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for aircraft for which substantial noise abatement can be achieved cannot be issued unless the FAA Administrator has prescribed noise standards which apply to such aircraft.

In order to allow the EPA to assume a meaningful role with respect to aircraft noise, the bill provides further that whenever the Administrator of EPA has reason to believe that an existing or proposed standard or regulation or exemption therefrom or the issuance of an original type certificate does not adequately protect the public, he shall request a review of such action as well as a report on the FAA's findings upon review. EPA's request may be published in the Federal Register and, unless FAA's report indicates an agreement to take specific actions that have been requested by EPA, the FAA report must also appear in the Federal Register. Any such report must identify any environmental impact statements which have been filed under the National Environmental Policy Act of 1969 with respect to such action.

Your Committee believes that these procedures, involving active consultation and advice as well as public disclosure of both agencies' recommendations and actions, will have a substantial effect on aircraft noise abatement. The Committee intends to closely review this new relationship between EPA and FAA. If this relationship does not serve to provide the public with effective reductions in aircraft noise within a reasonable time, further consideration will be given to the problem of excessive aircraft noise and the Committee will take whatever action it considers necessary to achieve adequate reduction. No provision of the bill is intended to alter in any way the relationship between the authority of the Federal Government and that of State and local governments that existed with respect to matters covered by section 611 of the Federal Aviation Act of 1958 prior to the enactment of the bill.

ESTIMATE OF COSTS

In compliance with Clause 7 of XIII of the Rules of the House of Representatives, there is set forth below an estimate made by your Committee of the cost which would be incurred in carrying out H.R. 11021 in the current fiscal year and for each of the following fiscal years for which appropriations are authorized by the bill.

ESTIMATE OF COSTS WHICH WOULD BE INCURRED IN CARRYING OUT H.R. 11021 FOR THE AUTHORIZED DURATION OF EACH OF THE PROGRAMS

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1 In addition to program costs, the bill authorizes $1,000,000 for fiscal year 1972 and $2,000,000 for each of the 2 succeed

ing years for Federal agencies to pay necessary additional amounts for low-noise-emission products.

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NOISE CONTROL ACT OF 1972

SECTION-BY-SECTION ANALYSIS

Section 1. Short title and table of contents

This section provides that the bill may be cited as the "Noise Control Act of 1972", and contains a table of contents of the bill. Section 2. Findings and policy

This section contains a statement of congressional findings and policy. Subsection 2(a) sets forth the following findings: (1) that noise, particularly in urban areas, presents a growing danger to the public health and welfare; (2) that the major sources of noise include a variety of products that move in commerce; and (3) that the Federal Government bears a responsibility to deal with major sources of noise requiring national uniformity of treatment. Subsection 2(b) declares a Federal policy to promote an environment for all Americans free from noise that jeopardizes their health or welfare. This subsection further states that the purpose of the Act is to establish a means for effective coordination of Federal noise control programs, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public of noise emission and noise reduction characteristics of such products. Section 3. Definitions

Section 3 defines certain terms used in the bill.

(1) "Administrator" means the Administrator of the Environmental Protection Agency (EPA) who is given the primary responsibility for implementing the provisions of the bill.

(2) "Person" is defined as an individual, corporation, partnership, or association, and includes any governmental officer, employee, department, agency, or instrumentality with two exceptions in the enforcement section (section 11) "person" does not include a Federal department, agency, or instrumentality, and in the citizen suits section (section 12) the United States cannot be a plaintiff and a State cannot be a defendant in cases in which the eleventh amendment of the Constitution applies.

(3) "Product" is defined to include any manufactured article or goods or component thereof, with four general exclusions-(A) "Product" does not include aircraft, aircraft engines, propellers or appliances, as defined in section 101 of the Federal Aviation Act of 1958. (The noise characteristics of aircraft and these aircraft components are already subject to regulation under provisions of that Act, which will continue in effect subject to the amendments in section 7 of the bill, discussed below.) (B) "Product" also excludes any military weapons or equipment designed for combat use. The policy of the Act does dictate, however, that all feasible steps be taken to improve the noise characteristics of these articles. (C) "Product" further excludes equipment designed for use in experimental work performed by the National Aeronautics and Space Administration. (D) To the extent provided by regulation by the Administrator of EPA, the term also excludes certain other experimental equipment used in work performed by or for Federal agencies.

(4) "Ultimate purchaser" is defined as the first person who purchases a product for a use other than resale.

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(5) "New product" means a product the title to which has not yet been transferred to an ultimate purchaser, or which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 6 or section 8 which would have been applicable to such product had it been manufactured in the United States.

(6) "Manufacturer" means any person who manufactures or assembles new products or imports new products for resale or who acts on behalf of such a person in the distribution of new products.

(7) "Commerce" is defined as trade, traffic, commerce, or transportation, (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in (A).

(8) "Distribute in commerce" is defined as sell in, offer for sale in, or introduce or deliver for introduction into, commerce.

(9) "State" is defined to include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.

(10) "Federal agency" is defined as an executive agency (as defined in section 105 of title 5, United States Code), plus the United States Postal Service.

Section 4. Federal programs

Subsection 4(a) authorizes and directs Federal agencies to administer the programs within their control in such a manner as to further the policy of the bill to the fullest extent consistent with their existing authority.

