Total
Number
3
5
6
4
18
Percent
16.7
27.8
33.3
22.2
100.0






                                  530

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                             Table 3-35

            Another Question on Nature of  Decibel Scale
Question;   What would the  rating be for a product which is  half as
            loud as a 50 decibel product?
                            Decibel Labels (A1-A4)
1
Correct (40 decibels)
Incorrect (25 decibels)
Incorrect (other numbers)
Don't know
Total
Number
0
30
20
14
64
Percent
0.0
47.5
31.2
21.3
100.0
                       Decibel/" 10 Decibel Increase" (AS)

Correct (40 decibels)
Incorrect (25 decibels)
Incorrect (other numbers)
Don't know
Total
Number
3
7
5
3
18
Percent
16.7
38.9
27.7
16.7
100.0
                                 531

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                             Table  3-36
                       Ability to Use Labels
Question;   Do  you think  that you  could  use these  kinds of  labels
            to purchase quieter products?
                           Decibel Labels (A1-A4)

Yes
No
Don't know
Total
Number
44
14
6
64
Percent
68.8
21.9
9.4
100.1
                        "Number Only" Labels (B1-B4)

Yes
No
Don't know
Total
Number
47
11
4
62
Percent
75.8
17.7
6.5
100.0
                       Decibel/"10 Decibel Increase" (A5)

Yes
No
Don't know
Total
Number
14
2
2
*8
Percent
77.8
11.1
11.1
100.0
                                  532

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 provided on  the labels, many misinterpreted the barometer informa-
 tion,  and  only a  very small percentage of those  answering  ques-
 tions  on the  "decibel"  understood its mathematical  nature,  even
 when "a 10 decibel  increase will roughly double the amount  of
 noise  a product makes" was  included  on the label.   However,  the
 answers  that were given  to  the question "why" they  answered  the
 choice-of-product  questions  suggested:   that  a minor  modification
 to  the range  statement  might  increase  consumer   understanding  a
 great  deal;  that  alternative barometer statements might be  more
 successful  than  the one  used  during  the  survey;  and that  addi-
 tional explanatory  decibel information might be an acceptable
 substitute for a complete understanding of the mathematical nature
 of the decibel scale.

 FOCUS GROUP DISCUSSIONS

 Objectives
     The objectives  of the  focus  group discussions were closely
 tied to the conclusions of the door-to-door  survey. They were  to:
 (1)  determine  if  consumers  needed  to understand the  mathematical
 nature of decibels to be able to use decibel noise  labels; (2) de-
 termine if negative  responses to the  range  and  barometer informa-
 tion obtained in  the door-to-door  survey were  related  to the
 specific statements  used  to communicate  this information,  or  to
 the  informational approach in general;  and  (3)  determine what
 information consumers would  like to have placed  on  labels, and how
 they would like it to be communicated.

Procedures
     Five focus group session's were conducted  with  people selected
through a quota sampling system.
     The quota sampling  was intended to .develop  a group of par-
ticipants that would  be approximately  50% male and  50%  female with
a total composition of  approximately 15%  non-white.  The  group was
                                533

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intended  to be based  on a broad  range of demographic features
primary of which were age, education,  sex,  race and  family  income,
but not in that order.
     A total of 62 people  attended the  five  focus group sessions.
Their  demographic  characteristics are  presented in  Tables  3-37
through 3-41.  As can be seen from these tables a wide  representa-
tion of consumers  was  obtained.   A  summary of  the participants1
reactions  to each of the  labels tested  is  provided  in  the  follow-
ing section.  Appendix  D contains  a more detailed summary of  focus
group comments.
                           Table 3-37
                      Age of Participants

20 and younger
21-25
26-30
31-35
36-40
41-45
46-50
51-55
56-60
61 and older
Total
Number
2
10
21
17
5
1
0
3
2
0
61
Percent
3.3
16.4
34.4
27.9
8.2
1.6
0
4.9
3.3
0
100.0
                                534

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       Table  3-38
 Sex  of  Participants

Male
Female
Total
Number
30
32
62
Percent
48.0
52.0
100.0
j
       Table 3-39
Education of Participants

High school grad or GED
Some college
College degree
Some graduate work
Advanced degree
Total
Number
11
27
13
2
9
62
Percent
] 62.0
| 38.0
100.0
       Table  3-40
  Race  of  Participants

White
Non-white
Total
Number
55
7
62
Percent
89.0
11.0
100.0
           535

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                           Table 3-41
            Annual Household Income of  Participants

$5,001-$ 10,000
$10,001 -$15, 000
$15,001 -$20,000
$20,001-$25,000
S25,001-$30,000
$30,001-$35,000
S35,001-$40,000
$40,001 and over
Total
Number
5
19
4
14
10
13
5
2
62
Percent
} 39.0
) 45.0
) 16.0
100.0
     The procedures in the focus  groups  included a series of prod-
uct  and  label displays,  followed  by self-administered question-
naires  and in-depth  exploratory interviewing.  Four different
types of  products  were labeled  and  displayed in  the  first four
focus groups - three  food blenders were  labeled with "Compare
Noise Rating"  labels  which stated "decibels" next  to  the number
value Of  the rating;  three food  mixers were labeled with labels
showing a range of  "ratings";  three hair dryers  (blow dryers) were
labeled with "decibel  guide"  labels,  i.e.,  a  barometer  by which it
was possible  to gauge  the effect of  certain levels of noise; and
three power  drills were labeled with "as  loud  as"  labels, i.e.,
the decibel  levels associated with  certain  products or actions.
Power drills  were  also labeled  in the  fifth focus group  session
with  labels  developed  from recommendations obtained  during
the first  four  sessions.   Samples of each of  the  above types of
labels and alternative  labels which were shown to participants of
the focus  group discussions  are provided  in the  Results  section
which follows.
                                536

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Results
     o  General Reactions to Labels Stating Decibels
        (Label A: Figure 3-4)
     The EPA  seal  and  name on the label served to legitimize  the
label  information.   It was likened by many to the EPA  automobile
MPG labeling program -
     -"If someone  saw  EPA they'd think of  automobile regulation.
      They'd  relate it  to the way  the government  is  trying  to
      regulate gas mileage."
     -"We always hear about the EPA ratings on gas mileage  and  all
      it means  to  me is  'measurement.'  It doesn't mean approval
      or disapproval."
     All of the  participants understood that the general  purpose
of the noise labels was to communicate information on  a  product in
the form  of a noise rating, but  some of the consumers did  not
understand the direction  of  the decibel scale, and many expressed
a desire or  stated a need  to  learn  more  about decibels.  No  one
expressed a desire to have  dB,  dB(A) (abbreviations for  decibel
and an  "A"-weighted decibel), or  an explanation  of  the unit  of
measurement on  the  labels,  but  several consumers suggested that
the words NOISE RATING  be changed to OPERATING NOISE  LEVEL.

     o  Range Labels (Label B:  Figure 3-5)
     General  reactions  were very positive to labels  stating  a
range of ratings:   "a product range  is important"; "it gives  you
something to  go by  -  to use as a  guide."  Very  few individuals
misinterpreted the  range  information  as was the case  in the  door-
to-door survey.   Tying the  range  down to the particular  type  of
product -  in  this  case,  food mixers  - helped to eliminate much
of the confusion encountered during  the door-to-door  survey.   The
participants  in  the discussions  also understood  the range was  an
approximate range:
     -"These end points are not necessarily fixed."
     -"Right,  it says approximately."
     -"I'll also say that I believe  there  is a drill  that  is less
      than 70  and possibly more than 92."
     -"I'll agree with that."
     -"The 'approximate' range . . .  that  kind of  spells it  out."

                                537

-------
                Figure  3-4
 Label A:  Example of a Decibel  Label
 Noise
 Rating
             Compare noise ratings.
 Manufactured by:          Cambridge Corporation.
                      Boston. Mass.
 Federal law prohibits  /'7C*S  Environmental Protection
 removal of this label.  (.SBE,1  Agency.
              Figure 3-5

Label B:  Example of a Range  Label
Noise
Rating              77***
      The approximate range in noise ratings for
       food mixers u from: 45 to 80 decibels.
Manufactured by:          Cambridge Corporation.
                     Boston, Mass.


Federal law prohibits  »'fC\  Environmental Piotection
removal of this label.  (XK/ -Agency.
                    538

-------
      o   Range Label Alternatives (Label C:  Figure 3-6)
      General reactions  to both of  the range alternatives were
 negative.   The  first  one was said to be redundant and the  second
 was said  to  be merely  a  longer way of  saying the  same thing.
 Furthermore,  the second  alternative  was  incorrectly  assumed to
 represent  the exact end  points  of the range  by some and  should
 be  avoided since,  in  fact, the end  points are approximate.  A
 consensus  was reached  in  all groups  that  the range  alternatives
 were not  as  good  as  the original  range  label shown  to  them.

      o   Decibel Guide Label (Label  D:  Figure 3-7)
      The  general reaction to  the  decibel  guide information was
 positive,  although many  participants expressed the desire to have
 the  range  information  on the label and  the decibel guide in sup-
 plementary  or  educational  materials.   Many  of  the group members
 stated  that the  decibel  guide contained too much information, but
 that  the information was necessary:
      -"I think  it is too much,  but on the  other hand, maybe they
      could make a law  to have it for about a year.   It  would
      educate the person ..."
      -"I agree with you [on that] as  far as  education  is concerned.
      This  gives  you  something  to go by, but  it shouldn't  be on
      the label all of  the time."

      o  Decibel Guide  Alternatives  (Label E:  Figure 3-8)
      Two  alternative  decibel  guides were shown  to the  focus
groups.   The first alternative incorporated only the  specific
decibel  guide  statement  which pertained to  the  particular  value
of  the  descriptor.  That  is, those sample labels which had 84
decibels as  the  value  of  the descriptor, had  only the statement
"75 and  above.   Must shout to be  understood" on  them.  This pre-
sented  a method of providing  decibel guide  information  without
providing the  entire decibel  guide  and therefore without providing
"too  much  information."  The second alternative  incorporated four
different decibel guide  statements  for  each of  the  four decibel
levels.   Two  of these statements  related to TV  interference and
had been used  in the door-to-door survey.

                               539

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                   Figure 3-6
Label C:   Examples  of  Range Label  Alternatives
Noise
Rating
                                 //
        The noise rating for this food mixer is 77 decibels.
           The approximate range in noise ratings for
            food mixers is from: 45 to 80 decibels.
Manufactured by:
                           Cambridge Corporation,
                           Boston. Mass.
Fedtral law prohibits  /
removal of ihis label.
                           Env»onrnental Protection
                           Agency.
Noise
Rating
                            77
                            //
                                       ***
  The lowest noise rating for a food mixer is approximately 45 decibels.
  The highest noise rating for a food mixer is approximately 80 decibels.
Manufactured by:
                           Cambridge Corporation.
                           Boston. Mass.
Federal law prohibits
removal of this label.
                '~r?
                           Environmental Protection
                           Agency.
                        540

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                   Figure  3-7
Label D:  Example  of a Decibel Guide Label
   Noise             Q A
   Rating            a4 decibds
                   Decibel Guide
        75 and above. Must shout to be understood.
        60-75. .May interfere with normal conversation.
        45-60. May interfere with relaxed activities.
  	   45 and below. May interfere withjieea.	

   Manufactured by:           Cambridge Corporation.
                          Boston, Mass.
  Federal law prohibits  ,'e\\   Enviionmental Piotection
  removal of this label.  UHX,'   Agency.
                        541

-------
                   Figure 3-8

Label  E:    Example  of  a  Decibel  Guide  Alternative
     Noise
     Rating
    84
decibels
                     Decibel Guide

           75 and above. Must shout to be understood.
     Manufactured by:
        Corporation,
Boston. Mass.
     Federal law prohibits  /'7C**-,  Environmental Protection
     removal o/this label.  (.SBC,1  Agency.

