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<br />10822
<br />
<br />of the Noise Control Act of 1972 (Publ1c
<br />Law 92-574).86 Stat. 1234.
<br />Issued APril 27. 1973.
<br />JOHN QUARLES,
<br />Acting AdmInistrator.
<br />Part 203 of ti tie 40 is proposed to read
<br />as follows:
<br />Seo.
<br />203.1 Definitions.
<br />203.2 Low-Noise-Emisslon Product Advisory
<br />Comm..1ttee.
<br />203.3 Application tor certifIcation.
<br />203.4 Test procedures.
<br />203.5 Admlnlstrator's determination.
<br />203.6 AdminIstrator's decision.
<br />203.7 Contracts tor low-nolse~emlsslon
<br />products.
<br />203.8 Postcertiftcatlon testing.
<br />203.9 Recertlficatlon.
<br />AUTHORITY.-Se<l. 15, Noise Control Act.
<br />1972, Public Law 92-574, 86 Stat. 1234.
<br />~ 203.1 Definilions.
<br />(a) As used in this part, any term not
<br />defined herein shall have the meaning
<br />given it in the Noise Control Act of 1972
<br />(Public Law 92-574).
<br />(l) "Act" means the Noise Control-Act
<br />011972 (Public Law 92-574).
<br />(2) "Committee" means the Low-
<br />Noise-Emission Product AdvisorY Com-
<br />"mittee establIshed by the Administrator
<br />pursuant to section 15 of the act.
<br />(3) "Federal Government" includes the
<br />legislative. executive. and Judicial
<br />branches of the Government of the
<br />United states. and the government of
<br />the District of Columbia.
<br />(4) "Administrator" means the Ad-
<br />ministrator of the Environmental Pro-
<br />tection Agency.
<br />(f,\ "Retail price" means (D the
<br />maximum statutory price applicable to
<br />any type of product, or <ii) in any case
<br />where there is no applicable maximum
<br />statutory price, the most recent domestic
<br />procurement price paid by the Govern-
<br />ment (other than W1der exigency pro-
<br />curement) for a product for' which a
<br />low-noise.emission product is a certified.
<br />substitute.
<br />(6) "Low-Noise-Emission Product De-
<br />termination" means the Administra.tor's
<br />detennination whether or not a product.
<br />for which a properlY filed application has
<br />been received. meets the low-noise-
<br />emission product c11ter:l.on specified in
<br />the sect.ian 6 standa.rd far that product
<br />or class of products.
<br />(7) "Suitable substitute decision"
<br />means the Administrator's decision as to
<br />whether a product for which the Ad.
<br />ministrator has determined to be a low.
<br />. noise-emission product is a suitable
<br />subsilute for a product or products pres.
<br />en tly being purchasea by the Federal
<br />Government.
<br />S 203.2 Low-Noise-Ellli~sion Product Ad-
<br />,'i~or~: Co"mmillce.
<br />(a) There is herebY established a
<br />Low-Noise-Emission Product Advisory
<br />Committee. The Committee shall be
<br />composed of the Administrator, or his
<br />designee. a representative of the NatIonal
<br />Bureau of Standards, and representa-
<br />tives of such other Federal agencies and
<br />
<br />PROPOSED RULES
<br />
<br />such private individuals as the Admin-
<br />istrator maY deem necessary from time
<br />to time. Notice of the appointment of
<br />members will he pubIlshed in the FEDERAL
<br />REGIS'lElI:.
<br />(b) The Commitree shall assist the
<br />Administrator in determining whIch
<br />products Qualify as low-nolse-emission
<br />products for the purposes of this section.
<br />~ 203.3 Applicalion for cerlificlIlion.
<br />(a) Any person desiring certification
<br />of a class or model of product W1der sec-
<br />tion 15 of the act shall submit to the
<br />Administrator an application for certifi-
<br />cation. The application shall be com.
<br />pleted upon such forms as the Adminis-
<br />trator may deem appropriate and shall
<br />contain:
<br />11) A description of the product, in-
<br />cluding its powe'r source, if any; and
<br />(2) Information pertaining to the test
<br />facility for the product establishing that
<br />the test facility meets all requirements
<br />which EPA may prescribe; and .
<br />(3) All noise emission data from the
<br />test of the product.; and,
<br />(4) Data required by the Administra-
<br />tor relative, but not limited to, the fol-
<br />lowing characteristics:
<br />0) Safety,
<br />(ii) Performance characteristics,
<br />(iii) Reliabil1ty of product and relia-
<br />bility of low-noise-emission features.
<br />(iv) Maintenance,
<br />(v) Operating cost.
<br />(vi) Conformance wit h Federal
<br />agency purchase specifications; and,
<br />(5) Such other infonna.tion as the Ad~
<br />minlstra.tor may request.
