§ 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 of the act; (2) Emits levels of noise in amounts significantly below the levels specified in noise emission standard under regulations under section 6 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.