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man ROGERS is to be congratulated for
expediting consideration of H.R. 11021.
I urge my colleagues to give this bill their
support.

Mr. DRINAN. Mr. Chairman, I rise in
support of H.R. 11021, the Noise Control
Act of 1972. This legislation, championed
by the very able chairmen of the Com-
mittee on Interstate and Foreign Com-
merce (Mr. STAGGERS) and that commit-
tee's Subcommittee on Public Health and
Environment (Mr. ROGERS), is a long
overdue first step toward the control of
a particularly harmful and often over-
looked form of environmental pollu-
tion-the pollution produced by noise.

The lives and livelihoods of millions
of people are affected by dangerously
high levels of noise. Forty-four million
Americans "have the utility of their
dwellings adversely affected by noise
from traffic and aircraft," in the words
of the committee report; 21 million peo-
ple are similarly affected by the noise
from construction sites. The committee
estimates that at least 80 million people
in all-a staggering 40 percent of the
Nation's total population-are affected
to a measurable degree of impact by
noise pollution.

What does this mean? It means a high-
er incidence of deafness and partial
hearing loss. It means loss of sleep, with
resulting physiological and psychological
side effects. It means damage to build-
ings and equipment. Most of all, it means
the continuing deterioration in the quali-
ty of life, and of urban life in particu-
lar-more inconvenience, more distrac-
tion, and more physical pain.

Perhaps we should separate the two

posure to high levels of noise are the
physiological effects of exposure first
manifested, and in some cases it takes
years, even decades before the effects are
felt. Second, man has shown a remark-
able tendency to adapt to high levels of
noise, to shrug off intolerable noise pol-
lution as the necessity cost of perform-
ing certain types of labor. We are left
with Leonard Woodcock's chilling con-
clusion that many men "accept the haz-
ard of hearing impairment and stress of
a noise-saturated work place as a condi-
tion of employment, out of their concern
for job security."

What is our responsibility as legisla-
tors and lawmakers? Noise abatement
programs in the past have been farcical.
In one industrial plant, for example, ear-
plugs were randomly distributed from a
large box to all workers, despite the fact
that earplugs may be useless if not prop-
erly fitted by a physician. The Federal
Government has a haphazard assortment
of noise control programs with minimal
coordination between them. It is only
recently, in fact, that noise has even
been considered a form of pollution and
given the attention it deserves.

We must impose some form of coordi-
nation on the widely dispersed Federal
programs on noise control. We must make
provisions for careful, well-conducted
research on all phases of noise pollution.
And we must find sanctions which we
can use to terminate as rapidly as possi-
ble the sources of noise pollution.

The legislation we consider today,
H.R. 11021, addresses itself admirably
to these three responsibilities of ours.
First, section 4 of the bill authorizes the

highly unfortunate. According to an ar-
ticle in the Washington Star on October
12, 1971, the FAA has already decided to
let representatives of the air transport
industry write their own regulations.
Again I say, this is most unfortunate. I
would prefer to see the EPA retain its
veto power, and I fail to see why the air-
line industry merits special considera-
tion in the drafting of antinoise regula-
tions.

Nevertheless, my reservations on this
section do not override my enthusiasm
for the bill as a whole. I emphasize, Mr.
Chairman, that the provisions included
in H.R. 11021 are long overdue. The bill
is comprehensive, manageable, and well-
designed. I urge its passage.

Mr. FRASER. Mr. Chairman, this is
excellent legislation which I am happy
to support, but it needs some modifica-
tion to meet the incessant roar and
rumble of jet aircraft.

The Federal Aviation Administra-
tion-FAA-has failed in the task
assigned it by Congress 3 years ago—
to quiet the noise of jet aircraft operat-
ing in and out of our Nation's airports.
A major share of this responsibility
should now be turned over to the En-
vironmental Protection Agency, which
has been created since we first asked the
FAA to act. The facts are that the FAA
has apparently felt its responsibility to
promote aviation and license aircraft and
insure safe flight has priority over its
responsibility to the public in the ap-
proaches to airports. I support the
Wydler amendments to bring the EPA
into the aircraft noise picture.

