Page:United States Statutes at Large Volume 86.djvu/1283

 86 STAT. ]

PUBLIC LAW 92-574-OCT. 27, 1972

1241

" (d) In prescribing and amending standards and regulations under this section, the F A A shall— "(1) consider relevant available data relating to aircraft noise and sonic boom, including the results of research, development, testing, and evaluation activities conducted pursuant to this Act and the Department of Transportation Act; s o Stat. 931. 49 USC 1651 "(2) consult with such Federal, State, and interstate agencies note. as he deems appropriate; "(3) consider whether any proposed ^ and a r d or regulation is consistent with the highest degree of safety in air commerce or air transportation in the public interest; "(4) consider whether any proposed standard or regulation is economically reasonable, technologically practicable, and appropriate for the particular type of aircraft, aircraft engine, appliance, or certificate to which it will apply; and "(5) consider the extent to which such standard or regulation will contribute to carrying out the purposes of this section. "(e) I n any action to amend, modify, suspend, or revoke a certifi- Notice and cate in which violation of aircraft noise or sonic boom standards or ^PP*«^regulations is at issue, the certificate holder shall have the same notice and appeal rights as are contained in section 609, and in any appeal gs'statAsV' to the National Transportation Safety Board, the Board may amend, 49 USC 1429. modify, or reverse the order of the F A A if it finds that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require the affirmation of such order, or that such order is not consistent with safety in air commerce or air transportation." (c) All— (1) standards, rules, and regulations prescribed under section 611 of the Federal Aviation Act of 1958, and Ante, p. 1239. (2) exemptions, granted under any provision of the Federal Aviation Act of 1958, with respect to such standards, rules, and H ftf*- 7^^ 49 US C 1301

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regulations, note, which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Administrator of the Federal Aviation Administration in the exercise of any authority vested in him, by a court of competent jurisdiction, or by operation of law. LABELING

SEC. 8. (a) The Administrator shall by regulation designate any Regulations, product (or class thereof)— (1) which emits noise capable of adversely affecting the public health or welfare; or (2) which is sold wholly or in part on the basis of its effectiveness in reducing noise. (b) For each product (or class thereof) designated under subsection (a) the Administrator 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 prospective user in some other manner, (2) the form of the notice, and (3) the methods and units of measurement to be used. Sections 6(c)(2) shall apply to the prescribing of any regulation under this section. (c) This section does not prevent any State or political 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.

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