with the notification necessary for the purposes of subsection (a) of this section.

"(c) In order to implement the purposes
and policy of this Act, the President shall,
not more than one hundred and eighty days
after its enactment, cause to be issued an
order (1) requiring each Federal agency
authorized to enter into contracts and each
Federal agency which is empowered to ex-
tend Federal assistance by way of grant, loan,
or contract to effectuate the purposes and
policy of this Act in such contracting or
assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such
other provisions, as the President determines
necessary to carry out such requirement.

"(d) The President may exempt any con-
tract, loan, or grant from all or part of the
provisions of this section where he deter-
mines such exemption is necessary in the
paramount interest of the United States,
and he shall notify the Congress of such
exemption.
"GRANTS FOR SUPPORT OF ENVIRONMENTAL

NOISE PLANNING AND CONTROL PROGRAMS

"SEC. 418. (a)(1). The Administrator may
make grants to environmental noise con-
trol agencies in an amount up to two-thirds
of the cost of planning, developing, estab-
lishing, or improving, and up to one-half of
the cost of maintaining programs for the
prevention and control of environmental
noise.

"(2) Before approving any grant under
this subsection to any environmental noise
control agency within the meaning of sec-
tions 404 (k) (3) and 404 (k) (4) of this Act,
the Administrator (when appropriate) shall
receive assurances that such agency pro-
vides for adequate representation of State,
interstate, local, and international interests
in its area of jurisdiction. Before approv-
ing any grant under this subsection the Ad-
ministrator shall determine that the re-
cipient is the appropriate environmental

time to time make grants to environmental
noise control agencies upon such terms and
conditions as the Administrator may find
necessary to carry out the purposes of this
section. In establishing regulations for the
granting of such funds the Administrator
shall, so far as practicable, give due con-
sideration to (1) the population, (2) the
extent of the actual or potential environ-
mental noise problem, and (3) the finan-
cial need of the respective agencies. No
agency shall receive any grant under this
section with respect to the maintenance of
a program for the prevention and control
of environmental noise unless the Adminis-
trator is satisfied that such grant will be
so used as to supplement and, to the extent
practicable, increase the level of State, local,
or other non-Federal funds that would in the
absence of such grant be made available for
the maintenance of such program, and will
in no event supplant such State, local, or
other non-Federal funds. No grant shall be
made under this section until the Admin-
istrator has consulted with the appropriate
official as designated by the Governor or
Governors of the State or States affected.

"(c) Not more than 10 per centum of the
total funds appropriated or allocated for the
purposes of subsection (a) of this section
shall be granted for environmental noise
control programs in any one State. In the
case of a grant for a program in an area
crossing State boundaries, the Administrator
shall determine the portion of such grant
that is chargeable to the percentage 'limita-
tion under this subsection for each State
into which such area extends.

"(d) The Administrator, with the concur-
rence of any recipient of a grant under this
section, may reduce the payments to such
recipient by the amount of the pay, allow-
ances, traveling expenses, and any other
costs in connection with the detail of any
officer or employee to the recipient under
section 403 (c) of this Act, when such detail

has been filed in accordance with paragraph (5) (A) of this subsection;

"(B) which is a low-noise-emission prod-
uct as determined by the Administrator; and
"(C) which he determines is suitable for
use as a substitute for a type of product at
that time in use by agencies of the Federal
Government.

"(3) The Administrator may establish a
Low-Noise-Emission Product Advisory Com-
mittee to assist him in determining which
products qualify as low-noise-emission prod-
ucts for purposes of this section. The Com-
mittee shall include the Administrator or his
designee, a representative of the National
Bureau of Standards, and representatives of
such other Federal agencies and private in-
dividuals as the Administrator may deem
necessary from time to time. Any member
of the Committee not employed on a full-
time basis by the United States may receive
the daily equivalent of the annual rate of
basic pay in effect for grade GS-18 of the
General Schedule for each day such member
is engaged upon work of the Committee. Each
member of the Committee shall be reim-
bursed for travel expenses, including per
diem in lieu of subsistence as authorized by
section 5703 of title 5, United States Code,
for persons in the Government service em-
ployed intermittently.

"(4) Certification under this section shall
be effective for a period of one year from the
date of issuance.

“(5) (A) Any person seeking to have a class
or model of product certified under this sec-
tion shall file a certification application in
accordance with regulations prescribed by
the Administrator.

"(B) The Administrator shall publish in
the Federal Register a notice of each ap-
plication received.

"(C) The Administrator shall make deter-
minations for the purpose of this section
in accordance with procedures prescribed
by him by regulation.

noise control agency for the jurisdictions in-
volved in order to minimize overlap and
duplication of effort.

"(3) Before approving any planning grant
under this subsection to any environmental
noise control agency within the meaning of
sections 404(k)(3) and 404 (k) (4) of this
Act, the Administrator. shall receive assur-
ances that such agency has the capability of
developing and enforcing a comprehensive
environmental noise control plan.