In addition, amendments by the gentle

component parts of noise pollution.
There is, first of all, community noise-
the roar of a diesel truck, the shriek of
a jet plane overhead, the blast from a
stereo recordplayer. Each and every one
of us can think back on instances when
a loud noise broke our concentration or
limited our ability to function, when
noise did not threaten our health so
much as it annoyed or inconvenienced
us. According to the Department of
Health, Education, and Welfare, the so-
called annoyance trend of noise pollution
is rapidly increasing, from 23 percent of
the population who complained about
the noise of city living in 1948, to 50
percent in 1961, to almost 100 percent
today.

There is also "industrial noise"-the
often overpowering noise conditions un-
der which many of the nation's plant and
factory workers operate. Leonard Wood-
cock drew this memorable picture of
working in a drop-forge plant:

It is impossible to describe to anyone who
has not seen such an operation the stress of
noise and heat inflicted on the men whose
bodies shake and sweat and bounce with the
floor as the hammers. descend into the hot
metal.

Noise pollution, then, has two effects:
It annoys people off the job, and poses
a serious health and life threat to those
on the job in certain industries. The
problem is compounded by two curious
properties of noise which make it unique
among pollutants. First, its effects tend
to be delayed. Only after prolonged ex-

Administrator of the Environmental
Protection Agency to coordinate the ef-
forts of all Federal agencies in the area
of noise research and control. Second,
section 14 provides for research and pub-
lic information programs, for which the
sum of $750,000 is allocated.

Third and most important, there are
strong noise emission standards outlined
in this bill, although, as I shall indicate
shortly, they are not as strong as I would
like them to be. Section 6 gives the EPA
Administrator broad power to set and
enforce noise emission standards. Sec-
tion 8 requires the Administrator to is-
sue regulations for the labeling of any
product which emits a potentially dam-
aging amount of noise. Other sections
provide for citizens' suits, compliance
regulations, and strict enforcement pro-
visions.

I am extremely reluctant, however, to
endorse section 7 of the bill, providing
for privileged status for the Federal
the
Aviation Administration. Under
terms of this section, the FAA must con-
Isult with the EPA and the Secretary of
Transportation, then draw up standards
for aircraft noise and sonic booms which

are incorporated in the regulations
under this bill. In the original version of
this legislation the EPA had veto power
over the FAA-drafted standards, but in
this bill it has been stripped of that
power.

In view of the FAA's history of being
dominated by the very industry it is sup-
posed to regulate, I consider this change

man from New York (Mr. ROSENTHAL)
deserve support. Tht first would set up a
commission to study the question of cur-
fews on nonmilitary aircraft during nor-
mal sleeping hours. Many large airports
in other countries have turned to this
idea. Heathrow Airport, London, Eng-
land, will have a complete ban on take-
offs between 11:30 p.m. and 6 a.m. Frank-
furt, Germany, is considering a ban on
night takeoffs of jets. Jets are prohibited
from Tokyo and Osaka airports between
11 p.m. and 6 a.m. with the exception of
mailplanes. Let us adopt the amendment
to give this proposal active study. It may
be the only way to let people have a
decent night's sleep.

The second amndment would prohibit
civilian planes from making sonic booms
in U.S. airspace. This action is needed
now before the arrival of supersonic
transports from the Soviet Union or
Western Europe. The Noise Control Act
of 1972 must prevent sonic booms.

Mr. STAGGERS. Mr. Chairman, we
have no further requests for time.

The CHAIRMAN. Pursuant to the rule,
the Clerk will now read the substitute
committee amendment printed in the re-
ported bill as an original bill for the

purpose of amendment.

The Clerk read as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. This Act, including the follow-
ing table of contents, may be cited as the
"Noise Control Act of 1972".