  ^                X-*                      ^/
      Noise
      Rating
       84
  decibels
   75 and above. Potentially damaging to hearing.
   60-75. May interfere with TV listening in a room adjacent to the device.
   45-60. May interfere with TV listening in the same room as the device.
   45 and below. May interfere with quiet activities.	
      Manufactured by:
 Cambridge Corpe/ation.
 Boston. Mass.
      Federal law prohibits  //%"'-,   Environmental Prelection
      removal of this label.  vJttt/   Agency.
                        542

-------
      The  general  reactions  to both of  the  decibel  guide  alterna-
 tives were  negative.   Many  of the participants reported,  however,
 that  they would like  to  see a statement on  the label to  inform
 them  of  potentially damaging decibel levels, such  as  "75 and
 above.   May be potentially  damaging  to hearing."   The TV  inter-
 ference statements  were criticized by all groups -  "that  last one
 is  bad  ...  really bad  .  .  . when you  have to compare it to TV .
 ..." General agreement was reached in  all  of the groups  that the
 original  decibel guide was better than the alternatives, under the
 assumption  that  the original could be  modified to  include  state-
 ments on  potentially damaging decibel levels.

      o  Test of Barometer Statements
      After  having  seen the  different  decibel  guides, the focus
 groups were asked to use the guides to estimate the  decibel  levels
 of  a  number of different sounds such as that  produced  by  thunder,
 a dishwasher, a typical  business office,  etc.  They were then
 questioned  to  determine if  any  of  the decibel guide  statements
 were  useful in estimating  decibel  levels.
      The  results  of this test  are provided  in Table  3-42.  The
 shaded  boxes  represent the  approximate level  of  noise  produced
 by  the  examples given.   With the exception of the noise level
 produced  by  a  typewriter,  the  group   members were  relatively
 accurate  in their estimates.   The  two decibel  statements - "75 and
 above.  Must shout to be understood"  and "60-75  may  interfere with
 normal conversation" - were  said  to be the most  useful  in  estimat-
 ing decibel levels.
      These results  have  several major  implications.   First,  the
 responses were obtained from people who  did not possess an  under-
 standing  of  the  mathematical nature  of decibels;  therefore,  the
decibel guide statements  can be an adequate substitute for an
 understanding of logarithms.  Second, use of  barometer statements
which best  aid  a consumer in  decibel level estimation should be
 considered for inclusion in  the labeling program.  Third, examples
                                543

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                                     Table 3-42
                        Results of Decibel Level Estimation
(Shaded areas represent decibel levels identified in published acoustical reports)

EXAMPLE:
Breathing
1 . Garbage disposal (67-93)
2. Soft whisper (30)
3. Vacuum cleaner (62-85)
4. Thunder (110)
5. Air-raid siren (130)
6. Dishwasher (54-85)
7, Typewriter (80)
8. Rustling leaves (20)
9. Typical business office (50)
Decibel Levels
45 and below
(X)
1
;^>W
i
i


5
&&%$
3
45-60

1
1
3
5
2
' *'
/u
36
18
V;;;,34'; <*
60-75

f \. f * -
/19

'*&\:. *'
20
4
y s «v
-\32
21
1
24
75 and above

. 31;:,

- 38. >/
,34 J,
56 ^
'"14 " /
f ',,f
'"

\
Percent
Estimating
Corrccilv

96.8
98.4
93.7
56.7
90.3
77.4
	 :
69.3
54.8

-------
of  sounds  used to  represent  various  decibel levels in  the  baro-
meter  statements  should  be  picked  carefully.   For  example, a soft
whisper, measured  at  approximately 30 decibels, was perceived  by
all but one of the respondents to be in the 45 and  below category,
while  rustling leaves,  which were measured  at 20 decibels  (10
decibels lower than a soft whisper) ,  were perceived to be  45  or
higher by over 30  percent of  the  focus group members.   Therefore,
a soft whisper would be a much better  example for very  low decibel
levels than  would rustling  leaves.  Along the  same  line,  an air-
raid siren would  appear  to  be  a more  appropriate example for very
high decibel  levels than would thunder.   Finally,  misleading  ex-
amples, such  as  a  typewriter, should  not  be used  as examples  of
noise  since not one of the  62  participants perceived the sound  of
a typewriter to be as loud as it  actually is.

     o  "As Loud As" Labels (Label F:  Figure  3-9)
     Consumer  reaction to  the "as loud as"  labels was  very  nega-
tive.
     -"It bordered on ridiculous."
     -"I think it is dumb."
     -"I don't care for this at all."
     Many of  the  group members reported  that they  could  not  judge
distance  very well,  that  they  could  not determine  how loud  a
motorcycle, or truck, or car  actually  sounded,  and  that  there  was
too much variability  in  the loudness  of cars,  trucks,  and motor-
cycles to make the  comparisons meaningful:   "Is it  a new Honda  or
a Harley  Davidson  with  straight  pipes?"- "Is  that a  Pinto or  a
Corvette?" "Is it  going  5 miles per  hour  or 70 miles per hour?"

     o  "As Loud As" Alternatives  (Label G: Figure  3-10)
     Two alternative  "as  loud  as" labels were shown to  the  group
members.   The  first alternative incorporated all three of  the  "as
loud as" statements  used separately on the original labels.   The
second alternative  incorporated  different "as  loud as"  examples
for the three decibel levels.
                                545

-------
                  Figure 3-9
Label  F:   Example of an  "As Loud As" Label
   Noise
   Rating
                   Decibel Guide
          90 decibels is approximately as loud as a
         moving motorcycle which is 25 feet away.
Manufactured by:
                          Cambridge Corporation,
                          Boston, Mass.
Federal law prohibits
removal of this label.
                          Environmental Protection
                          Agency.
                        546

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                    Figure  3-10

Label  G:   Examples of "As Loud As"  Alternatives
     Noise
     Rating              92
                    Decibel Guide
               70 decibels-Loud radio.
               80 decibels-Garbage disposal.
               90 decibels-Gas lawnmower.
     Manufactured by:           Cambridge Corporation.
                            Boston, Mass.
     Federal low prohibits  //%*'•,  Environmental Prelection
     removal olthis label.  (SMC,1  Agency.
     Noise
     Rating                      ***
                     Decibel Guide
          70 decibels-a moving car at 25 feet.
          80 decibels-a moving truck at 25,feet.
          90 decibels-a moving motorcycle at 25 feet.
     Manulaclured by:          Cambridge Cerporaiion,
                           Boston. Mass.
    Federal law prohibits  t'"f\\  Environmental Protection
    removal of this label.  (jfiKy'  Agency.
                    ^«
J
                        547

-------
     Consumer reaction  to  the "as loud as" alternatives was  very
negative - "I might not have  a garbage  disposal  .  .  .  What  do you
call a loud radio? ... My idea  of a loud radio might  not be  your
idea of a  loud  radio;"  "there's  too  much  variability in what  they
are comparing  .  .  . the reference  is  too variable."  The  second
alternative was  reported  to be somewhat  better  than the original
label and first alternative, although most consumers  reported  that
they did not  like  any  of  the "as loud  as" labels -  "I don't  like
any of  them/  but  the  bottom one is a  lot easier to relate  to."

     o  Test of "As Loud As" Examples
     To help  determine the usefulness of the  "as  loud  as"  ex-
amples, consumers  were  given two examples at  the  70,  80,  and 90
decibel levels  and were then asked  to  provide three examples of
their own.  The results of this  test indicate that  consumers  are
remarkably accurate  in  their estimation  of decibel  levels.   The
most  frequently cited examples for each of the three  decibel
levels  are provided in Table 3-43.  The general categories of
examples and  the  frequencies  with  which  they  were  provided  are
presented in Table 3-44.  Many of these  examples  compare favorably
with decibel  measurements  found  in published acoustical reports.
Kitchen and other  home  appliances were  the most frequently cited
examples at the 70  and  80  decibel levels,  while  tools and vehicles
(trucks  and  airplanes) were cited  most frequently at  the 90
decibel level.  The general categories also compare favorably  with
published acoustical reports.  These results indicate  (as did  the
earlier test)  that,  when  consumers  are  provided with  the  proper
supporting materials,  they  may 'be able  to effectively use noise
labels which are expressed  in decibels.
                           Table  3-43
          Most Frequently  Cited Decibel  Level Examples
70 decibels
Example
Typewriter
Dishwasher
Mixer
Hairdryer
TV
n
9
7
6
6
5
80 decibels
Example
Vacuum cleaner
Dishwasher
Hairdryer
Blender

n
14
13
10
8

90 decibels
Example
Power saw
Power (hand) drill
Pneumatic drill


n
10
9
8


                                548

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                              Table 3-44
             General Categories of Examples Provided by
           Consumers at the 70, 80, and 90 Decibel  Levels

Kitchen Appliances
(Other) Home Appliances
Tools
Vehicles
Warnings
Voice-related 'Sounds
Activity-related Sounds
Animal-related Sounds
Place-related Sounds
People-related Sounds
Other
(Total Number of respondents)
Total number of responses
70 decibels
26
31
2
4
1
5
5
2
6
0
14
(46)
96
80 decibels
27
33
4
12
3
2
5
0
0
2
5
(46)
93
90 decibels
1
8
33
21
10
2
0
0
0
1
5
(46)
81
     o  Label Preferences (Figure 3-11)
     Each focus group member was asked which of  the  label  types  -
range, decibel guide,  "as loud as" labels - he  or she liked  the
best  and  the least.   The majority reported that  they liked  the
range information  the  best and  the  "as  loud as"  information  the
least.   A number of participants reported,  however,  that  the
decibel guide  information was essential  and  should be available
in some form.
                                549

-------
              Figure  3-11
Consumer Preferences of Label Types
       (in order of preference)
Noise
Rating
        77
   decibels
       The approximate range in noise ratings for
       food mixers is from: 45 to 80'detibels.
Manufactured by:
   Cambridge Corporation,
   Boston, Mass.
Federal law prohibits
removal of this label.
.,   .Environmental Protection
,'   Agency.
Noise
Rating
    84
decibels
                Decibel Guide
     75 and above. Must shout to be understood.
     60-75.,May interfere with normal conversation.
     45-60. May interfere with relaxed activities.
     *5 end below. May interfere with deep.
Manufactured by;
    Cambrid9e Corporation.
    Boston, Mass.
Federal law prohibits
removal of this label.
   Environmental Protection
   Agency.
                     550

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         Figure 3-11  (Continued)

  Consumer  Preferences of  Label Types

        (in  order of preference)
Noise
Rating
                Decibel Guide

       90 decibels is approximately as loud as a
       moving motorcycle which is 25 feet away.
Manufactured by:           Cambridge Corporallon,
                       Boston, Mais.
Federal law prohibit!  S'f\t\'  Environmental Protection
renovafef this label.  ISK,1   Agency.
                  551

-------
Conclusions
     The results of the focus group discussions  indicate consumers
strongly agree  that  the  range in noise ratings for products of a
given type should be placed on the label,  while  barometer or deci-
bel guide  information  should accompany the  label.   The negative
reactions  to the  range and barometer during the door-to-door
survey  reflected  difficulties  that  those being  interviewed had
with the specific  statements  used  to communicate  the  information,
and not to the approaches in general.   Also,  since these difficul-
ties did  not show up  during the  focus group discussions, they
might have been a  consequence of there being no  example products
with which to associate  the  noise  labels and information state-
ments.
     The  focus  group sessions  indicated  that  an  appropriate
decibel guide or barometer may  be  an able  substitute  for consumer
understanding of the mathematical nature of  decibels.  These dis-
cussions indicated that  consumers  can, indeed,  think in terms of
decibel levels  when  they have  little  or  no  understanding  of the
logarithmic nature of  the  scale, as shown by the group members'
rather  accurate matching  of products with  appropriate decibel
levels, and rather accurately supplied examples of sources which
would produce sounds  of 70, 80,  and 90  decibels.
     A sample noise  label  recommended  by  the contractor is shown
in  Figure  3-12  based  on the results  of  the focus group discus-
sions.   A  sample noise  chart or barometer which might accompany
the label, based on  information  from the  focus group  discussions,
is shown in Figure  3-13.
                                552

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                   Figure  3-12
       Sample of Recommended  Noise Label
   Noise
   Rating               77
         Lower noise ratings mtan quieter products
Die approximate ran£e in          See the EPA Noise Rating
noise ratings for food mixers         Chart for further information.-
is from: 45 to SO decibels.          about decibel ratings.
   Manufactured bf.           Cambridge Corporation.
                          Boston, Mass.
   Fttferal law prohibits,  /X"'-,   Environmental Protection
   removal of Ihis label.  vBE,1   Agency.
                  Figure 3-13
     Sample Noise Chart or Barometer
 Noise    Rating   Chart
     75 decibels and above. Must shout to be understood.

     60 Id 75 decibels. May interfere with normal conversation.

     45 to 60 decibels. May interfere with relaxed activities.

     45 decibels and below. May interfere with sleep.
                       553

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                       REFERENCES FOR PART III


[1]   Backstrom,  Charles H.  and  General D.  Hursh,  Survey Research.
     (Evanston,  111.:   Northwestern University  Press,  1963),  p.  3.

[2]   Bryant,  Barbara E. "Respondent Selection in  a Time of Changing
     Household Composition,"  Journal of Marketing Research,  XII,
     (May,  1975),  pp.  129-135.

[3]   U.S.  Bureau of the Census, 1970 Census of  Population, General
     Population Characteristics (Washington, D.C.:  U.S.  Govern-
     ment  Printing Office,  1971).

[4]   Notice of Proposed Rulemaking.  Noise Labeling Standards:
     General  Provisions.  Federal Register, Vol.  42, No.  120,
     Wednesday,  June 22, 1977.  p. 31722.

[5]   Ibid,  p.  31725.
                                554

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                 CONSULTANT'S GUIDE FOR PART III
Human Sciences Resources/ Inc. Westgate Research Park, McLean,
Virginia.  Report #HSR-RR-78/10-Dl, 30 June, 1978.
                                555

-------
    APPENDIX A

QUESTIONNAIRE USED
IN TELEPHONE SURVEY

-------
 Wing:
(2*23)
 24-25)
(26-27)
 28-29)
            Interviewer:
m


            Date:      f3*>
            Shift:      «D  Morning

                             cfternoon
                             Evening
                              NOISE LABELING TELEPHONE SURVEY

                                                                 Area Code
                             	    Telephone Number: I   I  I   I [
nxn
                                               Number of Adults in Household:
                                               Selected Respondent:   f/;D   Male

                                                               "" «D
                                                               (20)

                                                                          Oldcst
                                                                          Youn
                                                                          Only
            Repeat as much of Introduction as necessary.
            Now I'd like to ask you a few questions.

