---
kind: "section"
citation: "40 C.F.R. § 203.4"
title: "40"
number: "203.4"
heading: "Low-noise-emission product determination."
url: "https://uscodex.org/cfr/40/203.4"
---

# §203.4. Low-noise-emission product determination.

- (a) The Administrator will, within ninety (90) days after receipt of a properly filed application for certification, determine whether such product is a low-noise-emission product. In doing so, he will determine if the product:
  - (1) Is one for which a noise source emission standard has been promulgated under [section 6](/cfr/40/6.md) of the act;
  - (2) Emits levels of noise in amounts significantly below the levels specified in noise emission standard under regulations under [section 6](/cfr/40/6.md) of the act applicable to that product or class of products; and
  - (3) **Is labeled in accordance with regulations issued pursuant to section 8 of the act.**
- (b) The Administrator will, upon making the determination whether a product is a low-noise-emission product, publish in the Federal Register notice of his determination, and the reasons therefor.
- (c) The notice of determination that a product is a low-noise-emission product shall be revocable whenever a change in the low-noise-emission product criterion for what product occurs between determination and decision. Notice of any revocation will be published in the Federal Register, together with a statement of the reasons therefor.
- (d) The notice of determination that a product is a low-noise-emission product shall expire upon publication in the Federal Register of the Administrator's notice of a decision that a product will not be certified.

## Notes

### Authority

Authority: Sec. 15, Noise Control Act, 1972, Pub. L. 92-574, 86 Stat. 1234.

### Source

Source: 39 FR 6670, Feb. 21, 1974, unless otherwise noted.