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FINDINGS AND POLICY

SEC. 2. (a) The Congress finds

(1) that inadequately controlled noise
presents a growing danger to the health and
welfare of the Nation's population, particu-
larly in urban areas;

(2) that the major sources of noise include
transportation vehicles and equipment, ma-
chinery, appliances, and other products in
commerce; and

(3) that, while primary responsibility for
control of noise rests with State and local
governments, Federal action is essential to
deal with major noise sources in commerce
control of which require national uniformity
of treatment.

(b) The Congress declares that it is the
policy of the United States to promote an
environment for all Americans free from noise
that jeopardizes their health or welfare. To
that end, it is the purpose of this Act to
establish a means for effective coordination
of Federal research and activities in noise

ed 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 appli-
cable to such product had it been manufac-
tured in the United States.

(6) The term "manufacturer" means any
person engaged in the manufacturing or as-
sembling of new products, or the importing
of new products for resale, or who acts for,
and is controlled by, any such person in con-
nection with the distribution of such pro-
ducts.

(7) The term "commerce" means 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 subparagraph
(A).

(8) The term "distribute in commerce"
means sell in, offer for sale in, or introduce
or deliver for introduction into, commerce.

(9) The term "State" includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa,
Guam, and the Trust Territory of the Pa-
cific Islands.

(10) The term "Federal agency" means an
executive agency (as defined in section 105
of title 5, United States Code) and includes
the United States Postal Service.

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IDENTIFICATION OF MAJOR NOISE SOURCES;
NOISE CRITERIA AND CONTROL TECHNOLOGY
SEC. 5. (a) The Administrator shall, after
consultation with appropriate Federal agen-
cies, develop and publish criteria with respect
to noise. Such criteria shall reflect the scien-
tific knowledge most useful in indicating
the kind and etxent of all identifiable effects
on the public health or welfare which may
be expected from differing quantities and
qualities of noise.

(b) The Administrator shall, after con-
sultation with appropriate Federal agencies,
compile and publish a report or series of re-
ports (1) identifying products (or classes of
products) which in his judgment are major
sources of noise, and (2) giving information
on techniques for control of noise from such
products, including available data on the
technology, costs, and alternative methods of
noise control. The first such report shall be
published not later than eighteen months
after the date of enactment of this Act.

(c) The Administrator shall from time
to time review and, as appropriate, revise or
supplement any criteria or reports published
under this section.

(d) Any report (or revision thereof) under
subsection (b)(1) identifying major noise
sources shall be published in the Federal
Register. The publication or revision under
this section of any criteria or information on
control techniques shall be announced in
the Federal Register, and copies shall be
made available to the general public.

NOISE EMISSION STANDARDS FOR PRODUCTS
DISTRIBUTED IN COMMERCE

SEC. 6. (a) (1) The Administrator shall pub-
lish proposed regulations, meeting the re-
quirements of subsection (c), for each prod-
uct-

(A) which is identified (or is part of a
class identified) in any report published un-
der section 5(b) (2) as a major source of
noise,

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SEC. 3. For purposes of this Act:

(1) The term "Administrator" means the
Administrator of the Environmental Protec-
tion Agency.

(2) The term "person" means an individual
corporation, partnership, or association, and
(except as provided in sections 11(d) and
12(a)) includes any officer, employee, de-
partment, agency, or instrumentality of the
United States, a State, or any political sub-
division of a State.

(3) The term "product" means any manu-
factured article or goods or component
thereof; except that such term does not
include-

(A) any aircraft, aircraft engine, propeller,
or appliance, as such terms are defined in sec-
tion 101 of the Federal Aviation Act of 1958;

or

(B) (i) any military weapons or equipment
which are designed for combat use; (ii) any
rockets or equipment which are designed for
research, experimental, or developmental
work to be performed by the National Aero-
nautics and Space Administration; or (iii)
to the extent provided by regulations of the
Administrator, any other machinery or
equipment designed for use in experimental
work done by or for the Federal Government.
(4) The term "ultimate purchaser” means
the first person who in good faith purchases
a product for purposes other than resale.