            1.   Do you ever feel uncomfortable or irritated by noisy products or appliances in your
                 home, your neighborhood, or your place of work?
            ,-.,    «d  Yes
            (21)    «, n  jjo
                                 If no, skip to Question 5.
            2.   What are some of the products whose noise bothers you the most?
          m
          m
,32.33)     rT~]  Are there any others?
            For products below not mentioned above:
            3.  Are you ever bothered by noise from:

                    vacuum cleaners?
                    chain saws?
                    »ir conditioners?
                                       (34)
                                       (35)
                                       (36)
                                                   Yes
                                                   No
                                                   Not asked

                                                   Yes
                                                   No
                                                   Not asked

                                                   Yes
                                                   No
                                                   Not asked
                                                559

-------
4.  Are the most bothersome noisy products those that you own and use, or those used
    by someone else?
             by me
             by someone else
             both
       WD  not asked

5.   Do you think that there is much difference in the amount of noise that different brands
     of products such as vacuum cleaners or chain saws create?
             Yes
(38)    MD  No
             Don't know
             Depends on the product
Now I'd like to know something about the things you think about when you buy certain
products.

6.  Usually, in buying an appliance or a product do you consider price to be very important,
    somewhat important, or not very important?
             Very important
             Somewhat important
(39)    WD  Not very important
       WQ  Depends on the product

7.  Do you consider the brand name to be very important, somewhat important, or not
    very important?
             Very important
             Somewhat important
       WQ  Not very important
       WED  Depends on the product

8.  Usually, do you consider cost of operation to be very important, somewhat important,
    or not very important?
             Very important
             Somewhat important
       WD  Not very important
             Depends on the product
                                        560

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Coding:
             9.   How about the quietness of the operation of a product or appliance?

                   WD   Very important
             (42)   Wd   Somewhat important
                   WED   Not very important
                   WD   Depends on the product

             10.  If you were planning to buy a vacuum cleaner and the average vacuum cleaner cost about
                 $70, how much extra would you be willing to pay, in dollars, for a vacuum cleaner that was
                 only
(41441
                          three-fourths as loud?
                          half as loud?
             11.  Do you think the government should set noise levels for some products?
             Yes
(47)  p57D  ,No
     I  W D  Don't know

             Why not? _
                 If no:
             12.  Do you think consumers should be given information about the amount of noise a
                 product makes before they buy it?
            (SO)
                 If yes:
             Yes
             No
             Don't know

             Do you think this information should come from the government, from the
             manufacturer, or from some other source?
                                       the government
                                (3i D   the manufacturer
                         (51)   W D   other (specify:
                                       don't know
                                       not asked
                         Which source do you think would provide more accurate information about
                         the noise level of a product:  the manufacturer or the Environmental Protec-
                         tion Agency?
                         Ia/
                          the manufacturer
                          the EPA
                    wD  neither
                          not asked
                          both
                                                     561

-------
  Coding:
56-V)
58-59)
60-61)
             13.  Would you like to see a label placed on products to show how much noise they make?

             fs3f    WD  Yes
                    a D  No

             14.  If a noise label were provided, would you be likely to use the information in your
                 purchase decision?
                          Yes
                                   If no, skip to Question 18
                          Depends on the product

             IS. If products were labeled to show how much noise they make, would you prefer the
                 label to be:

                   (*l D  A hang tag attached to each product,
             (55)   m ^  ^ permanently affixed label on the product, or
                   W D  A single sign as part of the product display, but not attached to each item.
                          Depends on the product.
                          Not asked.
16.  Are there any products you think it would be particularly important to label?
             17, I'd like to read to you four different ways of indicating on a label amounts of noise.
                 After I have read all four, please indicate which approach you would prefer.
                    W D  A star scale where four stars meant a very quiet product.
                          A number scale where a low number meant a very quiet product.
                          ^ color-coded label where a green symbol meant a very quiet product.
                          A word description which said "quiet" or "noisy."
                    (Si n  No pre ference
                    WD  Not asked
             18. If putting a label on products to show how much noise they make would increase the
                 price, would you still want the information?

                          Yes
                          No
                          Depends on the price increase
                    WD  Other
                                                       562

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  19.  I'd like to know if you can define certain terms for me now. If you don't know an answer
      just say so rather than guess.

      Can you tell me if a "therm" is a scientific measure of
               electricity,
               heat,
 <64)   WD  noise, or
        WO  gas.
               don't know
      Can you tell me if a watt is a scientific measure of

               electricity,
 (65)           heat'
        WCH   noise, or
        WD   gas.
               don't know
     Can you tell me if a decibel is a scientific measure of

        WO  electricity,
(66)    WD  heat'
              noise, or
              gas.
              don't know
20.  A decibel is a measure of noise level.  City traffic is usually about 75 decibels, while a
     quiet whisper is about 20 decibels. Can you guess how loud

(67-69)	a vacuum cleaner might be?
(70-72)	  how about a lawnmower?
That's all of the questions I need to ask you. The information you've provided will go into
the decisions being made on labeling. We appreciate your taking the time to respond.  Goodbye.
                                         563

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         APPENDIX B

DOOR-TO-DOOR SURVEY:  INTERVIEW
          PROTOCOL

-------
 EPA APPLIANCE SURVEY
                            Code No.
                            Tract
                            Block
                            Date (11-1
                            Interviewer
 INTRODUCTION
                                                                     (1-3)
                                                                     (4-7)
)





(8-10)
          Hi, we're conducting a survey for the United States Environmental Protection Agency
 which deals with people's attitudes toward noise. Would you mind if I asked you a few questions?
 You don't have to answer any question you don't want to answer.
 1.   Do you ever feel uncomfortable or irritated by noisy products or appliances:
   (IS)   in your home?                    w°  Yes    «O  No    wn   Don.tknow
   (16)   How about in your neighborhood?   fl>E3  Yes    WD  No    WD   Don't know
   (17)   How about in your place of work?   wd  Yes    ^D  No    WD   Don't know
 2.   What are some of the products whose noise bothers you the most?
         		    t'18-19) _..
         	;	    f20-2/;	
                '•		    (22-23)
         	    (24-25)_
3.   Are you ever bothered by noise from:
  (26)    vacuum cleaners?
  (27)    chain saws?
  (28)    air conditioners?
                             purchase of appliances for this household?
                            Yes
                            Yes
                            Yes
                                                        WD  No
                                                        «O  No
                                                        WD  No
4.   Are you ever involved in the
  (29)  WD  Yes    WP   No
T
                                 IF NO, ask to interview a person involved
                                 in purchase of appliances.
Don't know
Don't know
Don't know
                                     567

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Now I would like to show you a label for a few seconds which may be placed on appliances
in the near future. We are testing the ability of this label to communicate to you and would
like to ask you a few questions about it. We are not testing you, we are testing the label.
         SHOW RESPONDENT LABEL NUMBER__FOR EXACTLY 10 SECONDS
Now I would like you to rate this label in several ways.  Here is a group of cards which have words
and phrases on them and a seven-point scale.
         HAND RESPONDENT GREEN CARD GROUP-Hard to Understand, etc.
Please look at each card, read me the letter on the card, and give me the number on the card
which corresponds to how you feel about the label.
                           Record Answers Below

QUESTIONS: (Green Card Group)

   Letter on Card       Number                          Comments
a.   Understanding.   (30),
b.   Attractiveness    (31),
c.   Complexity      (32),
d.   Importance      (33),
e.   Label Reading    (34).
Now I would like to show you the label again. Please read the label for as long as you think
you would if you were in a store and saw the label on a product which you were considering
buying.
         SHOW RESPONDENT LABEL NUMBER __AGAIN
Now I would like you to rate the label again using these cards.  Once again please read me
the letter on the card and the number which corresponds to how you feel about the label.
                                    568

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          HAND RESPONDENT WHITE CARD GROUP-Too little information, etc.
                            Record Answers Below

 QUESTION 6: (White Card Group)

   Letter on Card              Number                    Comments
 a.   Information            (35)
 b.   Interest                (36)

 c.   Understanding          (37)
 d.   Utility                 (38)

 e.   Label (good or bad)      (39)

 f.   Believable Information   (40)
 g.   Encourages procurement
     of quiet products
Now I would like to give you a piece of paper which has two labels on it. The first label is
the same as the one you have just been looking at.  The second label is very similar to the
first but would be found on a product of a different type. Please look at these labels for as
long as you like and then I will ask you a few questions about them.  Remember we are test-
ing the ability of the label to communicate with you, we are not testing you.
         HAND RESPONDENT SHEET
QUESTION 7:     Can you tell me which of the two products would make more noise,
                 would it be the product with the first label on it or the product with
                 the second label on it?
           (42)   D   fU   First label.  Why?
                 D   (V   Second label. Why?.
                 (3) D     Don't know
                                      569

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QUESTION 8:     If you were interested in buying a quiet product do you think a product
                 with the first label on it would be a good buy?
             (43)   wD  yes   rod  No

                 Why?  	
                                       Don't know
QUESTION 9:     If you were interested in buying a quiet product do you think a product with
                 the second label on it would be a good buy?
(44)    WED  Yes

    Why?
                                       No
                                  Don't know
QUESTION 10:   What do you think the rating would be for a product which was twice as loud
                 as the product with Label 1 on it?	  n  Don't know
                                                 J3;
                 Why?
QUESTION 1 1:   What do you think the rating would be for a product which was half as loud
as the product with Label 2 on it?

Why?
                                                  D
                                                                   Don't know
QUESTION 12:    Do you think that you could use these kinds of labels to purchase quieter
                  products?
              (47)    (Dd  Yes   wn  No    ^D  Don't know
                  If yes, how would you do so?
                  If no, why couldn't you use the label?
                  If don't know, why aren't you sure?
                                      570

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QUESTION 13:    Do you think there is much difference in the amount of noise that different
                  brands of products make such as vacuum cleaners or chain saws?
                           Yes
             (48)   mC\   No
                    WD   Don't know

QUESTION 14:     Would you like to see a label placed on products to show how much noise
                  they make?
                           Yes
             (49)   ra/D   No
                                    If NO, skip  past Question 15
                           Don't know

QUESTION 15:    If putting a label on products to show how much noise they make would
                  increase the price of the products, would you still want the information?
                           Yes
             (50)    WD   No
                    WD   Don't know
                    WD   Should not label

Now I would like to ask you a few questions about yourself for background purposes.  Remember,
this information is being used for statistical purposes only.
QUESTION 16:     Would you please tell me your age on your last birthday?
                                                                   (51-52)
QUESTION IT..    What is your occupation?
                                                                             (53-54)
QUESTION 18:     What is the highest grade you completed in school?
                                                                              For Coding
                                                                              Purposes Only
                          grade school
                          junior high school
                          some high school
             (55)    wD  high school graduate
                          some college
                          college graduate
                          some graduate work
                          graduate degree
                          refusal
                                       571

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QUESTION 19:
Could you tell me approximately what your annual family income is?
Just give me the number from the list.
         Under $5,000
         $5,000-$"9,999
         $10,000-$ 14,999
         $15,000-$ 19,999
         $20,000-$24,999
         $25,000 or more
         Don't know
         Refusal
             (56)    WD
Comments:
 LABEL NO.
                                     572

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        APPENDIX C

FOCUS GROUP: INTERVIEW GUIDE
    AND QUESTIONNAIRES

-------
INTRODUCTION

         Welcome to HSR.
         We are conducting a study for the Environmental Protection Agency which deals with
noise. More specifically, the study deals with labels which may be placed on products in the
near future to tell consumers how much noise different products make. We have several different
types of labels we would like to show you and get your comments on ... whether you think
they are good or bad, easy or hard to understand, and so forth. Please don't be afraid to tell
us what you think... it's just as helpful for us to know that you don't like something as it is
to know that you do like something. Before we begin, I'd like to go around the room and have
each of you give your first name and tell us if any kinds of noise(s) bother you.
                                        575

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                                    Descriptor
         Okay, does anybody have any questions?

         Fine, In a minute, I would like all of you to go over and look at the labels on the
three blenders. I have a couple of questions I'd like you to answer on these forms when you
look at the labels.  Please don't discuss the labels or the questions with each other.  After
you have finished reading the labels please come back and have a seat.

         Okay, has everybody gotten a chance to look at the labels?

         Fine. Now I would like to ask you a few questions and I want to be sure everybody
answers each question in one way or another. We need a response from everybody but it's
okay for you to just say "I agree with him or I agree with her."

1.    When you looked at the labels, what did the words "Noise Rating" mean to you?
2.   What did the EPA seal and name mean to you?
3.   What did the word "decibels" mean to you?
4.   What did the number in front of the word decibels mean to you?
5.   Do you think quiet products would have high noise ratings or low noise ratings?
6.   How many of you knew that decibels referred to noise?
                                        576

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 7.   How many of you have heard of dB's?
8.   How about dBA's?
9.   How many of you think you could use these labels to select a quieter product?
     How would you do so?                      Why couldn't you do so?
There are several different ways to present the noise ratings.  Please take a look at these labels
and tell me which type you like the best.
How about the least?
Can you think of any better ways to present the Noise Rating information?
                                        577

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                                       Range

         Okay, in a minute I'd like you to go over and take a look at the labels on the mixers.
Again I would like you to take a little questionnaire with you to fill out when you are looking
at the labels.  Once again, please don't discuss the labels with each other and when you are
finished please come back and have a seat.

         Okay, has everybody gotten a chance to look at the labels?

         Okay, now I'd like to ask each of you a few questions again like we did before. The
information in the second part of the label is what we're interested in now. We call this the
"range" information.

What did the range information mean to you?
Do you think the range information is important?
Do you think you need this information on the label to be able to use the label?
There are different ways of providing the range information. Please take a look at these labels
and tell me which type you like the best.
How about the least?
Can you think of any better ways to present the range information?
                                           578

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                                     Decibel Guide
          Okay, now I would like you to go over and look at the labels on the blow dryers. Once
 again, please don't discuss the labels with each other.

          Okay, has everybody gotten a chance to look at the labels?

