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and a private carrier of property by motor vehicle as those terms are defined by paragraphs (14), (15), and (17) of section 203 (a) of the Interstate Commerce Act (49 U.S.Ć. 303 (a) ).
AUTHORIZATION OF APPROPRIATIONS
SEC. 19. There is authorized to be appropriated to carry out this Act (other than section 15) $3,000,000 for the fiscal year ending June 30, 1973; $6,000,000 for the fiscal year ending June 30, 1974; and $12,000,000 for the fiscal year ending June 30, 1975.
Approved October 27, 1972.
HOUSE REPORT No. 92-842 (Comm. on Interstate and Foreign Commerce).
Feb. 29, considered and passed House.
Oct. 12, 13, considered and passed Senate, amended, in lieu of S. 3342. Oct. 18, House concurred in Senate amendment, with an amendment; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Oct. 28, Presidential statement.
1.4A(1) HOUSE COMMITTEE ON INTERSTATE AND
H.R. REP. No. 92-842, 92d Cong., 2d Sess. (1972)
FEBRUARY 19, 1972.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Mr. STAGGERS, from the Committee on Interstate and
[To accompany H.R. 11021]
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H.R. 11021) to control the emission of noise detrimental to the human environment, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof a substitute which appears in the reported bill in italic type.
SUMMARY OF LEGISLATION
The objective of the Noise Control Act of 1972, "... to promote an environment for all Americans free from noise that jeopardizes their health or welfare. . ." (sec. 2(b)) is to be achieved in the following manner:
Coordination of Federal noise control and research activities
(1) by requiring all Federal agencies to promote this objective in carrying out the programs under their control (sec. 4(a));
(2) by requiring the Administrator of the Environmental Protection Agency to coordinate the programs of all Federal agencies relating to noise research and noise control (sec. 4(b)(1));
(3) by requiring each Federal agency (except the Federal Aviation Administration to which special provisions apply) to consult with the Administrator when prescribing regulations respecting noise, and by authorizing the Administrator to request any such agency to review noise control regulations when he has reason to believe that such regulations do not protect the public health and welfare to the extent he believes to be required and feasible (sec. 4(b)(2));
(4) by requiring the Administrator to report from time to time on the status and progress of Federal noise research and control activities (sec. 4(b) (3));
Identification of major noise sources and publication of noise control
(5) by requiring the Administrator to develop and publish noise criteria identifying the effects on health and welfare of differing quantities and qualities of noise (sec. 5(a));
(6) by requiring the Administrator to identify, and publish a compilation of products which constitute major noise sources (sec. 5(b)); Noise emission standards for new products
(7) by requiring the Administrator to establish noise emission standards for new products in the following four categories, if they have been identified as major noise sources, and if noise emission standards are feasible:
I. Construction equipment
II. Transportation equipment
III. Motors or engines, or equipment of which motors and engines are integral parts
IV. Electrical or electronic equipment
and by providing detailed time schedules for the establishment of such standards (sec. 6(a));
(8) by authorizing the Administrator to establish noise emission standards for other new products for which such standards are feasible and requisite to protect the public health and welfare (sec. 6(b)); State and local noise control of use of any product
(9) by leaving intact State or local authority to control the use, operation or movement of any product (sec. 6(d));
Interagency coordination with regard to aircraft noise standards
(10) by directing the Administrator of the Federal Aviation Administration to consult with the Administrator of the Environmental Protection Agency in prescribing noise control standards and regulations under the applicable provisions of the Federal Aviation Act; by authorizing the Administrator of the Environmental Protection Agency to request the Administrator of the Federal Aviation Administration to review any standard or regulation which the Administrator of the Environmental Protection Agency has reason to believe does not adequately protect the public from aircraft noise or sonic boom, and to submit a report to the Administrator of the Environmental Protection Agency on the results of such review; and by prohibiting the Administrator of the Federal Aviation Administration from issuing an original type certificate for any aircraft for which substantial noise abatement can be achieved through regulations, unless he prescribes noise or sonic boom regulations applicable to the aircraft (sec. 7);