"(4) Before approving any grant for pur-
poses other than developing a program under
this section to any environmental noise con-
trol agency within the meaning of section
404 of this Act, the Administrator shall de-
termine that such agency has the author-
ity-

"(A) to regulate the location, modifica-
tion, and construction of any facilities with-
in the area of jurisdiction of such agency
which may result in the generation of en-
vironmental noise; and

"(B) to assure that the use of any product
in the area of jurisdiction of such agency
will not exceed applicable noise control
levels;

"(C) to (i) identify, if appropriate, sources
of environmental noise within the jurisdic-
tion of such agencies, and (ii) set forth pro-
cedures, processes, and methods (including
land use requirements and design and con-
struction standards) to control such sources
to the extent feasible;

"(D) to acquire, maintain, and operate
noise monitoring facilities in the field and
otherwise, making public reports of noise
emissions and levels of environmental noise
disclosed by such monitoring, which reports
shall be related to any applicable standards
or limitations; and

"(E) to issue abatement orders.

"(b) From the sums available for the purposes of subsection (a) of this section for any fiscal year, the Administrator shall from

is for the convenience of, and at the request
of, such recipient and for the purposes of
carrying out the provisions of this Act. The
amount by which such payments have been
reduced shall be available for payment of
such costs by the Administrator, but shall,
for the purpose of determining the amount
of any grant to a recipient under subsec-
tion (a) of this section, be deemed to have
been paid to such agency.

"(e) There is authorized to be appropri-
ated for this section $5,000,000 for fiscal year
ending June 30, 1973, $7,500,000 for the fiscal
year ending June 30, 1974, and $10,000,000
for the fiscal year ending June 30, 1975.

"DEVELOPMENT OF LOW-NOISE-EMISSION

"(2) The term 'Federal Government' in-
cludes the legislative, executive, and judi-
cial branches of the Government of the
United States, and the government of the
District of Columbia.

"(3) The term 'low-noise-emission product'
means any product which emits noise in
amounts significantly below the levels of oth-
er products in the competitive market for
such product at the time of procurement.

"(4) The term 'retail price' means (A) the
maximum statutory price applicable to any
type of product; or (B) in any case where
there is no applicable maximum statutory
price, the most recent procurement price paid
for any type of product.

"(b) (1) The Administrator shall deter-
mine which products qualify as low-noise-
emission products in accordance with the
provisions of this section.

"(2) The Administrator shall certify any
product-

"(A) for which a certification application

"(D) The Administrator shall conduct
whatever investigation is necessary, includ-
ing actual inspection of the product at a
place designated in regulations prescribed
under subparagraph (A).

"(E) The Administrator shall receive and
evaluate written comments and documents
from interested persons in support of, or in
opposition to, certification of the class or
model of product under consideration.

"(F) Within ninety days after the receipt
of a properly filed certification application
the Administrator shall determine whether
such product is a low-noise-emission product
for purposes of this section. If the Adminis-
trator determines that such product is a low-
noise-emission product, then within one hun-
dred and eighty days of such determination
the Administrator shall reach a decision as
to whether such product is a suitable sub-
stitute for any class or classes of products
presently being purchased by the Federal
Government for use by its agencies.

"(G) Immediately upon making any de-
termination or decision under subparagraph
(F), the Administrator shall publish in the
Federal Register notice of such determina-
tion or decision, including reasons therefor.
"(c) (1) Certified low-noise-emission pro-
ducts shall be acquired by purchase or lease
by the Federal Government for use by the
Federal Government in lieu of other products
if the Administrator of General Services de-
termines that such certified products have
procurement costs which are no more than
125 per centum of the retail price of the least
expensive type of product for which they are
certified substitutes.

"(2) Data relied upon by the Administrator
in determining that a product is a certified
low-noise-emission product shall be incorpo-
rated in any contract for the procurement of
such product.

"(d) The procuring agency shall be re-
quired to purchase available certified low-
[p. S18012]

noise-emission products which are eligible
for purchase to the extent they are available
before purchasing any other products for
which any low-noise-emission product is a
certified substitute. In making purchasing
selections between competing eligible certi-
fied low-noise-emission products, the pro-
curing agency shall give priority to any class
or model which does not require extensive
periodic maintenance to retain its low-noise-
emission qualities or which does not involve
operating costs significantly in excess of those
products for which it is a certified substitute.

"(e) For the purpose of procuring certified
low-noise-emission products any statutory
price limitations shall be waived.

“(f) The Administrator shall, from time to
time as he deems appropriate, test the emis-
sions of noise from certified low-noise-emis-
sion products purchased by the Federal Gov-
ernment. If at the time of purchase he finds
that the noise-emission levels exceed the
levels on which certification under this sec-
tion was based, the Administrator shall give
the supplier of such product written notice of
this finding, issue public notice of it, and
give the supplier an opportunity to make
necessary repairs, adjustments, or replace-
ments. If no such repairs, adjustments, or
replacements are made within a period to be
set by the Administrator, he may order the
supplier to show cause why the product
involved should be eligible for recertification.