          Okay, now I'd like to ask you a few-questions again. The information in the second
 part of the label is what we're interested in now; we call this the  "Decibel Guide" information.

 Do you think the Decibel Guide information is important?
Do you think you need this information on the label to be able to use the label?
There are several different ways of providing the Decibel Guide information. Please look at
tnese alternative labels and tell me whether they are better, about the same, or worse than the
first one you saw.
Now I'd like you to answer a few questions for me about decibel levels. Here is a short ques-
tionnaire which has a number of different types of noise on it. I'd like you to place a check
in the column which you think is appropriate for the noise level of each type of noise.
Can you think of any better way to present the Decibel Guide information?
                                      579

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                                   'As Loud As*
         Now I would like you to go over and look at the labels on the drills. Once again,
please don't discuss the labels with each other.

         Okay, has everybody gotten a chance to look at the labels?

         Fine.  Now I'd like to ask you a few questions again.  The information in the second
part of the label is what we're interested in; we call this information "As Loud As" information.

What did the "As Loud As" information mean to you?
Do you think the "As Loud As" information is important?
Do you think you need this information on the labels to be able to use the labels?
There are several different ways of providing "As Loud As" information.  Please look at these
labels and tell me which one you like the best.
How about the least?
Can you think of any better way to provide this information?
                                      580

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                              Label Preferences
         Now that you have seen several different types of information on the labels, I'd
like you to tell me which type of information you like the best.

         You have seen the "Range Information," the "Noise Guide Information," and the
"As Loud As Information."

How many of you like the range information the best?
How many of you like the noise guide information the best?
How many of you like the "as loud as" information the best?
                                      581

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                          EPA NOISE LABELING
                        FOCUS GROUP INTERVIEW
         To help us know who is attending these focus group interviews, please tell us the
following things about yourself. The information you provide will be confidential. DO NOT
put your name on this sheet.
Age:
Sex:
Education:
Race:
Annual Household
Income:
D  20 and younger
D  21-25
D  26-30
G  31-35
D  36-40
G  41-45
D  46-50
ill  51-55
G  56-60
O  61 and older

D  Male
D  Female

D  Some high school
G  High school graduate or GED
O  Some college
G  College degree
G  Some graduate work
G  Advanced degree

G  Black
G  White
G  Neither black nor white (please specify

G  $5,000 and under
G  $5,001-510,000
G  $10,001-$15,000
G  $15,001-520,000
G  $20,001-525,000
G  $25,001-$30,000
G  $30,001-535,000
G  $35,001-$40,000
G  $40,001 and over
                                     582

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1.   If you were interested dn buying a very quiet mixer, do you think that mixer A would
     be a good mixer to buy?

         D   Yes
         D   No
         d   Don't know
2.   If you were interested in buying a very quiet mixer, do you think that mixer B would
     be a good mixer to buy?

         D  Yes
         D  No
         D  Don't know
3.   If you were interested in buying a very quiet mixer, do you think that mixer C would
    be a good mixer to buy?

         D  Yes
         D  No
         D  Don't know
                                        583

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         Please fill in blanks (c, d, and e) with more examples of what you believe would be
approximately as loud as the number of decibels given.  If you cannot think of examples, please
write "don't know" in the blank or blanks.
 '70 decibels" is approximately as loud as:
         a.    a moving car at 25 ft.  1
         b.    a loud radio          /  examples
         c.
         e.
 '80 decibels" is approximately as loud as:

         a.    a moving truck at 25 ft. \
         b.    a garbage disposal      j  examples
         c.
         d.
         e.
"90 decibels" is approximately as loud as:

         a.    a moving motorcycle at 25 ft. \   examples
         b.    a gas lawnmower            j
         c.    	
         d.    	
         e.    	
                                     584

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         Place an X in the column that you think describes the noise range for each of the
following items:

EXAMPLE:
Breathing
1. Garbage disposal
2. Soft whisper
3. Vacuum cleaner
4. Thunder
5. Air-raid siren
6. Dishwasher
7. Typewriter
8. Rustling leaves
9. Typical business office
10. Conversational speech
Decibel Levels
45 and below
(X)










45-60











60-75











75 and above











                                        585

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          APPENDIX D
EXCERPTED FOCUS GROUP COMMENTS

-------
            APPENDIX D: EXCERPTED FOCUS GROUP COMMENTS



Reactions to Decibel Labels


Interviewer: What are your general reactions to the noise labels?
 Group 1     -1 assume that it is a rating.
            • If I would see one label I would go to look for another.
            -1 would look at the labels and assume a better model wouldn't make
             as much noise.

 Group 2     -1 first noticed NOISE RATING, then looked at the figure and noticed
             a differentiation by "decibels."
            - (What did Noise Rating mean to you?) A connotation of loudness.
            - (Did Noise Rating mean anything else to anyone else?)-I felt the higher
             rating must be louder and wondered if pitch was differentiated.

 Group 3     - It would have to tell you what decibels mean as  far as sound goes. A lot
             of people might really not know what they're talking about and just
             automatically take the low rating.
            - When I see that-I don't know how to read it right now-but once I know
             exactly how the decibels go I think it is going to say how loud a product is,
             but if I don't right now  know I can't compare it to anything-what is 87
             decibels?
            - If it were a scaled  system, or a scaled number of decibels per appliance
             and consumer understood this rating, I think it would be a lot easier to
             shop.

Group 4 -   - Some scale by which you could measure noise.
            - General problem until I  saw all three labels is what did the noise rating mean-
            you couldn't tell whether it was high or low. You need a basic education-
            consumer education-for a person to evaluate.
                                       589

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Reactions to EPA Name and Seal
Interviewer: What does the EPA name and seal signify to you?
Group 1     - It authenticates it.
            - Nothing except the government is getting their thumbs on something else.
            -1 didn't look at it.
            - If someone saw EPA they'd think of automobile regulation. They'd relate
             it to the way the government is trying to regulate gas mileage.
            - If you see EPA as opposed to Joe Smith's Noise Rating-it's a lot more
             impressive.
            - A lot more impressive.
            - It's an agency for standardization. They (labels) all go back to one point-
             rather than what each manufacturer is saying.
            - (Interviewer: Did anyone think that it meant this was a good product because
             it had been tested?)-No.

Group 2     • Federal government—government regulation.
            -1 didn't even notice it-I just saw  numbers and "decibels."

Group 4     - It means some sort of government regulation.
            • I would think with the seal that it had been inspected by some government
             agency.
            • It almost signifies legitimacy.
            • I disagree with that.  We always hear about the EPA ratings on gas mileage
             and all it means to me is "measurement." It doesn't mean approval or
             disapproval.
            • Well, at least these products had been measured. I don't know whether all
             products will have to be measured, but if it didn't have to be across the board,
             the ones with the stamp would to me carry a little more legitimacy.

Group 5     -1 didn't even look at  it. I think it's an excellent label though-very easy to
             understand.
                                       590

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Reactions to Decibel Alternatives
Interviewer:  Does anyone like any of these three alternatives better than the decibel labels?
             (The three alternatives are provided in the Figure on the following page.)
Group 1'    - The first one (* and explanation), in my opinion, tells you more for the
             average person. It has a rating... but explains it down here. It gives you more
             information-it still doesn't tell most people though ...
            - It catches your eye, but it doesn't say anything once you read it, to me.
            • As far as the decibel rating... I think it's better to have decibel spelled
             out. I probably could figure out dBA's in a very short time, but decibels are
             associated with noise-87 decibels is very straightforward.
            [General agreement that "decibels" is the best alternative.]

Group 2    -1 thought the first one was the best (decibels)-abbreviations and formulas
             and asterisks connote being over-scientific-they look  too hard-seems like a
             consumer fraud.
            -1 thought it was over-clarification which meant confusing the consumer issue-
             the definition doesn't say anything.
            • I agree.
            -1 agree.
            - The asterisk alternative is the most confusing.
            • I agree.
            -1 had no idea what dB or dBA's meant.
            [General agreement that "decibels" is the best alternative.]

Group 3    • I prefer the first one (decibels) because I don't know what the others mean,
             it might mean the same thing but I wouldn't know that.
            - It seems like they're just adding more confusion, the simpler it is, the better
             it's going to be.
            [General agreement that "decibels" is the best alternative.]

Group 4    • I don't think anyone would understand what they meant (alternatives).
            -1 was getting ready to say the same thing.
            • If I  saw that on a product I wouldn't know what it meant.
            -1 would have no idea, except for "noise rating."
            • The top one-I wouldn't know what they meant by A-weighted decibels-I'm
             not familiar with any of it.
            [General agreement that "decibels" is the best alternative.]
                                       591

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    Noise
    Rating
                              87
               Compare noise ratings.
    Manufactured by:
                      Cambridge Corporation.
                      Boston, Mass.
 Noise ratings are measured  /<*
 in A-weighted decibels at
\gne meter.
                      Environmental Protection
                      Agency.
   Noise
   Rating
                             O/
iBA's
               Compare noise ratings.
   Manufactured by:
                      Cambridge Corporation.
                      Boston. Mass.
   Federal law prohibits
   removal of this label.
                      Environmental Protection
                      Agency.
   Noise
   Rating
                             O /
dB's
               Compare noise ratings.
   Manufactured by:
                      Cambridge Corporation,
                      Boston, Mass.
Federal law prohibits  /'s*\  Envirom
removal of this label.  (+Z2J  Agency.
                         Environmental Piotection

-------
Reactions to Range Labels
Interviewer: What are your general reactions to these kinds of labels, we call these labels
            the range labels?
Group 1     - A product range is important.  It helps you decide on that particular one.
             It's a good guide. It helps you to measure.... it gives you the norm.
            -1 think if you're going to buy a mixer, you know it is noisy, and the guide
             shows you that if it's close to 80 it's going to be more noisy than a normal
             mixer.
            I Interviewer:  How are you interpreting it?]
            - These end points are not necessarily fixed.
            - Right, "approximately."
            - With same range on every label (for a particular type of product), I don't
             think there will be any misunderstanding.

Group 2     - It gives you something to go by-to use as a guide. I had felt the need for a
             reference guide to tell me what the numbers meant.
            - It referred to mixers presently on the market.
            -1 thought EPA determined that products could be no higher than the highest
             number and the range indicated that the product in this range was "safe" or
             not too noisy for consumers, i.e. food mixers should not go over 80 dB's.
            -1 felt this particular product,could be as high as 80,  or as low as 45, since it's
             variable speed, it might.
            - Felt that EPA hadn't recommended that range, it doesn't suggest a qualitative
             connotation-just that on the market there exists mixers whose decibels range
             from 45 to 80.
            [Interviewer:  How many people felt the range indicated an EPA standard?-!]
            [Interviewer:  How many people felt that any one food mixer could encompass
            the entire range, depending on number of speeds?-1 ]
            [Interviewer:  How many people felt the range indicated approximately the
            highest and lowest rated  food mixer on the market?-14)

Group 3     -1 think it's very good.  At least it gives people an idea of what type of noise
             to expect from the appliance itself.
            [Interviewer:  What does that statement mean to you?]
            - It's telling me that a food mixer at 45 decibels is going to be an extremely
             quiet appliance versus Brand X at 80 decibels which will be extremely noisy.
                                       593

-------
            [Interviewer:  Did it mean to anybody that that particular blender being labeled
             could range anywhere from 45 to 80 decibels?-NO!]
            - The only thing is I can't differentiate in my mind what 45 decibels sounds like and
             an 80-1 don't know where 45 starts, I don't know how loud that is to begin with.
            [Interviewer:  Do you think that you could use this kind of information without
            knowing that?]
            - Yes, if noise bothers you, you definitely would go for the lowest one.
            - The thing is you don't really know how many mixers are going to be in the
             lower part of the range, like these three here, I get the impression that most
             mixers are very noisy, cause they're all in the high 60's and 70's.
            [Interviewer:  How would this affect you as a consumer?]
            • I would probably have to shop around more to see if there are any  lower than
             that. I would try to find one that's down in the forties.

Group 4    - That's better than the first one, but still you're not learning anything about
             what a decibel is. I know about mixers now, but I don't know whether this
             is harmfully loud or not... I still don't know anything about it.
            - It appears to me that it's very loud.
            -1 don't think people are educated yet to know what these all mean. Considering
             all levels of intelligence-the majority wouldn't.
            [Interviewer:  Were any of those mixers a good buy?-NO!]
            [Interviewer:  Why was that?]
            - All were high in comparison to 45.
            [Interviewer:  The range meant...?]
            - You could find one for 45 or one for 80.
            [Interviewer:  Did it mean to anyone that the approximate range for that particular
            food mixer could be anywhere from 45 to  80?—No.]
            - It meant to me that all food mixers fall in  that category and that these mixers
             (the display models) were in the upper limits of the category of mixers.

Group 5    - It says here that the approximate range for power drills is from 70 to 92 ...
            [Interviewer:  What do you take that to mean?]
            - It means that they have manufactured drills that hit 70 and also hit 92.
            - Ill also say that I believe there is a drill that is less than 70 and possibly more
             than 92.
            - Ill agree with that.
            • The "approximate" range-that kind of spells it out.
                                        594

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Reactions to Range Label Alternatives
 Interviewer:  Does anyone like any of these alternatives (range) better than the one you've
             just seen?
Group 1    - It doesn't tell me anything more.
            - The first one is redundant. The second one seems like an elongated way
             of doing it.
            - The second one-I would get insulted-what am I a jerk or something?
            • This one (the second)-for the less intelligent people, that is, the less informed
             people ... they could use this a little better than the first one.
            -1 think the approximate range may be confusing for some people. That
             phraseology may be confusing, but as far as... the very first one (original range
             label) is the most straightforward and I think it would be more easily interpreted
             because the wording doesn't change.
            [Interviewer:  Does anyone like either of the alternatives better?-No.]