Informative labeling of new products
(11) by requiring the Administrator to issue regulations requiring informative labeling (or other suitable methods of informing prospective users) with respect to any product (or class thereof) which emits noise capable of adversely affecting the public health or welfare, or which is sold wholly or in part on the basis of its effectiveness in reducing noise (sec. 8);
(12) by requiring the Secretary of the Treasury in consultation with the Administrator to carry out the provisions of this legislation with regard to imports (sec. 9);
(13) by authorizing the Administrator (and a State under an agreement with the Administrator) to assess and to collect in a civil action, civil penalties of not more than $25,000 for each violation of any of the prohibitions of this legislation relating to the sale of any new product which does not conform with a noise emission standard; the removal or rendering inoperative of any device incorporated in any product in compliance with such standard; the use thereafter of any such product; the removal prior to sale to an ultimate purchaser of any informative labeling attached to any new product; the importation of any new product in violation of this legislation; or the failure to maintain records or furnish any report or information required by this legislation (sections 10 and 11);
(14) by authorizing the institution of a citizen suit against any violator of a noise control requirement under the bill or against the Administrator of the Environmental Protection Agency or the Administrator of the Federal Aviation Administration for an alleged failure to perform any act under this legislation which is not discretionary with such Administrator (sec. 12);
Records, reports, and information
(15) by requiring manufacturers to maintain records or to furnish reports and information reasonably required by the Administrator to
secure compliance with this legislation, and by requiring manufacturers to make new products available for testing by the Administrator (sec. 13);
(16) by authorizing the Administrator to conduct research or to finance research by others to determine the effects, measurement and control of noise as well as acceptable levels of noise; to provide technical assistance to States and local governments in training enforcement personnel and in preparing model State or local noise control legislation (sec. 14);
(17) by directing the Administrator to determine which products qualify as low noise emission products and to certify such products as suitable for use as substitutes for other products in use at that time by federal agencies, and by directing such agencies to use any such certified product if the Administrator of General Services determines that the procurement costs of such certified product are not more than 125 per centum of the retail price of the least expensive type of product for which such certified product is to serve as a substitute; and by authorizing $1 million for fiscal year 1972 and $2 million for each of the two succeeding fiscal years for paying the additional costs of such certified products (sec. 15);
Authorization of appropriations
(18) by authorizing for purposes of carrying out the provisions of this legislation the appropriation of the following sums: $3 million for fiscal year 1972; $6 million for fiscal year 1973; and $12 million for fiscal year 1974 (sec. 16).
HEARINGS ON THE LEGISLATION
Your Committee, acting through its Subcommittee on Public Health and Environment, conducted a series of hearings on the problems of noise pollution. Hearings focused on the Administration bill, H.R. 5275, which was introduced on March 1, 1971, by Chairman Staggers and Congressman Springer, and several other bills introduced by various Members of Congress which would provide for a comprehensive program for the control of noise. Hearings were held on June 16, 17, 22, 23, and 24, 1971, and testimony was received from a variety of witnesses representing government, industry, and professions concerned with noise and its effects on human health and welfare. The Committee also received extensive written material involving the subject of noise abatement as an aspect of environmental quality.
Following the hearings and Subcommittee consideration, a clean bill, H.R. 11021, was introduced by Subcommittee Chairman Rogers and seven other members of the Subcommittee. On February 8, 1972 the bill was ordered reported by voice vote.
REPORT ON NOISE REQUIRED BY TITLE IV OF THE CLEAN AIR ACT
Title IV of the Clean Air Act (the "Noise Pollution and Abatement Act of 1970") required the Environmental Protection Agency to undertake a complete investigation of noise and its effect on the public health and welfare, to identify and classify the sources of noise,