[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 4905. Noise emission standards for products distributed in commerce
(a) Proposed regulations
(1) The Administrator shall publish proposed regulations, meeting
the requirements of subsection (c) of this section, for each product--
(A) which is identified (or is part of a class identified) in
any report published under section 4904(b)(1) of this title as a
major source of noise ,
(B) for which, in his judgment, noise emission standards are
(C) which falls in one of the following categories:
(i) Construction equipment.
(ii) Transportation equipment (including recreational
vehicles and related equipment).
(iii) Any motor or engine (including any equipment of which
an engine or motor is an integral part).
(iv) Electrical or electronic equipment.
(2)(A) Initial proposed regulations under paragraph (1) shall be
published not later than eighteen months after October 27, 1972, and
shall apply to any product described in paragraph (1) which is
identified (or is a part of a class identified) as a major source of
noise in any report published under section 4904(b)(1) of this title on
or before the date of publication of such initial proposed regulations.
(B) In the case of any product described in paragraph (1) which is
identified (or is part of a class identified) as a major source of noise
in a report published under section 4904(b)(1) of this title after
publication of the initial proposed regulations under subparagraph (A)
of this paragraph, regulations under paragraph (1) for such product
shall be proposed and published by the Administrator not later than
eighteen months after such report is published.
(3) After proposed regulations respecting a product have been
published under paragraph (2), the Administrator shall, unless in his
judgment noise emission standards are not feasible for such product,
prescribe regulations, meeting the requirements of subsection (c) of
this section, for such product--
(A) not earlier than six months after publication of such
proposed regulations, and
(B) not later than--
(i) twenty-four months after October 27, 1972, in the case
of a product subject to proposed regulations published under
paragraph (2)(A), or
(ii) in the case of any other product, twenty-four months
after the publication of the report under section 4904(b)(1) of
this title identifying it (or a class of products of which it is
a part) as a major source of noise .
(b) Authority to publish regulations not otherwise required
The Administrator may publish proposed regulations, meeting the
requirements of subsection (c) of this section, for any product for
which he is not required by subsection (a) of this section to prescribe
regulations but for which, in his judgment, noise emission standards are
feasible and are requisite to protect the public health and welfare. Not
earlier than six months after the date of publication of such proposed
regulations respecting such product, he may prescribe regulations,
meeting the requirements of subsection (c) of this section, for such
(c) Contents of regulations; appropriate consideration of other
standards; participation by interested persons; revision
(1) Any regulation prescribed under subsection (a) or (b) of this
section (and any revision thereof) respecting a product shall include a
noise emission standard which shall set limits on noise emissions from
such product and shall be a standard which in the Administrator's
judgment, based on criteria published under section 4904 of this title,
is requisite to protect the public health and welfare, taking into
account the magnitude and conditions of use of such product (alone or in
combination with other noise sources), the degree of noise reduction
achievable through the application of the best available technology, and
the cost of compliance. In establishing such a standard for any product,
the Administrator shall give appropriate consideration to standards
under other laws designed to safeguard the health and welfare of
persons, including any standards under chapter 301 of title 49, the
Clean Air Act [42 U.S.C. 7401 et seq.], and the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.]. Any such noise emission standards
shall be a performance standard. In addition, any regulation under
subsection (a) or (b) of this section (and any revision thereof) may
contain testing procedures necessary to assure compliance with the
emission standard in such regulation, and may contain provisions
respecting instructions of the manufacturer for the maintenance, use, or
repair of the product.
(2) After publication of any proposed regulations under this
section, the Administrator shall allow interested persons an opportunity
to participate in rulemaking in accordance with the first sentence of
section 553(c) of title 5.
(3) The Administrator may revise any regulation prescribed by him
under this section by (A) publication of proposed revised regulations,
and (B) the promulgation, not earlier than six months after the date of
such publication, of regulations making the revision; except that a
revision which makes only technical or clerical corrections in a
regulation under this section may be promulgated earlier than six months
after such date if the Administrator finds that such earlier
promulgation is in the public interest.
(d) Warranty by manufacturer of conformity of product with regulations;
transfer of cost obligation from manufacturer to dealer
(1) On and after the effective date of any regulation prescribed
under subsection (a) or (b) of this section, the manufacturer of each
new product to which such regulation applies shall warrant to the
ultimate purchaser and each subsequent purchaser that such product is
designed, built, and equipped so as to conform at the time of sale with
(2) Any cost obligation of any dealer incurred as a result of any
requirement imposed by paragraph (1) of this subsection shall be borne
by the manufacturer. The transfer of any such cost obligation from a
manufacturer to any dealer through franchise or other agreement is
(3) If a manufacturer includes in any advertisement a statement
respecting the cost or value of noise emission control devices or
systems, such manufacturer shall set forth in such statement the cost or
value attributed to such devices or systems by the Secretary of Labor
(through the Bureau of Labor Statistics). The Secretary of Labor, and
his representatives, shall have the same access for this purpose to the
books, documents, papers, and records of a manufacturer as the
Comptroller General has to those of a recipient of assistance for
purposes of section 311 of the Clean Air Act [42 U.S.C. 7611].
(e) State and local regulations
(1) No State or political subdivision thereof may adopt or enforce--
(A) with respect to any new product for which a regulation has
been prescribed by the Administrator under this section, any law or
regulation which sets a limit on noise emissions from such new
product and which is not identical to such regulation of the
(B) with respect to any component incorporated into such new
product by the manufacturer of such product, any law or regulation
setting a limit on noise emissions from such component when so
(2) Subject to sections 4916 and 4917 of this title, nothing in this
section precludes or denies the right of any State or political
subdivision thereof to establish and enforce controls on environmental
noise (or one or more sources thereof) through the licensing,
regulation, or restriction of the use, operation, or movement of any
product or combination of products.
(f) Publication of notice of receipt of revision petitions and proposed
At any time after the promulgation of regulations respecting a
product under this section, a State or political subdivision thereof may
petition the Administrator to revise such standard on the grounds that a
more stringent standard under subsection (c) of this section is
necessary to protect the public health and welfare. The Administration
shall publish notice of receipt of such petition in the Federal Register
and shall within ninety days of receipt of such petition respond by (1)
publication of proposed revised regulations in accordance with
subsection (c)(3) of this section, or (2) publication in the Federal
Register of a decision not to publish such proposed revised regulations
at that time, together with a detailed explanation for such decision.
(Pub. L. 92-574, Sec. 6, Oct. 27, 1972, 86 Stat. 1237; Pub. L. 95-609,
Sec. 5, Nov. 8, 1978, 92 Stat. 3081.)
References in Text
The Clean Air Act, referred to in subsec. (c)(1), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of this title and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(c)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this Act to the Code,
see Short Title note set out under section 1251 of Title 33 and Tables.
In subsec. (c)(1), "chapter 301 of title 49" substituted for "the
National Traffic and Motor Vehicle Safety Act of 1966 [15 U.S.C. 1381 et
seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108
Stat. 1378, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation.
1978--Subsec. (f). Pub. L. 95-609 added subsec. (f).
Section Referred to in Other Sections
This section is referred to in sections 4902, 4903, 4907, 4909, 4912, 4913, 4914, 4915, 4916, 4917 of this title.