Group 2    [General Reaction: No.]

Group 3    • The bottom  one on the second sheet is better.  It gives you the lowest noise
             rating, where the first gives you the approximate.  It's more to the point, it
             looks exact,  "the lowest noise rating for a mixer is..."  oh, wait a minute,
             it does say approximate—scratch that comment
            - It's basically saying the same thing.
            - The top one is repetitious.
            [Interviewer:  Does anyone like the top alternative better?-No.]
            [Interviewer:  Does anyone like the bottom alternative better?-! ]
            - Yes, because it tells you exactly what the noise rating is.
            - No it doesn't.
            - It still says approximately, it says the same thing.  .
            - The first one is better then.
            [Interviewer:  How many people like the first one better?-All]

Group 4    -1 like the second one. It lets you know exactly what lowest and highest are.
            - The other one says "the approximate range."
            - It's saying the same thing "is approximately."
            -1 find the third one verbose.
            [10 out of 11  like the original range label better.]
                                         595

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Reactions to Decibel Guide Labels
Interviewer: What are your general reactions to these labels?
Group 1     - Like I was saying earlier, you had a rating but you didn't know exactly what
             that meant-this is good because it tells you where you stand-what that
             noise is going to do.
            - It would give just about anybody a real good understanding about what a
             decibel is. They would know how loud—they would have to shout to somebody-
             they could compare that to another sound.
            • I would be very interested in this type of label.  I work as a hairstylist and
             the part that I'd be interested in is "normal conversation" because I want to
             talk while I'm drying hair.

Group 2     - Very, very informative.
            -1 don't like it because it makes you think that there are products in the lower
             decibel levels—you could spend  a lot of time looking for the "non-existent" blender
             in the lower range. I like the idea of having the range for the product. If
             you want a product, you have to deal with what is on the market.  From this
             label assumes a 45 dB hairdryer is available.
            - You can interpret this label in many ways.
            • It borders on laughable—I really hope EPA is not spending too many tax dollars
             coming up with labels like this. I think some amount of regulation is being
             called for, but this srems to go over the edge, it's more than the consumer
             needs. Why not have an index. This is going too far.
            - But the label is meant to be informative, not for regulation. I think the infor-
             mation is good.
            • Yes, consumers cover a really wide range, it has to be easily understood.
            - Isn't it too informative?
            • I think it is too simple-but it still has to be understood.
            -1 like the guide but perhaps it's too detailed.           •
             !
Group 3     • I think this is too much, but on the other hand, maybe they could make a law
             to have it for about a year, it would educate the person and then go back to
             the first one (the range).
            • I look at it-if someone is going to buy a hair dryer, in my opinion, they're
             not going to worry about whether they could be understood or whether your
             children could hear you. You buy it because you need it, and this is just...
                                      596

-------
            [Interviewer:  But if they could manufacture a hair dryer that would only
            interfere with conversation and you wouldn't need to shout, would you buy it?]
            -No.
            - Yes you would, because I'm the one who has to listen to it! (spouse)
            -1 think the guide should be reversed and have 45 and below at the top and
             work your way down ...
            - Yeah, because that's what you're looking for, you have to read so much before
             you get there.
            [Interviewer:  How many of you like the idea of reversing the scale? 5 of 11.)
            -1 like the idea of the scale to tell you the different ranges, and what they are.
             I think it is much more accurate than the one you had before (range).  It
             gives you something to gauge it from.
            -1 agree with you on that as far as education is concerned, this gives you something
             to go by, but it shouldn't be on the label all the time.
            - Yeah, people are lazy, they just won't read it.
            - Once you know that... you look at something that's 50... you would and I
             would automatically pick the  50 over the 65.
            -1 think a lot of it-"must shout to be understood," "may interfere with normal
             conversation"-these things are so personal, I can't sleep when there's a TV
             going, but Sam, it doesn't bother him one bit cause hell sleep no matter what.
Group 4    -1 have a problem with this one. It tells you what the things mean, but it still
             doesn't tell you how the product compares with the different brands.
           - If I were to purchase one, I would look for one with 45.
            [Interviewer: Do you think you could use this information to purchase quieter
            products?]
           - Not necessarily, because you may be forever looking for that 45 when the lowest
             is 60 for that product
           -1 think there is too much to read there. I don't think a person is going to spend
             that much time reading.
           - The worst one on there, the one that gives you the least information is "may
             interfere with relaxed activities." I don't know what that means. The others
             give you a pretty good idea about the sound associated with the decibel rating.
           - It doesn't tell you how low they go.  You may be looking for one at 45
             when they don't even manufacture that in any brand. I don't understand "may
             interfere with sleep."
           - It doesn't tell me if it's going to bother me.
           - When you asked if this had too much information-it doesn't, for what you're
             trying to say, but I still like the last label which gave the range  instead. Given
             this kind of product-you can find them in a given range.
           - This information should be like TV education. In school... advertisements...
             where it's learned by everybody so it's  common knowledge and doesn't have to
             be written 5 million times.
           - It's better to have the range for the kind of product you're buying.

                                        597

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Reactions to Decibel Guide Alternatives
Interviewer: Does anyone like either of these two alternatives better than the one you have
            just seen?
Group 1     - That last one (second alternative) is bad ... really bad ... when you have to
             compare it to TV ...
            • The only thing that last one (second alternative) does do is that "over 75 decibels
             is hazardous."
            • It gives additional information. In addition to being noisy it can be damaging.
            -1 would be scared away by it... A hairdryer? Potentially damaging?... it would
             scare you.  I think the first one (original label) is the less dramatic of the three
             and does get the point across.
            -1 think the first one down here (second alternative)... "75 and above" and
             "45 and below" are much more descriptive than anything. But the two in the middle,
             when they compare it to TV are kind of... If they could take the two out
             of the first one ... "may interfere with conversation" and "may interfere with
             relaxed activities" and plug them into this one (second alternative)... you'd have
             a dynamite rating system.
            -1 think in the ratings you've got to tell them what it does... So it interferes
             with normal conversation... Where you do have what's potentially damaging...
             If this is to protect the consumer... I think you do need to show them what
             damage can be incurred.
            -What's «!relaxed" activities?

Groups 2, 3  [Tape recording errors were encountered.  However, general agreement was
             reached in both groups that neither of the two decibel guide alternatives were
             better than the first one shown and the "TV interference" statements were
             criticized by both groups.]

Group 4     - The bottom one would discourage me from buying any kind of blow dryer...
             Because it's "potentially damaging to hearing" or "may interfere with TV in
             an adjacent room" etc. The buyer would be discouraged before he got started.
            [General agreement that neither alternative was better.]
                                        598

-------
Reactions to "As Loud As" Labels
Interviewer: What-aie your general reactions to these labels?
Group 1    -I don't like any of that stuff.
            • It's ridiculous.
            - It's about as good as a duck on a pond, when it's raining in China
             during a total eclipse.
            - It's as good as one hand clapping.
            -1 thought it was informative.  It gave you something you could
             relate to.
            - But didn't it make you feel like an idiot?
            - It put it in relationship to something you know.
            • I don't know how far 25 feet is.
            [Interviewer: Perhaps the idea is good, but the statements are bad?]
            - You are qualifying "it. Some people like motorcycles... others don't. This
             will color their opinions about how loud the product is.
            • Your mood at the time you last heard the noise will also affect how loud
             you think it is. How do you relate to a motorcycle?
            - Going back to this one (decibel guide)... I think this is much more informative.
            - a new Honda versus a Harley Davidson with straight pipes?-they're different.
            • I think it is a good idea if you can find a common point, e.g. motorcycles versus
             dirt bikes. The idea is good-the point of reference is confused.
            - I've never paid attention to the noise of a motorcycle.
            - But are there any sounds that you can relate to?
            - A universal sound is the problem.
            -1 like the statements about interference-whether it interferes with what you
             are doing is most important.
            • The concept is simplistic.

Group 2    - Bordered on ridiculous... Should you borrow a motorcycle to see what it
             sounds like 25 feet away.
            -1 didn't like it because it's using a reference that also varies.  Compared with
             a car—is that a Pinto or a Corvette?
            • Yeah, at 5 miles per hour or 70 miles per hour?
            - Yeah, I don't know how far 25 feet is.
            [Interviewer: Does anybody like the distance idea?-NO!)
                                       599

-------
Group 3    - It doesn't really tell you much. You have to flag down a car and tell it to get
             25 feet away.
            - Yeah, some cars are louder than others.
            - Yeah.
            - What size car?  What size truck?  What size engine?-or whatever.
            - Yeah, what's it doing, what are the weather conditions?
            - Or is it even sitting still?
            - Also, I found as I went around (the table) that I didn't really notice until
             I got to C (display Appliance C) that one (label) said a car, one Gabel) said
             a truck, and one (label) said a motorcycle.
            -Right.
            [Interviewer:  Does anybody like the idea of distance?-No!)
            - It's too hard to reference.
            - A lot of people don't know how far 25 feet is.
            - If I were trying to figure this out (the label) from trying to read that
             and trying to ascertain what type of sound it was, I'd say the hell with it
             It wouldn't be worth the hassle.

Group 4    - It's dumb.
            - Yeah, dumb.
            [Interviewer:  How many people think this label is dumb?—Everyone.]
            [Interviewer:  Why is it that you don't like this one?]
            - You have to run out and find out what a moving motorcycle at 25 feet
             sounds like.
            * It's hard to relate to since I've known cars louder than motorcycles-it depends
             on the car, the truck, and the motorcycle.
            - It's very imprecise... I don't know what that means.  The variation in motor-
             cycles, trucks, and cars doesn't mean anything to me.
            - If I were looking for a rating system I would be looking for something standard
             that could be used across the board—not going from trucks to motorcycles.
             I preferred the range where you could be your own judge about where you
             wanted to go on the scale.
            [Interviewer:  How  about the distance aspect?]
            -1 don't care for that at all.
            - I'm a terrible judge of distance.
            - The main thing about this label... I keep thinking back to this being a label
             from the Environmental Protection Agency and I'm not being told whether
             I'm being protected or not. Again, I'd have to go back to the range.
                                       600

-------
Reactions to "As Loud As" Alternatives
Interviewer: Does any one like any of these alternatives better than the original label?
Group 1    -1 might not have a garbage disposal. What do you call a loud radio? My idea
             of a loud radio might not be your idea of a loud radio.
           - I've never heard a gas lawnmower.
           - You can't relate a gas lawnmower to a loud radio.
           - How many feet is 25 feet? ... You don't pay attention to it.
           -1 think you should relate it to interference.

Group 2    -1 wouldn't buy anything that sounds like a motorcycle or a truck because
             of a bad experience with them.
           - There's too much variability in what they are comparing.  The reference is
             too variable.

Group 3    -1 don't like any of them ("approximately as loud as" labels) but the bottom
             one (second alternative) is a lot easier to relate to.
           -Yeah.
           -Yeah.
           - Yeah, but how many people have never heard a garbage disposal.
           -True.
           -That's true
           - Yeah, it's (garbage disposals) really only in the more modern or luxurious
             homes, the cities.
           - Or a gas lawnmower (for that matter).
           -Yeah.
           -Right.
           - Yeah, a loud radio is very personal too.
           - But, if they say 90 decibels sounds like a gas lawnmower, nobody will ever
             buy a garbage disposal!
           -1 think something like this 60 decibels is the conversation level or something
             to that effect would be more effective ... something that is common to the
             entire human race in other words-such as conversation-sleeping-shouting.
           - It varies though.
           - Yes, but compared to this ("approximately as loud as" labels).
           • Normal... what is your definition of normal?
                                       601

-------
Group 4    -1 don't like either of the alternatives ... nor any of this group ("approximately
             as loud as").  The others were much better. I felt much more comfortable with
             the information I got from some of the others than I do with this.
           -1 don't think some people would know how loud a garbage disposal or a gas
             lawnmower was.
           - You can talk about a loud radio with a three-inch speaker or a loud radio with
             a 20-inch woofer.
           • Again ... there is no range for the drills.
           - Go back to the first label (range label).
                                       602

-------
Noise Labeling Preferences
Interviewer: You have now seen three types of labels... what we have called the "range*
            labels, the "decibel guide" labels, and the "as loud as" labels.  I would like
            each of you to tell me which of the three types you like the best and why.
Group 1        - Guide-the first one gave you the range, but that didn't help you much.
               - The guide helps you to relate to it.
               - Range-from the consumer standpoint... it tells me I should shop around
                ... there are others lower.
               - Range-helps you shop around.
               - Guide-the reference you can apply across products.
               - Guide—because I can relate to it.
               - Range-same reasons as others.
               - Guide-I can relate to it.
               • Guide-same reasons.
               - Guide-same reasons.
               • Range-same reasons.
               • Guide-same reasons.

