48 



Committee shall Include the Administrator or his 

 designee, a representative of the National Bureau 

 of Standards, and representatives of such other Fed- 

 eral agencies and private Individuals as the Admin- 

 istrator may deem necessary from time to time. Any 

 member of the Committee not employed on a full- 

 time basis by the United States may receive the 

 daily equivalent of the annual rate of basic pay In 

 effect for grade GS-18 of the General Schedule for 

 each day such member is engaged upon work of the 

 Committee. Each member of the Committee shall be 

 reimbursed for travel expenses, including per diem 

 in lieu of subsistence as authorized by section 5703 

 of Title 5 for persons in the Government service em- 

 ployed intermittently. 



(4) Certification under this section shall be effec- 

 tive for a period of one year from the date of 

 issuance. 



(5) (A) Any person seeking to have a class or 

 model of product certified under this section shall 

 file a certification application in accordance with 

 regulations prescribed by the Administrator. 



(B) The Administrator shall publish in the Fed- 

 eral Register a notice of each application received. 



<C) The Administrator shall make determinations 

 for the purpose of this section in accordance with 

 procedures prescribed by him by regulation. 



(D) The Administrator shall conduct whatever 

 investigation is necessary, including actual inspec- 

 tion of the product at a place designated in regula- 

 tions prescribed under subparagraph (A). 



(.E) The Administrator shall receive and evaluate 

 written comments and documents from interested 

 persons in support of, or in opposition to, certification 

 of the class or model of product under consideration. 



(F) Within ninety days after the receipt of a 

 properly filed certification application the Admin- 

 istrator shall determine whether such product is a 

 low-noise-emission product for purposes of this sec- 

 tion. If the Administrator determines that such 

 product is a low-noise-emission product, then within 

 one hundred and eighty days of such determination 

 the Administrator shall reach a decision as to 

 whether such product is a suitable substitute for any 

 class or classes of products presently being pur- 

 chased by the Federal Government for use by its 

 agencies. 



(G) Immediately upon making any determination 

 or decision under subparagraph (F), the Adminis- 

 trator shall publish in the Federal Register, notice 

 of such determination or decision, including reasons 

 therefor. 



(c) Federal procurement of low-noise-emission prod- 

 ucts. 



(1) Certified low-noise-emission products shall be 

 acquired by purchase or lease by the Federal Govern- 

 ment for use by the Federal Government in lieu of 

 other products if the Administrator of General Serv- 

 ices determines that such certified products have 

 procurement costs which are no more than 125 per 

 centum of the retail price of the least expensive type 

 of product for which they are certified substitutes. 



'2) Data relied upon by the Administrator in de- 

 termining that a product is a certified low-noise- 

 emission product shall be incorporated in any con- 

 tract for the procurement of such product. 



(d) Product selection. 



The procuring agency shall be required to pur- 

 chase available certified low-noise-emission products 

 which are eligible for purchase to the extent they are 

 available before purchasing any other products for 

 which any low-noise-emlsslon product Is a certified 

 substitute. In making purchasing selections between 

 competing eligible certified low-noise-emlsslon prod- 

 ucts, the procuring agency shall give priority to any 

 class or model which does not require extensive peri- 

 odic maintenance to retain its low-noise-emission 

 qualities or which does not involve operating costs 

 significantly in excess of those products for which 

 it is a certified substitute. 



(e) Waiver of statutory price limitations. 



For the purpose of procuring certified low-noise- 

 emission products any statutory price llmitati^iis 

 shall be waived. 



(f) Tests of noise emissi9ns from products purchased 

 by Federal government. 



The Administrator shall, from time to time as he 

 deems appropriate, test the emissions of noise from 

 certified low-noise-emission products purchased by 

 the Federal government. If at any time he finds 

 that the noise-emission levels exceed the levels on 

 which certification under this section was based, the 

 Administrator shall give the supplier of such product 

 written notice of this finding issue public notice of 

 it, and give the supplier an opportunity to make 

 necessary repairs, adjustments, or replacements. If 

 no such repairs, adjustments, or replacements are 

 made within a period to be set by the Administrator, 

 he may order the supplier to show cause why the 

 product involved should be eligible for recertification. 



(g) Authorization of appropriations. 



There are authorized to be appropriated for 

 paying additional amounts for products pursuant 

 to, and for carrying out thte provisions of, this sec- 

 tion, $1,000,000 for the fiscal year ending June 30, 

 1973. and $2,000,000 for each of the two succeeding 

 fiscal years, $2,200,000 for the fiscal year ending 

 June 30, 1976, $550,000 for the transition period of 

 July 1, 1976, through September 30. 1976. and 

 $2,420,000 for the fiscal year ending September 30, 

 1977. 



(h) Promulgation of procedures. 



The Administrator shall promulgate the proce- 

 dures required to implement this section within one 

 hundred and eighty days after October 27. 1972. 

 (Pub. L. 92-574. § 15, Oct. 27, 1972, 86 Stat. 1245; 

 amended Pub. L. 94-301, § 1, May 31, 1976, 90 Stat. 

 590.) 



§4915. Judicial review, 

 (a) Petition for review. 



A petition for review of action of the Administra- 

 tor of the Environmental Protection Agency in pro- 

 mulgating any standard or regulation under sections 

 4905. 4916, or 4917 of this title or any labeling regula- 

 tion imd'er section 4907 of this title may be filed only 

 in the United States Court of Appeals for the District 

 of Columbia Circuit, and a petition for review of 

 action of the Administrator of the Federal Aviation 



