44 



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 para- 

 graph (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) d) of this title 

 after publication of the initial proposed regulations 

 under subparagraph (A) of this paragraph, regula- 

 tions 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 prod- 

 uct have been published under paragraph (2), the 

 Administrator shall, unless in his judgment noise 

 emission standards are not feasible for such prod- 

 uct, prescribe regulations, meeting the requirements 

 of subsection (c) of this section, for such product — 



(A) not earlier than six months after publica- 

 tion of such prop>osed regulations, and 



(B) not later than — 



(i) twenty-four months after October 27, 

 1972, in the case of a product subject to pro- 

 posed regulations published under paragraph 

 (2) (A), or 



(11) in the case of any other product, twenty- 

 four months after the publication of the report 

 under section 4904(b) (1) of this title Identify- 

 ing 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 regula- 

 tions, meeting the requirements of subsection (c) of 

 this section, for any product for which he is not re- 

 quired 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 require- 

 ments of subsection (c) of this section, for such 

 product. 



(c) Contents of regulations; appropriate consideration 

 of other standards; participation by interested 

 persons ; revision. 



(1) Any regulation prescribed under subsection 

 (a) or (b) of this section (and any revision thereof) 

 respecting a product shall Include a noise emission 

 standard which shall set limits on noise emissions 

 from such product and shall be a standard which 

 in the Administrator's judgment, based on criteria 

 published under section 4904 of this title, is requisite 

 to protect the public health and welfare, taking into 

 account the magnitude and conditions of use of 

 such product (alone or in combination with other 

 noise sources) , the degree of noise reduction achiev- 

 able through the application of the best available 

 technology, and the cost of compliance. In estab- 

 lishing such a standard for any product, the Admin- 

 istrator shall give appropriate consideration to 



standards under other laws designed to safeguard 

 the health and welfare of persons, including any 

 standards under the National Traffic and Motor Ve- 

 hicle Safety Act of 1966. the Clean Air Act. and the 

 Federal Water Pollution Control Act. Any such noise 

 emission standards shall be a performance standard. 

 In addition, any regulation under subsection (a) or 

 (b) of this section (and any revision thereof) may 

 contain testing procedures necessary to assure com- 

 pliance with the emission standard in such regula- 

 tion, and may contain provisions respecting instruc- 

 tions 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) publi- 

 cation 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 prod- 

 uct with regulations; transfer of cost obligation 

 from manufacturer tii dealer prohibited. 



(1) On and after the effective date of any regu- 

 lation prescribed under subsection (a) or (b) of 

 this section, the manufacturer of each new prod- 

 uct to which such regulation applies shall warrant 

 to the ultimate purchaser and each subsequent pur- 

 chaser that such product Is designed, built, and 

 equipped so as to conform at the time of sale with 

 such regulation. 



(2) Any cost obligation of any dealer inciu-red 

 as a result of any requirement imposed by para- 

 graph (1) of this subsection shall be borne by the 

 manufacturer. The transfer of any such cost obliga- 

 tion from a manufacturer to any dealer through 

 franchise or other agreement is prohibited. 



(3) If a manufacturer includes in any advertise- 

 ment 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 rec- 

 ords of a manufacturer as the Comptroller General 

 has to those of a recipient of assistance for pur- 

 poses of section 1857j of this title. 



(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 Admin- 

 istrator under this section, any law or regulation 