<br />(b) Speciflc data reqUirements rela-
<br />tive to paragraph (a) (4) of this section
<br />will be pUblished separatelY from the
<br />section 6 standard containing the low-
<br />noise-emission criterion for that product
<br />or class of products.
<br />(c) The Administrator will. Immedi-
<br />ately upon receipt of the a.pplication tOl"
<br />certification, publish in the FEDERAL
<br />REGISTER. a notice of the receipt of the
<br />application. The notice will request WI1t-
<br />ten comments and documents from
<br />interested parties in support of, or In
<br />opposition to, cert.ifl.caUon of the class
<br />or model of product W1der consideration.
<br />~ 203.4 Telll procedures.
<br />(a) The applicant shall test or cause
<br />his product to be tested in acocrdance
<br />with procedures contained In the regula-
<br />ti01L'5 issued pursuant to section 6 unless
<br />otherwise specified.
<br />(b) ,The Administrator may conduct
<br />whatever investigation is necessary, in-
<br />cluding actual inspection of the product
<br />at a place designated by h1m.
<br />~ 203.5 Adll1inilillralor'!I detcrminalion.
<br />(a) The Administrator will, within
<br />90 days after receipt of a properly flIed
<br />application for certification, determine
<br />whether such product 15 a low-noise-
<br />emission product. In doing 50, he will
<br />determine if tHe product:
<br />(1) Is one for which a noise source
<br />emission standard has been promul.
<br />gated under section 6 of the act; and
<br />
<br />.
<br />
<br />(2) Emits levels of noise in amounts
<br />significantly below the levels specifl.ed
<br />in noIse emission standards under regu.
<br />lations under section 6 of the act at the
<br />time of procurement applicable to that
<br />product or class of product (the amount
<br />of reduction below the standard neces-
<br />sary for Qualification as a low-noise~
<br />emission product will be issued concur-
<br />rently with the Federal noise source emis.
<br />sion standard for that product or class
<br />of products promulgated pursuant to
<br />section 6 of the act); and
<br />(3) Is labeled in accordance 1,1,rith reg.
<br />ulations issued pursuant to section 8 of
<br />the act.
<br />(b) The Administrator will, upon mak-
<br />ing the determination whether a product
<br />is a. low-noise-emIssion product, pUblish
<br />in the FEDERAL REGISTER notice of his de.
<br />termination, and the reasons therefor.
<br />(c) The notice of determination that a
<br />product is a low-noise-emission product
<br />shall be revocable whenever a change in
<br />the low-noise-emission product criterion
<br />for that product occurs between determi-
<br />nation and decision. Notice of any revo-
<br />cation will be published in the FEDERAL
<br />REGISTER, together with a statement of
<br />the reasons therefor.
<br />(d) The notice of determination that a
<br />product is a low~noise-emisslon product
<br />shall expire upon publication in the FED-
<br />ERAL REGISTER of the Administrator's
<br />notice of a decision that a product will
<br />not be certifl.ed,
<br />~ 203.6 Adn.ini!..lralor'f1 decision.
<br />(a) If the Actinin1strator determines
<br />that a product is a low-noise-emlssion
<br />product. then within 180 days of such de-
<br />tennination, the Adm1nistrator will de-
<br />cide whether such product Is a suitable
<br />substitute for any class or model of prod-
<br />uct being purchased by the Federal Gov-
<br />ernment for use by its agencies, Such
<br />decision will be based UpOll the data ob-
<br />tained under ~ 203.3, the Administrator's
<br />evaluation of the data, comments of In-
<br />terested parties, and, as the AaminIstra.
<br />tor deems appropriate, an actual inspec~
<br />tion or test of the product at such places
<br />and times as the Administrator may
<br />designate.
<br />(b) In order to compare the data for
<br />any class or model of product with any
<br />class or model of product presently being
<br />purchased by the FederR.l Government
<br />for which the applicant seeks to have its
<br />product substituted, the Administrator
<br />will enter into appropriate agreements
<br />with other Government agencies to
<br />gather the necessary data regarding such
<br />class or model.
<br />(c) Immedlately upon making the
<br />decision as to whether a product deter.
<br />mined to be a low.nolse-ernission prod.
<br />uct is a suitable substitute for any prod~
<br />uct or class of products being purchased
<br />by the Federal Government for its use,
<br />the Administrator will publish in the
<br />FEDERI'L REG1STER notice of such decision
<br />and the reasons therefor.
<br />(d) If the Administrator decides that
<br />the product Is a suitable substitute for
<br />products being purchased by the Federal
<br />Government, he will issue a certificate
<br />
<br />,
<br />
<br />....."it
<br />
<br />~
<br />
<br />FEDERAL REGISTER, VOL. 38, NO, 84-WEDNESDAY, MAY 2, 1973
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