Group 2        - Range-most people know generally how loud something will be and this
                gives a guide.
               -1 don't like any. Of these three, though, I like the range.
               • All are bad. Need to clarify the range, e.g., "the range of those on the
                market now is from..."
               - Range
               -1 feel  all are unnecessary, but if I had to take one, I'd take the first one-
                give the consumer the figures, better yet, let the consumer plug it into
                the wall.
               - Range-it's easier to understand,  the decibel guide has too complicated
                comparisons, the third one ("as loud as")  won't work.
               - Guide-if "relaxed activities" and "normal conversation" were clarified.
                It gives more information if I wanted to purchase on the basis of quietness.
               - Range-I wouldn't read the guide.
               - Range
               - Range-assuming 80 decibels is not going to damage ears or hearing.
               - Range-but would want guide in  stores, in public view.
               • Guide-it clearly states how noise interferes with daily living, if this is
                the purpose of the labeling program ... would like 75 level as "must shout
                to be  understood/can be dangerous."
                                         603

-------
               • Range—as long as some statement is included about the level which
                is potentially damaging.
               - Range—since I'd want to know about a given product.
               - Range—but would like reference to which is potentially dangerous.
               - Range-if safety factor were included, since no safety factor is included,
                will recommend guide since it lets the consumer know which level is
                potentially harmful.

Group 3        - Range—it's giving you a range in numbers, but I kind of like the one that
                goes into more detail (decibel guide).  I want to know that information,
                but I don't want it to be  on every label—the one I like the least is the
                92 decibels ("as loud as") ... a motorcycle 25 feet away, even though
                I don't like motorcycles... I still can't decide what that sounds like.
               • Range-that  seems to be the most direct message, you know that 77 is
                fairly high-I like 84 (decibel guide) the least, nobody is going to read
                all of that.
               - Range-92 ("as  loud as") I like the least, the other one (decibel guide) is
                good initially but after that... it gives you a little information ... but
                I wouldn't want it on the package all of the time.
               - Range—this is the best as far as I'm concerned, once you get educated to the
                point when you get this information (decibel guide information )... which
                you can get in other ways too .... they can put it on television, minifUms, etc.
               - Range-too much on 84 (decibel guide) and 92 ("as loud as") I don't like at
                all.... but it is better than nothing.
               • Range-the only thing is... I'd still like to see something on there that
                tells people the  higher number is louder/the lower number is quieter... I
                still think people are going tc get mixed up, some people may think that
                the 77 would be good, because it's close to 80 ... the 84 (decibel guide)
                has too much and the 92 ("as loud as") I don't think people know anything
                about distance.
               - Range-I don't care for the 92 decibel ("as loud as") I can't relate to it...
                initially I would like 84 (decibel guide) but I  wouldn't want to read it all
                of the time on every product.
               • Range-92 ("as  loud as") you just can't tag to anything ... what kind of
                motorcycle? 77 (range) is the best, but it does make the assumption that
                you know that 45 is very soft, but also the difference between 45 and 80 ...
                is that a big range or small? ... the difference between 45 and 80 if the
                loudest thing you can imagine is 200... we don't  really have a way of
                telling exactly ... it assumes  that you know about how loud a food mixer is.
               - Guide-like the  84 (decibel guide) because it gives you a good range and
                tells you where  things are, 77 (range) I think  that gives you no basics,
                or what to start with, and 92 ("as loud as") I don't like at all.
                                        604

-------
               - Range-but should be an asterisk after decibel and down at the bottom
                 say "a decibel is a unit of noise measurement on a scale of 0 to 130,
                 where 130 is the pain threshold," so that you know that higher isn't
                 better, and that the scale doesn't stop at  100 ... 84 is too busy ... and
                 92 is rather ambiguous even though it sounds precise.

               - Range-I think this is going to be rather redundant all the way around the
                 room, but 92 basically cannot be related  to; 84 ... is too busy; 77 (range)
                 is the best... I would look at the approximate range as "this is the quietest
                 it's going to be at the one end and the other is the loudest it's going to be
                 at the other end" but we still won't be able to reference... is 80 at the
                 painful level? is it still going to be what I can stand?
               • Range-it tells you the rating for that particular appliance, for example,.
                 for drills this one will be high ... it kind of breaks it down a little bit
                 for you; (84) the information is good for educational purposes, but I
                 don't think it needs to be on the label, and 92 doesn't tell me anything.
               • Range-but it should be supplemented with some sort of graphic repre-
                 sentation, such as a green to red type of thing like a stop light, everybody
                 understands red and green, give the decibel ranges in a color code; 84  would
                 be very difficult to read; 92 can't be related to.
               • Range-because I could comparative shop and see which is about the quietest
                 and these others don't say anything about the specific appliance, but I do
                 think you also need  some kind of gauge to tell you how it relates to the
                 threshold of pain.
               •  Range-92 is  worthless; 77 is the best but I would definitely want to see it
                 combined with some type of a graphic or picture form using the information
                 on 84, maybe not that detailed, but something comparing it to the normal
                 conversation level.
               -  Range-92 is totally useless; 77 is the best but have something about a 0 to
                 130 scale; 84  is useless provided the consumer would be advised of this
                 in advance anyway.

Group 4        -  Range—it (range) gives comparative information.
               •  Range-"as loud as" doesn't make much sense; "decibel guide" has too
                 much information and I probably wouldn't bother with it at all; the
                 first one (range) is more precise.
               •  Range-It (range) tells me something about the product in relation to
                 other brands of the same kind of product, so I liked that the best, the
                 92 ("as loud as") is the least satisfactory.
               -  Range—the first one (range) gives you a better idea of what you're looking
                 for in the particular product you're after so you can do comparison shopping.
                 I liked the last one the least ("as loud as")-it leaves a lot to your imagination-
                 I have nothing to relate it to.
                                        605

-------
Range—First is the best (range).  You still have the problem of whether 45
is high or low, but it's still a lot better-as opposed to having to sift through
a lot of information-Hiked the last one ("as loud as") the least.
Range-First is best (range) as long as the person is educated as to what
high is and low is—Least is the last one ("as loud as"), how many people
know what a moving motorcycle sounds like 25 feet away. It leaves you
wondering what they're talking about.
Range-First is preferable (range). It gives a clear scale.  When you purchase
something there are many reasons for purchasing it.  I think this would give
you a dear quick scale for determining the noise component.
Range-First (range) is best for the reasons we've stated and the last ("as loud
as") has no redeeming value whatsoever-social or otherwise.
Range-First one (range) because it gives you a scale to go by. The last
one the least ("as loud as") because it doesn't tell you anything.
Range-I agree with everybody else.
                      606

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     APPENDIX E






PUBLIC PARTICIPATION

-------
     This  appendix contains a  listing  of contacts with the  public,
the  communications media and members  of Congress  during the develop-
ment of  the  regulation, and an  abbreviated  list of all the organiza-
tions, associations and individuals, both domestic and international,
that  the Agency  was  able to  identify  as  potentially affected  by,
proponents of,  users of  or in any way interested in, the  General
Provisions for Product Noise Labeling.
     The Agency has  actively  contacted the  parties  on  this list
by direct  mailing  of information  to  them  about  the  General Pro-
visions.
                                609

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NOISE  INFORMATION SYSTEM
ACQUISITION NUMBER

3324200X
3324190X


3324180X


319317AX


319316AX


331394AX


326213EX


32 6212 CX


33012 OAX


330119AX


330118AX


330117AX


330116AX


330115AX


330114AX


330113AX


330111AX
   MEMBERS OF CONGRESS WITH WHOM THERE
WAS CONTACT DURING REGUIATORY DEVELOPMENT

Teague, 0.
Congress House of Representatives

Stokes, L.
Congress House of Representatives

Weicker, Jr., L. P.
Congress Senate

Esch, M. L.
Congress House of Representatives

Kennedy, E. M.
Congress Senate

Huges, W. J.
Congress House of Representatives

Bayh, B.
Congress Senate

Thurmond, S.
Congress Senate

Eagleton, T. P.
Congress Senate

Dodd C. J.
Congress House of Representatives

Glenn, J. H.
Congress Senate

Kenp, J. F.
Congress House Representatives

Talmadge, H. E.
Congress Senate

Schweiker, R. S.
Congress Senate

Hayakawa, S. I.
Congress Senate

Heinz, H. J.
Congress Senate

Stone, R.
Congress Senate
                                      610

-------
NOISE INFOFMATICN SYSTEM
ACQUISITION NUMBER
   MEMBERS OF CONGRESS WITH WHOM THERE
WAS CONTACT DURING REGULATORY DEVELOPMENT
3283840X


3275480X


3269760X


326462OX


324098AX


319367AX


305066DX


318576CX
318576AX


318553EX


316186AX


313730CX


312367BX


309516CX


310158CX
Hughes, W. J.
Congress House Representatives

Dodd, C. J.
Congress House of Representatives

Stokes, L.
Congress House of Representatives

Rousselot, J. H.
Congress House of Representatives

Griffin, R. P.
Congress Senate

Sawyer, H. S.
Congress House of Representatives

Griffin, R. P.
Congress Senate

Flock, S. T.
5611 St. Roch. Ave.,
New Orleans, La.
c/o Boggs, L.
  Congress House of Representatives

Boggs, L.
Congress House of Representatives

Johnston, J. B.
Congress Senate

Rooney, F. B.
Congress House of Representatives

Hayakawa, S. I.
Congress Senate

Cederberg, E. A.
Congress House of Representatives

G, B.
Congress House of Representatives

Nunn, S.
Congress Senate
                                      611

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER

31013CDX
31013QAX


310128CX


31012 6BX


31012 5DX


307443FX


305122CX


305121CX


302610CX


303770BX


3036373X


303449BX
   MEMBERS OF CONGRESS WITH WHOM THERE
WAS CONTACT DURING REGULATORY DEVELOPMENT

Percy, C. H.
Congress Senate

Percy C. H.
Congress Senate

Hayakawa, S. I.
Congress Senate

Cederberg, E. A.
Congress House of Representatives

Thone, C.
Congress House of Representatives

Griffin/ R. P.
Congress Senate

Stevenson, A. E.
Congress Senate

Proxmire, W.
Congress Senate

Armstrong, W. L.
Congress House of Representatives

Armstrong, W. L.
Congress House of Representatives

Anderson, J. B.
Congress House of Representatives

Rooney, F. B.
Congress House of Representatives
                                      612

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NOISE INFORMATION 'SYSTEM
ACQUISITION NUMBER
•
3329310X
332161CX
3316600X
3305110X
331497BX
330260ZX
3296870X
3309050X
3273000X
3272990X
3256990X
3237240X
314503AX
312626AX

312624MX

312622QX

312607EX
3227380X
320888AX
3207590X
3194620X
3194570X
305066CX
MEDIA CONTACT DURING REGULATORY DEVELOPMENT
Farm and Home News
Milwaukee Wisconsin Journal
Air Conditioning Heating and Refrigeration News
Appliance Manufacturing
New York Times
Noise Regulation Reporter
Parkersburg W Sentinel
Worcester MA Gazette
Lexington KY. Hearld Leader
Alameda CA. Times Star
Rental Equipment Register
Air Conditioning Heating and Refrig. News
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
Noise Regulation Reporter
Passaic NJ Herald News
Noise Regulation Reporter
Occupational Hazards
Commerce Business Daily
Muffler Digest
Appliance Manufacturer
                                       613

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER
3190830X
318576DX
3176870X

3176330X
3175860X
317278BX
3161530X
316152OX
3161500X
3156040X
3151060X

311855SR

314602 OX
314555GR

314554ER

314646WR

314646MR

314074PR

313641PR

313641HR
MEDIA CONTACT DURING REGUIATORY DEVELOPMENT
Product Safety  and Liability Reporter
New Orleans IA  Times Picayune
Kleiman, R. L.
lantana PL. National Enquirer
Changing Times
Sacramento  CA.  Bee
Sound and Vibration
Washington  Post
Hall Street Journal
St.  Louis Mo. Post Dispatch
Construction Equipment
Montgomery,  G.  F.
Scientific  American
Bureau of National Affairs
Noise Regulation Reporter
Changing  Times
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise  Regulation Reporter
Bureau of National Affairs
Noise  Regulation Reporter
Bureau of National Affairs
Noise  Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
                                       614

-------
 NOISE INFORMATION SYSTEM
 ACQUISITION NUMBER
 312989CX
 3126690X
 312 02 6 OX
 3116530X
 31182SOX
 3118230X
 309517BX
 310159BX
 3081810X
 308042OX
 307832 OX
 3081240X
 30812OOX
 3078190X
 3078180X
 3077830X
 3077580X

 3077350X
 3077130X
 3075580X
 3075530X
 3072680X
3075810X
3071890X
 MEDIA CONTACT DURING REGULATORY DEVELOPMENT
 Sound and Vibration
 Dunkirk,  N.Y. Observer
 Los Angeles  CA.  Herald Examiner
 Occupational Safety and Health  Reporter
 Lynn  MA.  Evening Item
 Longview  WA  News
 Business  Week
 Environment
 Tacoma WA. News  Tribune; Washington
 Transport Topics
 Cwensboro KY. Messenger and Inquirer
 Kbldfax Oct. 1977,  IP.
 Air Conditioning Heating and Refrig. News
 Portland  ME. Press  Hearld
 Tulsa  OK. World
 Boston MA. Hearld American
 Berland,  T.
 Pittsburgh PA. Post Gazette
 Quincy MA. Patriot  Ledger
 Dallas TX. Morning News
 New York Daily News
 Washington Post
 Damascus MD. County Courier
 Yonkers NY. Herald Statesman
White Plains NY. Reporter Dispatch
                                       615