Subsection 4(b) directs the Administrator to coordinate all Federal programs relating to noise research and control, and to assist him in exercising this responsibility, and directs Federal agencies to furnish him with such information about such programs as he may reasonably require. Further, in prescribing regulations each Federal agency must consult with the Administrator. If the Administrator at any time has reason to believe that an existing or proposed standard or regulation respecting noise does not adequately protect the public health and welfare, he may request a review and report on the advisability of revising such standard or regulation. Such a request may be published in the Federal Register, but it must be accompanied by supporting data. The requested review and report must be completed within the time specified by the Administrator, but such specified time may not be less than 90 days. The report must be published in the Federal Register with a detailed statement of the findings and conclusions. With respect to the Federal Aviation Administration, special provisions are provided in section 7, discussed below.

This subsection also directs the Administrator, on the basis of consultation with appropriate Federal agencies, to publish a periodic report covering the noise-related activities of all Federal agencies. It is intended that this report will provide a means for assessing the overall progress of Federal noise control efforts.

Section 5. Noise criteria and control technology

Section 5 gives the Administrator of EPA responsibility to develop and publish basic documents on noise and its control. Subsection 5(a) directs him to develop criteria for noise, taking into account up-todate scientific knowledge on noise effects. These criteria should make

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clear what quantities and qualities of noise are consistent with protection of the public health and welfare under differing circumstances. Subsection 5(b) directs the Administrator to publish one or more reports identifying products or classes of products which in his judgment are major sources of noise and providing information on techniques for controlling noise from such sources. Available data on technology, costs, and alternative methods of control are to be included. The first report must be published within 18 months after the bill becomes law. Subsection 5(c) directs the Administrator to review and, when appropriate, revise the criteria, noise source, and the control technology documents published under this section. Subsection 5(d) requires publication of major noise source lists in the Federal Register and announcement of each publication or revision of criteria or control technology documents in the Federal Register and release of copies thereof to the public.

Section 6. Noise emission standards for new products distributed in

commerce

Under section 6(a), the Administrator is required to propose regulations for each product which is identified in a report under section 5(b)(1) as a major noise source; for which, in his judgment, noise emission standards are feasible; and which falls in one of the following categories:

(i) Construction equipment.

(ii) Transportation equipment (including recreational hicles and related equipment).

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(iii) Any motor or engine (including any equipment of which an engine or motor is an integral part).

(iv) Electrical or electronic equipment.

The Administrator must publish initial proposed regulations not later than eighteen months after the date of enactment of the bill for any product for which regulations are required and which is identified as a major noise source on or before the date the initial proposed regulations are published. Regulations for a product for which noise regulations are required, and which is identified as a major noise source after the initial proposed noise regulations are published, must be proposed by the Administrator not later than eighteen months after the product is so identified. After proposed regulations have been published respecting a product, the Administrator is required, unless in his judgment noise emission standards are not feasible for the product, to prescribe noise regulations for such product not earlier than 6 months after publication of proposed regulations for the product and not later than 24 months after the enactment of the bill (in the case of a product subject to the initial proposed regulations) or 24 months after the product is identified as a major noise source (in the case of any other product).

Subsection 6(b) provides the Administrator with additional authority to publish proposed regulations establishing noise emission standards for products other than those for which regulations are required above, if in his judgment such standards are feasible and requisite to protect the public health and welfare. Regulations prescribing such standards may not be earlier than six months after the proposed regulations are published.

Any noise regulation prescribed under section 6 (a) or (b) (and any revision thereof) respecting a product must include a noise

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emission standard which shall set limits on noise emissions from the product and must be a standard which in the Administrator's judgment, based on criteria published under section 5, is requisite to protect the public health and welfare. In establishing a standard for a product the Administrator must give appropriate consideration to technological feasibility and economic costs, and to standards under other laws designed to safeguard the health and welfare of persons, including any standard under the National Traffic and Motor Vehicle Safety Act of 1966 or the Clean Air Act. Any noise emission standard under this section must be a performance standard. Noise regulations under this section may contain testing procedures necessary to assure compliance with the noise emission standard in the regulation, and may contain provisions respecting instructions of the manufacturer for the maintenance, use, or repair of the product. The Administrator is given broad authority to prescribe regulations appropriate to the type of product regulated, and the noise problem that it creates. Noise emission standards could apply to the performance of the product at the time of manufacture, and compliance could be ascertained by prototype testing or sampling methods, or by other testing procedures. Alternatively, if the Administrator determined that it was appropriate, the standards could apply to the performance of the product over a specified period of operation, and in such a case the Administrator could test prototypes or samples off the assembly line to determine whether the product complied with the standard over the specified period. In addition, the Administrator could issue regulations requiring that the manufacturer recommend in his maintenance instructions procedures to assure that the noise emission performance of the product would pot deteriorate unduly during the period of its use. (It should be noted, however, that under the enforcement provisions of the bill the Administrator has no authority to regulate the use of products which do not conform with his noise emission standards, or to require users to comply with maintenance instructions.)

Section 6(d) prohibits any State or political subdivision from adopting or enforcing any law or regulation which sets a limit on noise emissions from a new product for which a noise regulation has been prescribed by the Administrator under section 6, unless the non-Federal law or regulation is identical to the regulation of the Administrator. In addition, States and political subdivisions are prohibited from adopting or enforcing any law or regulation which sets a limit on noise emissions from any component incorporated by the manufacturer in a new product to which noise regulations under section 6 apply. Section 6(d) (2) makes it clear however that nothing in section 6 will diminish or enhance the rights of any State or political subdivision thereof to control, regulate, or restrict the use, operation, or movement of any product.

Section 7. Aircraft noise standards

Section 7 amends section 611 of the Federal Aviation Act of 1958, which authorizes regulation of the noise characteristics of aircraft and aircraft components, as follows:

New subsections (a), (b), (b)(2), and (c) are added; former subsection (a) is redesignated (b)(1) and amended, and the former subsections (b) and (c) are redesignated as (d) and (e), respectively.

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