(5) The term "new product" means (A) a
product the equitable or legal title of which
has never been transferred to an ultimate
purchaser, or (B) a product which is import-

may reasonably require to determine the
nature, scope, and results of the noise-re-
search and noise-control programs of the
agency.

(2) Each Federal agency shall consult with
the Administrator in prescribing standards
or regulations respecting noise. If at any
time the Administrator has reason to believe
that a standard or regulation, or any pro-
posed standard or regulation, of any Federal
agency respecting noise does not protect the
public health and welfare to the extent he
believes to be required and feasible, he may
request such agency to review and report to
him on the advisability of revising such
standard or regulation to provide such pro-
tection. Any such request may be published
in the Federal Register and shall be accom-
panied by a detailed statement of the in-
formation on which it is based. Such agency
shall complete the requested review and re-
port to the Administrator within such time
as the Administrator specifies in the request,
but such time specified may not be less than
ninety days from the date the request was
made. The report shall be published in the
Federal Register and shall be accompanied
by a detailed statement of the findings and
conclusions of the agency respecting the
revision of its standard or regulation. With
respect to the Federal Aviation Administra-
tion, section 611 of the Federal Aviation Act
of 1958 (as amended by section 7 of this
Act) shall apply in lieu of this paragraph.

(3) On the basis of regular consultation
with appropriate Federal agencies, the Ad-
ministrator shall compile and publish, from
time to time, a report on the status and
progress of Federal activities relating to noise
research and noise control. This report shall
describe the noise-control programs of each
Federal agency and assess the contributions
of those programs to the Federal Govern-
ment's overall efforts to control noise.

(B) for which, in his judgment, noise emission standards are feasible, and

(C) which falls in one of the following categories:

(i) Construction equipment.

(ii) Transportation equipment (includ-
ing recreational vehicles and related equip-
ment).

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

(iv) Electrical or electronic equipment.

(2) (A) Initial proposed regulations under
paragraph (1) shall be published not later
than eighteen months after the date of
enactment of this Act, and shall apply to any
product described in paragraph (1) which.
is identified (or is a part of a class identified
as a major source of noise in any report pub-
lished under section 5(b) (1) on or before the
date of publication of such initial proposed
regulations.

(B) In the case of any product described
in paragraph (1) which is identified (or is
part of a class identified) as a major source
of noise in a report published under section
5(b) (1) after publication of the initial pro-
posed regulations under subparagraph (A)
of this paragraph, regulations under para-
graph (1) for such product shall be proposed
and published by the Administrator not later
than eighteen months after such report is
published.

(3) After proposed regulations respecting
a product have been published under para-
graph (2), the Administrator shall, unless in
his judgment noise emission standards are
not feasible for such product, prescribe reg-
ulations, meeting the requirements of sub-
section (c), for such product-

(A) not earlier than six months after pub-
lication of such proposed regulations, and
(B) not later than-

(i) twenty-four months after the date of
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enactment of this Act, in the case of a prod-
uct subject to proposed regulations pub-
lished under paragraph (2) (A), or

(ii) in the case of any other product,
twenty-four months after the publication of
the report under section 5(b)(1) identifying
it (or a class of products of which it is a
part) as a major source of noise.

(b) The Administrator may publish pro-
posed regulations, meeting the requirements
of subsection (c), for any product for which
he is not required by subsection (a) to pre-
scribe regulations but for which, in his judg-
ment, noise emission standards are feasible
and are requisite to protect the public
health and welfare. Not earlier than six
months after the date of publication of such
proposed regulations respecting such prod-
uct, he may prescribe regulations, meeting
the requirements of subsection (c), for such
product.