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER
3073470X
306693DX

306382CX

3060730X
3061760X
3061710X
3061600X
305066BX
305025WR

3048950X

304861AX
3054410X

3054260X

3054110X
3053820X

3053520X

3052880X
304854CX
304703FR

304653MR
 MEDIA CONTACT DURING REGULATORY DEVELOPMENT
Baltimore MD. Sun
Reprinted from New Civil Engineer,
29th August 1974
"Appliance Manufacturer"
Farrell, J. M.
Newark NJ. Star Ledger
Business Week Magazine
Eastern Sea Magazine
Air Conditioning Heating and Refrig. News
Appliance Manufacturer Magazine
Bureau of National Affairs
Noise Regulation Reporter
Collier, T.
Cedar Rapids Television Station
San Francisco CA. Chronicle
Berland, T.
San Francisco CA. Examiner Chronicle
Payton, B.
San Francisco CA. Examiner
Alameda CA. Times Star
Champion, D.
San Francisco CA. Chronicle
Anderson,C.
Cedar Rapids IA. Gazette
New York Times
Environmental News
Bureau of National Affairs
Noise Regulation Reporter
Bureau of National Affairs
Noise Regulation Reporter
                                       616

-------
 NOISE INFORMATION SYSTEM
 ACQUISITION NUMBER
 304653CR
 30462SOX
 3044900X
 304575LR

 304574YR

 300273EX
 302337BX
 3038950X
 3038450X
 3037100X
 302006CR

 303705VX

 3036890X

 30362OOX

 3036160X
 3036060X
3035930X
301746DR

3015260X
3 01521 OX
 MEDIA CONTACT DURING REGULATORY DEVELOPMENT
 Bureau of National Affairs
 Noise Regulation Reporter
 Appliance Manufacturer Magazine
 Philadephia  PA.  Inquirer
 Bureau of National Affairs
 Noise Regulation Reporter
 Bureau of National Affairs
 Noise Regulation Reporter
 Sound and Vibration
 Detroit MI.  Free Press
 Denver Co. Post
 Environmental  News
 Birmingham AL. News
 Bureau of National Affairs
 Noise Regulation Reporter
 Shaffer,  T.
 Denver CO. Post.
 Lane,  E.
 long  Island NY. Newsday
 Cook,  L.
 Tulsa  OK. Tribune
Murray KY. Ledger and Times
Nashville TN. Tennessean
Worcester MA. Gazette
Bureau of National Affairs
Noise Regulation Reporter
Nail Street Journal
Cummings, J.
Corvallis OR. Gazette Times
                                       617

-------
NOISE INFORMATION SYSTERM
ACQUISITION NUMBER

3015180X
301714BX


3017160B


3013260X

3016700X

3015490X


3014050X

3013850X

3013770X

1128370X

1126430X


111147HX


1109490X


1105320X

16573

15061

14509


04860

72N00504
MEDIA CONTACT DURING REGULATORY DEVELOPMENT

Payette, V.
New York NY News World Daily

Cummings, J.
New York Tiroes

Bureau of National Affairs
Noise Regulation Reporter

OMAHA NB Evening World Herald

Chicago IL Daily News

Flattau, E.
Rockford IL Register Republic

Washington Star

Tucson AR Daily Star

Ann Arbor Minews

Commerce America

Outdoor Power Equipment Inst
OPEI Newsletter

Bureau of National Affairs
Noise Regulation Reporter

Erwin, D.
Dallas TX Morning News

Mr Conditioning Heating and Pefrig News

Modern Materials Handling

Noise Pollution Aatement Market

Jacobson, R. A.
Machine Design

Business Week

House Beautiful
                                       618

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER
PUBLIC CONTACT DURING REGULATORY DEVELOPMENT
332161DX
3321220X
318752BX

3324240X
3324120X
3323150X
3323140X
3317370X
331731BX
3317290X
3317060X
331431AX
331621BX
3316140X
3316010X
3316340X
3318110X
3317930X
3317920X
3317910X
331465AX
3304870X
331560AX
American Society For Testing and Materials
Department of Conmerce/Occupational
Safety and Health Admin.
Union Carbide Corp.
Case J. I. Co.
Minnesota Mining and Manufacturing Co.
Smith Corona Labs.
Chain Saw Manufacturing Assoc.
Federal Trade Commission
Norton Co.
Farm and Industrial Equipment Inst.
Chain Saw Manufacturing Assoc.
Major Appliance Consumer Action Panel
Ceilings Interior Systems Contractor Assoc.
Vacuum Cleaner Manufacturing Assoc.
Underwriters Labs., Inc.
Construction Industry Manufacturing Assoc.
Perkins Diesel Corp.
American Society for Testing and Materials
Louis C. Kramp Assoc.
Association of Home Appliance MFRS.
Trane Co.
Federal Trade Commission
                                       619

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER

3315940X

3298970X

3298930X


3302570X

3302370X

3302290X

3293340X:  3293350X

329327BX

329060BX

3150850X

329075BX


329075AX

3290630X

3289340X

3299290X

3299280X

3292730X

329269BX

3289630X

3289569X

3289530X

3289520X

329259BX

3290360X
PUBLIC CONTACT DURING REGUIATORY DEVELOPMENT

Federal Register

Verband Deutscher Elektrotechniker

Federal Trade Commission; Squire Sanders
and Dempsey

Union Carbide Corp.

Air Conditioning and Refrigeration Inst.

Sears Roebuck and Co.

Farm and Industrial Equipment Inst.

MPI Marketing Research, Inc.

Dekker and Nordemann BV

American Society For Testing and Materials

Baumgart, G.
Association of Home Appliance Manufacturers



American Society For Testing and Materials

Vacuum Cleaner Manufacturers Assoc.

Coast Guard

Federal Trade Commission

Air Conditioning and Refrigeration Inst.

American Speech and Hearing Assoc.

Federal Trade Commission

Conwed Corp.

Sears Roebuck and Co.

Singer Co.

Air Conditioning and Refrigeration Inst.

Noise Control Engineering
Texas A and M Univ.
                                       620

-------
 NOISE INFORMATION SYSTEM
 ACQUISITION NUMBER
 3283720X
 3283710X
 3274870X
 3280080X
 3277170X
 327715AX
 329044DX
 3112830X
 3142610X
 3269840X
 3269700X
 3269620X
 3269510X
 326213CX
 326212BX
 3269390X
 3269380X
 3269370X
 3265720X
 3265280X
 3261620X
 3266170X
3265970X
3265800X
 PUBLIC CONTACT DURING REGULATORY DEVELOPMENT
 United Kingdom Embassy
 Outdoor Power Equipment Inst.
 Technology Consulting Group,  Inc.
 Association of Home Appliance Mfrs.
 Stanford Research Inst.
 Sylvester,  Jr., J.
 American Speech and Hearing Assoc..
 Occupational Safety and  Health Admin.
 EPA Region  III Philadelphia
 Gonwed Inc.
 Department  of the Air Force
 National Bureau of  Standards
 American Rental Assoc.
 Vacuum Cleaners Manufacturing Assoc.
 Electrolux
 Audiology Inc.
 Salem  Label Co. Inc.
 Southern California Uhiv. of
 Toro Co.
 National Bureau of  Standards
 Federal Trade Commission
Office of Management and Budget
Power Tool Inst.
Massey, W.
Department of the Army
                                       621

-------
NOISE ACQUISITION SYSTEM
ACQUISITION NUMBER
3265790X
3265780X

3265730X
3256950X
3256930X
3256590X
3256230X
3266890X
3099290X
313236AX
3264630X
3260460X
3259530X
3135900X

0135870X
3257990X
3255350X

3254950X

3254820X
3254430X
3252280X
PUBLIC COMPACT DURING REGULATORY DEVELOPMENT
Washburn
Department of the Army
Marin, J.
Department of the Army
Outdoor Power Equipment Inst.
Hoover Co.
Bissell Inc.
Regina Co.
Interagency Regulatory Liaison Group Status
Citizens Against Noise
Consumer Product Safety Commission
Pennsylvania State University
Armstrong Cork Co.
Commerce Business Daily
Vacuum Cleaner Manufacturers Assoc.
Leach, A. F.c.
P.O. Box 10510
Portland OR 97210.
Bernstein, D.
Hoover Worldwide Corp.
Harnik, P.
2200 19th Street, N.W.
Washington, D.C.
Schwarz, W.
1215 First Avenue, 4A
New York, N.Y.  10021
Rosco Bloss of NBS
Consolidated Foods Co.
Aerospace Medical Research Lab.
Department of Air Force
                                622

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER
PUBLIC CONTACT DURING REGULATORY DEVELOPMENT
3252260X
325225BX
325225AX
3252130X
3247950X

3247830X
324760AX
323927BX

323927AX
3239110X
323910BX
323910AX

323909BX
323909AX
322631UX
3226220X
322578QX
3225750X
3225640X
3226080X

3226070X
Douglas Products
Bank of America Nat'l. Trust Savings Assoc.
Bank of America Nat'l. Trust Savings Assoc.
Air Conditioning and Refrigeration Inst.
Sears, E. L.
64 East Acocia Boulevard
Battle Creek, Mi.  49015
Kirby Co.
Bosch Siemens Hauseraete GMBH
Altuner, H. J.
219 B. Jackson Circle
Chapel Hill, N.C.  27514
Altuner, H. J.
National Bureau of Standards
Uncon Ltd.
Danzey, B. J.
Uncon Ltd.
New Zealand Department of Health
New Zealand Department of Health
Shop Vac Corp.
Contact with Mobile Source Labeling People
Smith, F.
Southwest Manufacturers Distributors, Inc.
Dowell and Dowell
Patchogue N.Y. Department of Environmental
Protection
French Government's Domestic Product Labeling
Program
Consoli, M. A.
Director Prevention Pollution Nuisances
                                       623

-------
NOISE ACQUISITION SYSTEM
ACQUISITION NUMBER

3221560X
3213600X

3211850X

3211840X

3211830X

3211250X


3211210X
3209990X

3209920X

320682BX

3206580X

320365AX

3186250X

319141JX

318S82BX

318545AX



3184270X
3184180X

3179370X
PUBLIC CONTACT DURING REGULATORY DEVELOPMENT

Bautz, W.
ABT ZE-TV, Postfach 12 20,
7928 Giengen/Brenz, West Germany
Bosch Siemens Hausgeraete GMBH

Natter Manufacturing Co.

Northeastern Univ.

Jet Line Products, Inc.

Eureka Co.

Nixon, C.
Department of the Air Force

Limacher, R.
Petrosewicz, T.
Platts, J. H.
Robin, S.
Interstate Engineering

Association of Home Appliance Mfrs.

J. C. Penney Co., Inc.

Sound and Vibration

Interstate Engineering

Gypsum Assoc.

Trane Co.

International Organization for Standardization

Eureka Co.

Parrell, J. M.
819 Maconber St.
Greenville, MI  48838

Blaskovich, N.
Johnson, D.
Nixon, C.
Tobias, G.

Meyeroord Co.

Leboeuf Lamb Leihy and Macrae
                                       624

-------
NOISE ACQUISITION SYSTEM
ACQUISITION NUMBER
3176420X
317557AX
3175510X
3172620X
317260BX
3170370X
3168590X

3165980X
3165970X
3161760X
3160920X

3155870X

3155480X

3154310X

3156120X

3153040X

3150670X

311418IX

311418HX
 PUBLIC CONTACT DURING REGULATORY DEVELOPMENT
 General Accounting Office
 San Francisco CA.  Police  Department
 National  Inst.  Occupational Safety & Health
 AO Safety Products
 Talty,  J. T.
 Robert A. Taft Laboraties
 4676 Columbia Parkway
 Cinncinnati,  OH.   45226
 Outdoor Power Equipment Inst.
 Baake,  P. K.
 Carrier Parkway
 Syracuse, NY.   13221
 Leboeuf Lamb  Leihy and Macrae
 Technomic Consultants
 Aerospace Medical  Research Lab.
 Fleming, R. M.
 National Inst. Occupational Safety Health
 Dieffenbach, A.
 National Inst. Occupational Safety Health
 Danzey, B. J.
 Uncon Ltd.
 Munger, G. R.
 Air Conditioning and Refrigeration Inst.
 Doyle, M. B.
 International Snowmobile Industry Assoc.
 Martens, T.
Walnut Creek CA. Contra Costa Times
 Herold, W.
 Yankee Clipper Trading Co. Ltd.
 Pankiewicz, D. V.
New Jersey Department of Transportation
 Ford Motor Co.
                                       625

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER

311418EX

310934BX
310921AX


3082530X


3081B80X

3139140X


3132810X


309051AX


3083600X


3132570X


3132550X
313249BX



3128710X

3117290X


3120560X


3116140X
PUBLIC CONTACT DURING REGUIATORY DEVELOPMENT

North Dakota State Univ.

Krish, E.
30301 Forest Grove
Willowick, or 44094

Mentz, E. J.
Outdoor Power Equipment Institute Inc.,

New, J. T.
Hughes Tool Co.

Bilsom International Inc.

Brigham, R. N.
Electrolux

Hoover, J. S.
Hoover Co.

Campanella, A. J.
Acculab

Large, J. B.
Southampton Univ.

Doyle, M. B.
International Snowmobile Indus. Assoc.

Neroda, T.
968 Bradley Street
Watertown, N.Y.  13601
Northland Division

Taylor, H. E.
2000 Ocean Drive
Ft. Lauderdale PL.  33316

Citizens Against Noise

Doyle, P.
Outboard Marine Corp.

Denting, R. H.
McGraw Edison Co.

General Motors Technical Center
                                       626

-------
 NOISE INFORMATION SYSTEM
 ACQUISITION NUMBER

 3110200X
 3098100X


 3098090X


 3095120X


 3094650X


 3094640X


 3094620X


 310158AX



 3101360X


 3101710X


 3093870X



 3074070X


 3097970X


 307647CX

 3073770X


3091950X
 PUBLIC CONTACT DURING REGULATORY DEVELOPMENT

 Schmitz, H. D.
 18081 Beach Boulevard
 Suite A, Huntington Beach, CA.  92648
 Audiology Inc.

