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".
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.
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,
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;
(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 [p. H1524]
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-
"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.
"(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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