46 



(2) Paragraphs (1), (2), (3), and (4) of subsec- 

 tion (a) of this section shall not apply with respect 

 to any product which Is manufactured solely for use 

 outside any State and which (and the container of 

 which) is labeled or otherwise marked to show that 

 it Is manufactured solely for use outside any State; 

 except that such paragraphs shall apply to such 

 product If It Is In fact distributed In commerce for 

 use In any State. (Pub. L. 92-574, 5 10, Oct. 27. 1972, 

 86 Stat. 1242.) 



§4910. Enforcement. 



(a) Criminal penalties. 



Any person who willfully or knowingly violates 

 paragraph (1), (3), (5), or (6) of subsection (a) of 

 section 4909 of this title shall be punished by a fine 

 of not more than $25,000 per day of violation, or by 

 imprisonment for not more than one year, or by 

 both. If the conviction is for a violation committed 

 after a first conviction of such person under this 

 subsection, punishment shall be by a fine of not more 

 than $50,000 per day of violation, or by imprison- 

 ment for not more than two years, or by both. 



(b) Separate violations. 



For the purpose of this section, each day of viola- 

 tion of any paragraph of section 4909(a) of this title 

 shall constitute a separate violation of that section. 



(c) Actions to restrain violations. 



The district courts of the United States shall have 

 jurisdiction of actions brought by and in the name of 

 the United States to restrain any violations of sec- 

 tion 4909(a) of this title. 



(d) Orders issued to protect the public health and 

 welfare ; notice ; opportunity for hearing. 



(1) Whenever any person is in violation of section 

 4909(a) of this title, the Administrator may issue 

 an order specifying such relief as he determines is 

 necessary to protect the public health and welfare. 



(2) Any order under this subsection shall be issued 

 only after notice and opportunity for a liearing in 

 accordance with section 554 of Title 5. 



(e) "Person" defined. 



The term "person," as used in this section, does 

 not include a department, agency, or instrumentality 

 of the United States. (Pub. L. 92-574, § U, Oct. 27, 

 1972, 86 Stat. 1242.) 



§4911. Citizen suits. 



(a) Authority to commence suits. 



Except as provided in subsection (b) of this sec- 

 tion, any person (other than the United States) may 

 commence a civil action on his own behalf — 



(1) against any person (including (A) the 

 United States, and (B) any other governmental 

 instrumentality or agency to the extent permitted 

 by the eleventh amendment to the Constitution) 

 who is alleged to be in violation of any noise con- 

 trol requirement (as defined In subsection (e) 

 of this section) , or 



(2) against — 



(A) the Administrator of the Environmental 

 Protection Agency where there is alleged a fail- 

 ure of such Administrator to perform any act 



or duty under this chapter which Is not discre- 

 tionary with such Administrator, or 



(B) the Administrator of the Federal Avia- 

 tion Administration where there Is alleged a fail- 

 ure of such Administrator to perform any act or 

 duty under section 1431 of Title 49 which is not 

 discretionary with such Administrator. 

 The district courts of the United States shall have 

 Jurisdiction, without regard to the amount in con- 

 troversy, to restrain such person from violating such 

 noise control requirement or to order such Adminis- 

 trator to perform such act or duty, as the case may 

 be. 



(b) Notice. 



No action may be commenced — 



(1) under subsection (a) (1) of this section — 



(A) prior to sixty days after the plaintiff has 

 given notice of the violation (1) to the Adminis- 

 trator of the Environmental Protection Agency 

 (and to the Federal Aviation Administrator in 

 the case of a violation of a noise control require- 

 ment under such section 1431 of Title 49) and 

 (ii) to any alleged violator of such requirement, 

 or 



(B) if an Administrator has commenced and 

 Is diligently prosecuting a civil action to require 

 compliance with the noise control requirement, 

 but in any such action in a court of the United 

 States any person may intervene as a matter of 

 right, or 



(2) under subsection (a)(2) of this section 

 prior to sixty days after the plaintiff has given 

 notice to the defendant that he will commence 

 such action. 



Notice under this subsection shall be given in such 

 manner as the Administrator of the Environmental 

 Protection Agency shall prescribe by regulation. 



(c) Intervention. 



In an action under this section, the Administrator 

 of the Environmental Protection Agency, if not a 

 party, may intervene as a matter of right. In an ac- 

 tion under this section respecting a noise control 

 requirement under section 1431 of Title 49, the Ad- 

 ministrator of the Federal Aviation Administration, 

 if not a party, may also intervene as a matter of 

 right. 



(d) Litigation costs. 



The court, in issuing any final order in any action 

 brought pursuant to subsection (a) of tills section, 

 may award costs of litigation (including reasonable 

 attorney and expert witness fees) to any party, 

 whenever the court determines such an award is 

 appropriate. 



(e) Other common law or statutory rights of action. 

 Nothing in this section shall restrict any right 



which any person (or class of persons) may have 

 under any statute or common law to seek enforce- 

 ment of any noise control requirement or to seek any 

 other relief (including relief against an Administra- 

 tor). 



(f) "Noise control requirement" defined. 



For purposes of this section, the term "noise con- 

 trol requirement" means paragraph (1), (2), (3), 

 (4), or (5) of section 4909(a) of this title, or a 



