45 



which sets a limit on noise emissions from such 

 new product and which is not identical to such 

 regulation of the Administrator; or 



(B) with respect to any component incorpo- 

 rated 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 incorporated. 



(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 estab- 

 lish 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 prod- 

 ucts. (Pub. L. 92-574, I 6, Oct, 27, 1972, 86 Stat. 

 1237.) 



§4906. Aircraft noise standards. 



The Administrator, after consultation with ap- 

 propriate Federal, State, and local agencies and 

 interested persons, shall conduct a study of the (1) 

 adequacy of Federal Aviation Administration flight 

 and operational noise controls; (2) adequacy of 

 noise emission standards on new and existing air- 

 craft, together with recommendations on the retro- 

 fitting and phaseout of existing aircraft; (3) 

 implications of Identifying and achieving levels of 

 cumulative noise exposure around airports; and (4) 

 additional measures available to airport operators 

 and local governments to control aircraft noise. He 

 shall report on such study to the Committee on In- 

 terstate and Foreign Commerce of the House of 

 Representatives and the Committees on Commerce 

 and Public Works of the Senate within nine months 

 after October 27, 1972. (Pub. L. 92-574, §7(a), 

 Oct. 27. 1972, 86 Stat. 1239.) 



Codification 

 Section consists of subsec. (a) of section 7 of Pub. L. 

 92-574, Subsccs. (b) and (c) of section 7 of Pub. L 

 92-574 are classified to section 1431 and 1431 note of 

 Title 49, Transportation. 



§4907. Labeling. 



(a) Regulations. 



The Administrator shall by regulation desigmate 

 any product (or class thereof) — 



( 1 ) which emits noise capable of adversely af- 

 fecting the public health or welfare; or 



(2) which is sold wholly or in part on the basis 

 of its effectiveness in reducing noise. 



(b) Manner of notice; form; methods and units of 

 measurement. 



For each product (or class thereof) designated 

 under subsection (a) of this section the Administra- 

 tor 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 in reducing 

 noise, as the case may be. Such regulations shall 

 specify (1) whether such notice shall be affixed to 

 the product or to the outside of its container, or to 

 both, at the time of its sale to the ultimate purchaser 

 or whether such notice shall be given to the prospec- 

 tive user in some other manner, (2) the form of the 

 notice, and (3) the methods and units of measure- 



ment to be used. Section 490S(c)(2) of this title 

 shall apply to the prescribing of any regulation 

 under this section. 



(c) State regulation of product labeling. 



This section does not prevent any State or po- 

 litical subdivision thereof from regulating product 

 labeling or information respecting products in any 

 way not in conflict with regulations prescribed by 

 the Administrator under this section. (Pub. L. 92- 

 574, 8 8. Oct. 27, 1972, 86 Stat. 1241.) 



§4908. Imports. 



The Secretary of the Treasury shall, in consulta- 

 tion with the Administrator, issue regulations to 

 carry out the provisions of this chapter with respect 

 to new products imported or offered for Importation. 

 (Pub. L. 92-574, I 9, Oct. 27, 1972, 86 Stat. 1242.) 



§4909. Prohibited acts. 



(a) Except as otherwise provided in subsection 

 (b) of this section, the following acts or the causing 

 thereof are prohibited: 



( 1 ) In the case of a manufacturer, to distribute 

 in commerce any new product manufactured after 

 the effective date of a regulation prescribed under 

 section 4905 of this title which is applicable to 

 such product, except in conformity with such 

 regulation. 



(2) ( A I The removal or rendering inoperative by 

 any person other than for purposes of mainte- 

 nance, repair, or replacement, of any device or 

 element of design incorporated into any product 

 in compliance with regulations under section 4905 

 of this title, prior to its sale or delivery to the 

 ultimate purchaser or while it is in use, or (B) 

 the use of a product after such device or element 

 of design has been removed or rendered inopera- 

 tive by any person. 



(3) In the case of a manufacturer, to distribute 

 in commerce any new product manufactured after 

 the effective date of a regulation prescribed under 

 section 4907(b) of this title (requiring Informa- 

 tion respecting noise ) which is applicable to such 

 product, except in conformity with such regulation. 



(4) The removal by any person of any. notice 

 affixed to a product or container pursuant to regu- 

 lations prescribed under section 4907(b) of this 

 title, prior to sale of the product to the ultimate 

 purchaser. 



(5) The Importation into the United States by 

 any person of any new product in violation of a 

 regulation prescribed under section 4908 of this 

 title which is applicable to such product. 



(6) The failure or refusal by any person to 

 comply with any requirement of section 4910(d) 

 or 4912(a) of this title or regulations prescribed 

 under section 4912(a), 4916. or 4917 of this title. 

 (b)(1) For the purpose of research, investiga- 

 tions, studies, demonstrations, or training, or for 

 reasons of national security, the Administrator may 

 exempt for a specified period of time any product, or 

 class thereof, from paragraphs ( 1 ) , ( 2 ) , ( 3 ) , and ( 5 ) 

 of subsection (a) of this section, upon such terms 

 and conditions as he may find necessary to protect 

 the public health or welfare. 