(c) (1) Any regulation prescribed under
subsection (a) or (b) of this section (and
any revision thereof) respecting a product
shall include a noise emission standard
which shall set limits on noise emissions
from such product and shall 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 such a standard for
any product, the Administrator shall give
appropriate consideration to technological
feasibility and economic costs, and to stand-
ards under other laws designed to safeguard
the health and welfare of persons, including
any standards under the National Traffic and
Motor Vehicle Safety Act of 1966 and the
Clean Car Act. Any such noise emission
standard shall be a performance standard.
In addition, any regulation under subsection
(a) or (b) (and any revision thereof) may
contain testing procedures necessary to as-
sure compliance with the emission standard
in such regulation, and may contain provi-
sions respecting instructions of the manu-

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"SEC. 611. (a) For purposes of this section:
"(1) The term 'FAA' means Administrator
of the Federal Aviation Administration.

"(2) The term 'EPA' means the Adminis-
trator of the Environmental Protection
Agency.

"(b) (1) In order to afford present and fu-
true relief and protection to the public from
unnecessary aircraft noise and sonic boom,
the FAA, after consultation with the Secre-
tary of Transportation and with EPA, shall
prescribe and amend standards for the mea-
surement of aircraft noise and sonic boom
and shall prescribe and amend such regula-
tions as the FAA may find necessary to pro-
vide for the control and abatement of air-
craft noise and sonic boom, including the
application of such standards and regulations
in the issuance, amendment, modification,
suspension, or revocation of any certificate
authorized by this title. No exemption with
respect to any standard or regulation un-
der this section may be granted under any
provision of this Act unless the FAA shall
have consulted with EPA before such exemp-
tion is granted, except that if the FAA deter-
mines that aviation safety requires that such
an exemption be granted before EPA can be
consulted, the FAA shall consult with EPA
as soon as practicable after the exemption
is granted.

“(2) The FAA shall not issue an original
type certificate under section 603 (a) of this
Act for any aircraft for which substantial
noise abatement can be achieved by pre-
scribing standards and regulations in accord-
ance with this section, unless he shall have
prescribed standards and regulations in ac-
cordance with this section which apply to
such aircraft and which protect the public
from aircraft noise and sonic boom, con-
sistent with the considerations listed in sub-
section (d).

"(c) (1) If at any time EPA has reason to

to be filed under such section 102 (2) (C), the
report of the FAA indicates that the revision
(if any) proposed by EPA should not be
made, then EPA may request the FAA to file
a supplemental report, which shall be pub-
lished in the Federal Register within such
a period as EPA may specify (but such
time specified shall not be less than ninety
days from the date the request was made),
and which shall contain a comparison of
(A) the environmental effects (including
those which cannot be avoided) of the ex-
isting (or proposed) standard or regulation
of the FAA (or exemption therefrom) and
(B) EPA's proposed revision.

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"(3) If, in the case of an action of the
FAA described in paragraph (1)(B) of this
subsection with respect to which no state-
ment is required to be filed under such sec-
tion 102(2)(C), the report of the FAA states
that issuance of an original type certificate
should not be preceded by issuance of a
'noise standard and regulation, the FAA
shall, upon request of EPA, file a statement
(of the type described in such section 102
(2)(C)) with respect to the issuance of such
certificate. The requirements of such sec-
tion 102 (2) (C) relating to consultation, ob-
taining comments, and the availability of
statements made pursuant to such section
shall apply to any statement filed under the
preceding sentence.

"(d) In prescribing and amending stand-
ards and regulations under this section, the
FAA shall-

"(1) consider relevant available data re-
lating to aircraft noise and sonic boom, in-
cluding the results of research, development,
testing, and evaluation activities conducted
pursuant to this Act and the Department of
Transportation Act;

"(2) consult with such Federal, State, and
interstate agencies as he deems appropriate;

"(3) consider whether any proposed stand-
ard or regulation is consistent with the high-
est degree of safety in air commerce or air

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