 Merfeld, M. J.
 Century Engineering Corp.

 Bobrowski, H.
 Embassy of Federal Republic of Germany

 Jensen, D. A.
 Ford Motor Co.

 Woods, T. J.
 Aural Technology Inc.

 Blaskovich, N.
 National Inst. Occupational Safety Health

 Broker, E.
 Norton Co.

 Black, L. L.
 Route 2,  Box 144-A
 Millen, Ga.  30442

 Tobias, G. B.
 Civil Aeromedical  Inst. P.A.A.

 Rusch, F. S.
 Stihl Inc.

 Reynolds, Sr., E.
 40165 Upper Calopooia Drive
 Sweet Home,  OR.  97386

 Franz,  R.  N.
 Chrysler  Corp.

 Form  Letter to Radio Stations Asking for
Advance Coverage on Labeling Public Hearing

 Engine Manufactures Assoc.

Forman, H.  I.
Department of Commerce

Nolte, V. A.
Fairmont Railway Motors, Inc.
                                       627

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER

3089500X
3089490X


3088760X


3080150X


3080120X

307645AX


307634AX



306973AX


3068130X



306372AX


306461AX



3063540X


3063140X
3063030X
PUBLIC CONTACT DURING REGULATORY DEVELOPMENT

Spiller, W.
Clipper Vacuum Systems, Inc.

Blyth, C. R.
Maytag Co.

Buyers Guide
Hoover Co.

Mohler, P. H.
Hoover Co.

Osterreichisches Normungsinstitut

Dwyer, R. T.
Outdoor Power Equipment Inst.

Cole Blaha, P.
135A East Colonial Court
Indian Harbour Beach, PL.  32927

Mott, E. S.
Mott Corp.

Adams, J. V.
Boulder Co. Office of Environmental
Protection

Milliken, W. 6.
Michigan Office of the Governor

Tobias, J. V.
Aeronautical Center, P.O. Box  25082
Oklahoma City, OK.  73125

Sobesky, J. V.
Harness Dickey and Pierce

Benwell, D. A.
Radiation Protection Bureau, Rm. 237
Tunney's Pasture
Ottawa, Ontario, CN.

Rodman, C. W.
1916 Race St.
Philadelphia, Pa.  19103
American Society for Testing and Materials
                                       628

-------
NOISE  INFORMATION SYSTEM
ACQUISITION NUMBER

3062870X
3062400X

3051640X



3051590X


3051430X


305121AX



3050940X
304876AX
304759BX


3031380X
3028730X


3029960X

302813AX
PUBLIC CONTACT DURING REGUIATORY DEVELOPMENT

Phillips, H.
20 North Wacker Drive
Chicago, IL.  60606
Association Home Appliance Manufacturers

Food and Drug Admin.

Wtight, J. H.
645 locust Street, P. 0. Box 476
Waukee, IA  50263

Faber, K. H.
Mercedes Benz of North America Inc.,

Flynn, R. P.
Safety Products, Southbridge, MA.  01550

Hyland, W. A.
708 Karen Lane
Horicon, WI.  53032

Environmental Protection Office  Equipment
Noise Test Data
Boulder CD. Office of Environmental Protection
Boulder, CO.

Mohler, P. I.
General Offices and Main Factory,
North Canton, OKI  44720
Hoover Co.

Barnes, B.
Chrysler Indianapolis Foundry

Lund, A. L.
Spray Tech. Corp.
4307 Quebec Avenue North
Minneapolis, MN.  55428

Sornson, R. 0.
Chrysler Corp.

Food and Drug Administration

Louis, F.
Regie Nationale Des Usines Renault
100 Sylvan Avenue
Englewood Cliffs, N.J.   07632
                                       629

-------
NOISE  INFORMATION SYSTEM
ACQUISITION NUMBER

3027820X
3028020X


302653CX



302651DX


3026370X



3008160X
3040940X

304051BX
303735AX
303783DX
300606DX
300262AX
PUBLIC CONTACT DURING REGULATORY DEVELOPMENT

Kawano, J.
Toyota Motor Co. Ltd.
Lyndhurst Office Park, 1099
Wall Street, West, Lyndhurst, N.J.  07071

Shirai, C.
Japan Machinery Federation

Jackson, A. J.
Div. of Professional Services
Cincinnati OH.

Blumenthal, W. M.
Department of the Treasury

Perm, J. C.
Artie Enterprises, Inc.
Thief River Falls, MN.  56701

Michael, P.L.
Environmental Acoustics Lab.
110 Moore Building, University Park, PA. 16802
Pennsylvania State University

Federal Register

Thompson, J. N.
Room 481, Queen Anne's Chambers
28 Broadway, London, UK.
London Department of the Environment

Wasko, R. J.
Motor Vehicle Manufacturers Assoc.
Address:  300 New Center Building
Detroit, MI. 48202
Motor Vehicle Manufacturers Assoc.

Jones, D. K.
Large, J. B.
Organization for Economic Coop, and Devel.

Bruel and Kjaer Precision Instruments,
5111 West 164th Street,
Cleveland, OH.  44142

Leach, A. F.
Hearings Evaluation and Acoustic Res., Inc.
732 Northwest 19 Street
Portland, OR.  97209
                                       630

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER

3001270X
3033300X
303440AX
3021230X
3021220X
3020730X



301699BX

300694AX
111351AX

1110670X


20206001



18210
PUBLIC CONTACT DURING REGUIATORY DEVELOPMENT

Johnson, D. L.
Biological Acoustics Branch
Biodynamics and Bionics
6570 TH .Aerospace Medical Division
Research Lab. (AFSC)
Weight-Patterson AFB, OH 45433

Peppin,R. J.
1711 Westwind Way McLean, Va.  22101
American Society of Mechanical Engineers

Maling, G. C.
Institute of Noise Control Engineering
P.O. Box 3206, Arlington Branch
Poughkeepsie, NY. 12603

Mellard, B.
Stihl Inc.
5701 Thurston Avenue, Box 5514
Virginia Beach, Va.  23455

McKenzie, M.
Southern First Aid Supply Co. Inc.
1120 Piedmont Drive, P. 0. Box 669
Lexington, N.C.

Macenko, F.
Environment Canada
Ottawa, Ontario, CN. KIA IC8

NBS Label Program

Reardon, J. P.
Mr Conditioning and Refrigeration Inst.
1815 North Fort Myer Drive
Arlington, VA 22209

Purdue Univ.

Jacklin, A. W.
Jacklin Seed Co.

Alexandre, A.
Environmental Directorate
Organization for Economic Coop and Devel

Miller, P. C.
5821 Harper Road, Zip 44139
Tooling and Production
                                        631

-------
NOISE INFORMATION SYSTEM
ACQUISITION NUMBER          PUBLIC CONTACT DURING REGUIATORY DEVELOPMENT

72N00485                    Martin, W. 6.
                            Thompson,E. B.
                            Home Metal Production Co.,
                            Piano, TX

72N00484                    Dorn, J. E.
                            Frigidaire Division
                                        632

-------
            PUBLIC PARTICIPATION THROUGH DIRECT MAILING
                        GENERAL PROVISIONS
CATEGORY

Acoustical Associations
  NUMBER
OF ENTRIES
Business Associations
Citizens Associations
Community Groups/
  Associations

Construction Industry
  Associations
Consumer Associations
Environmental Associations
Associations of Importers/
  Exporters
Insurance Associations
Legal Associations
   122


     7


    13


    17
    19
   126
    19
                                11
      EXAMPLES

Acoustical Society of
  America
National Council of
  Acoustical Consultants

American Chamber of Commerce
Jaycees International

Citizen Action Group
Call for Action

Rotary International
Lions International

American Building Contractors
  Association
Associated General Con-
  tractors of America, Inc.

Center for Consumer Affairs
Consumers' Union of United
  States

John Muir Institute for
  Environmental Studies
National Environmental
  Development Association

World Trade Centers
  Association
National Federation of
  Export Management
  Companies

Health Insurance Associa-
  tion of America
International Claim
  Association

American Bar Association
  Special Committee on
  Environmental Law
Student Legal Action Action
  Organization
                                633

-------
CATEGORY
Manufacturers' Association
Professional Associations
Retailers' Associations
State & Local Associations:
  Mayors & Governors

  Teachers' Associations
  NUMBER
OF ENTRIES

    63
    15
Trade Association
Congress
Congressional Committees
Docket Entries-
  General Provisions
     8

     5
    32
   535
    11
   777
Environmental Research Centers  48
Federal Agencies
Foreign Embassies

International Organiza-
  tions
    42
   102

     2
      EXAMPLES

National Association of
  Manufacturers
National Canners Association

Home Economists in Business
American Society of Mechani-
  cal Engineers, Inc.

National Retail Merchants
  Association
U.S. Conference of Mayors

National Congress of Parents
  & Teachers
National Education Asso-
  ciation

National Beauty & Barber
  Manufacturers Association
Northwestern Lumber, Inc.

Senate and House of
  Representatives

Senate Committee on Energy
  and Natural Resources
Environmental Sciences
  Institute

Office of Management &
Budget
National Mediation Board
Department of Commerce

Embassy of Brasil

Organization for Economic
  Cooperation and Develop-
  ment
                               634

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 Law  firms with  Environ-
   mental Interest

 Mail  Order Houses
Major Manufacturers &
   Distributors
Major Retailers

Media:  Environmental
   Publications
Media:  General


Media:  Industry Specific

Public Interest Groups
Sports Stores

State and Local:
   Attorneys General

State and Local:
   Governors

Universities

State and Local Law
   Enforcement
State and Local:
   Mayors, Local Noise
   Officials and Health
   Departments
State and Local
   Procurement Offices
332


 23



554



100


 92
 70


 14

133
 41


 50


 50

515
893
 Abatuno  and  Chisholm
Walter Drake and  Son,  Inc,
Sears, Roebuck and Co.
National Gypsum Corp,
Eastman Kodak Co.
General Electric Co.

Top  100 Retailers
Journal of the Acoustical
  Society of America
Archives of Environmental
   Health
Cry Californian

U.S. News and World Report
Better Homes & Gardens

Heavy Duty Trucking

National Council of
  Senior Citizens
American Association of
  Retired Persons

Abercrombie and Fitch
 50
Texas A & M
National Sheriffs
  Association

L.A. Banda, City of
Fremont CA., Planning
  Dept..
Zoning Administrator,
  Tucson, AZ.
Mrs. Jane Byrne, Chicago

Purchasing Bureau, State
  of Maryland
Material Management Bureau
  District of Columbia
                               635

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Army/Navy Exchanges              2         Army/Air Force Exchange
                                             System

Foundations                      5         Carnegie Foundation
                                 636

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                              TECHNICAL REPORT DATA
                        ff lease read Instructions on the reverse before completing)
 I. REPORT NO.
  EPA 550/9-79-255
                          2.
                                                   3. RECIPIENT'S ACCESSIO(*NO.
 4. TITLE AND SUBTITLE
  REGULATORY ANALYSIS SUPPORTING  THE GENERAL

  PROVISIONS FOR  PRODUCT NOISE LABELING	
            5. REPORT DATE
              August 1979
            6. PERFORMING ORGANIZATION CODE
 7. AUTHOR(S)
                                                   8. PERFORMING ORGANIZATION REPORT NO,
 9. PERFORMING ORGANIZATION NAME AND ADDRESS
   Environmental Protection Agency
   Office of Noise  Abatement and Control
   401 "M" Street,  S.W.
   Washington, D.C.  20460	
                                                   10. PROGRAM ELEMENT NO.
            11. CONTRACT/GRANT NO.
 12. SPONSORING AGENCY NAME AND ADDRESS
   Environmental  Protection Agency
   Office of Noise  Abatement and  Control
   Washington, D.C.  20460
            13. TYPE OF REPORT AND PERIOD COVERED
              Final
            14. SPONSORING AGENCY CODE

               200-2
 IS. SUPPLEMENTARY NOTES
 16. ABSTRACT
   This document  presents information used by  EPA in developing the
   General Provisions for Product  Noise Labeling including:   a review of
   other Federal  labeling programs;  the major  issues involved in formu-
   lating a general approach to  product noise  labeling; the  approach to
   the design graphics; potential  technical problems associated with the
   development of specific noise rating schemes; the Agency's response
   to comments, and resolution of  issues raised during the public comment
   period; an analysis of the public comment to understand the public
   perception of  product noise labeling; and the participation of the
   public throughout the development of the regulation.
 7.
                           KEY WORDS AND DOCUMENT ANALYSIS
               DESCRIPTORS
                                       b.lOENTIFIERS/OPEN ENDED TERMS
                       c. COSATI Field/Group
   Docket analysis,  economics,  enforc
   ment, label  graphics, Noise  Rating
   Noise Reduction Rating,  sound
   power, sound pressure, voluntary
   labeling
i-  Acoustic  descrip-
  tors, consumer
  issues, labeling,
  population  surveys,
  public participatior
  rating schemes
 8. DISTRIBUTION STATEMENT
   RELEASE UNLIMITED
                                        IB. SECURITY CLASS (This Report)

                                          TTnnl aae-i -F-i oH
                       21. NO. OF PAGES
                           639
20. SECURITY CLASS (This page)

   Unclassified
                                                               22. PRICE
IFA Form 2220-1 (t-73)
*UJ, GOVERNMENT PRINTING OFFICE: 1979 298-518/6395 1-3

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