"(g) There are authorized to be appro-
priated for paying additional amounts for
products pursuant to, and for carrying out
the provisions of, this section, $1,000,000 for
the fiscal year ending June 30, 1973, and $2,-
000,000 for each of the two succeeding fiscal
years.

"(h) The Administrator shall promulgate
the procedures required to implement this
section within one hundred and eighty days
after the date of enactment of this section.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 420. There are authorized to be ap-

Federal Aviation Administration has deter-
mined that such regulations are consistent
with the highest degree of safety in air com-
merce and that any proposed standard, rule,
or regulation has been demonstrated to be
technologically available for application to
types of aircraft, aircraft engine, appliance,
or certificate to which it will apply.

"(2) All standards, rules, and regulations
prescribed pursuant to section 611 of the Fed-
eral Aviation Act, as amended, prior to
the date of enactment of the Environmental
Noise Control Act of 1972 shall remain in
effect until amended or revoked by subse-
quent standards, rules, or regulations pro-
mulgated and approved pursuant to this
part: Provided, however, That the Adminis-
trator of the Environmental Protection
Agency, within nine months of the date of
enactment of this Act, shall review all noise
emission standards, rules, or regulations in
effect under section 611 of the Federal Avia-
tion Act, as amended, prior to the date of
enactment of the title.

"(c) Each Federal agency with regulatory
authority over air commerce, aircraft or
airport operations, or aircraft noise emissions,
shall exercise such regulatory authority so
as to reduce noise in airport environments
and surrounding areas.

"SEC. 502. (a) The Administrator of the
Environmental Protection Agency, after con-
sultation with appropriate Federal, State, and
local agencies and interested persons, shall
conduct a study of the (a) adequacy of Fed-
eral Aviation Administration flight and op-
erational noise controls; (b) adequacy of
noise emission standards on new and exist-
ing aircraft, together with recommendations
on the retrofitting and phaseout of existing
aircraft; (c) implications of identifying and
achieving levels of cumulative noise exposure
around airports; and (d) additional meas-
ures available to airport operators and local
governments to control aircraft noise. He
shall report on such study to the Committee

powers and duties vested in him under this section.

"(b) In any action to amend, modify,
suspend, or revoke a certificate in which vio-
lation of aircraft noise or sonic boom stand-
ards, rules, or regulations applied to aircraft
or aircraft engines existing on the date of
enactment of the Environmental Noise Con-
trol Act of 1972, is at issue, the certificate
holder shall have the same notice and appeal
rights as are contained in section 609 of the
Federal Aviation Act, as amended, except
that in any appeal to the National Trans-
portation Safety Board, the Board may
amend, modify, or revoke the order of the
Secretary of Transportation only if it finds
no violation of such standards, rules, or regu-
lations, and that such amendment, modifica-
tion, or revocation by the Board is consist-
ent with safety in air transportation.

"SEC. 504. The Administrator of the Fed-
eral Aviation Administration shall not issue
a type certificate under section 603 (a) of the
Federal Aviation Act, as amended, for any
aircraft, or for any aircraft engine, propeller,
or appliance that affects significantly the
noise or sonic boom characteristics of any
aircraft, unless such type certificates apply
all of the standards promulgated by the Ad-
ministrator of the Environmental Protection
Agency prior to the date of issuance of such
certificates.

"SEC. 505. No State or political subdivision
thereof may adopt or enforce any standard
respecting noise emissions from any air-
craft or engine thereof.

"SEC. 506. Terms used in this part (other
than Administrator) shall have the same
meaning as such terms have under section
101 of the Federal Aviation Act of 1958, as
amended. Notwithstanding any other pro-
vision of this Act, the sole authority to estab-
lish aircraft noise emission standards is con-
tained in part A of this title.

"CIVIL AIRCRAFT SONIC BOOM

"SEC. 507. (a) No person may operate a civil

propriated to carry out this Act (other than sections 418 and 419) $18,000,000 for the fiscal year ending June 30, 1973; $36,000,000 for the fiscal year ending June 30, 1974; and $50,000,000 for the fiscal year ending June 30, 1975."

SEC. 3. The Clean Air Act is amended to add
a new title V as follows:

"TITLE V-MAJOR MOVING SOURCES
"PART A-CONTROL AND ABATEMENT OF
AIRCRAFT NOISE AND SONIC BOOM
"SEC. 501. (a) In order to afford present
and future relief and provide protection to
public health and welfare from aircraft noise
and sonic boom-

"(1) the Administrator of the Environ-
mental Protection Agency, after consulta-
tion with the Administrator of the Federal
Aviation Administration, shall promulgate
and amend standards for the measurement of
aircraft and aircraft engine noise and sonic
boom; and

"(2) the Administrator of the Environ-
mental Protection Agency shall promulgate
and amend regulations with respect to noise
emission standard for aircraft and aircraft
engines which he determines are necessary
and adequate to protect the public health
and welfare with an adequate margin of
safety.

"(b) (1) Any regulations under this section
or amendments thereof, with respect to noise
emissions from types of aircraft or aircraft
engines, shall reflect the degree of noise re-
duction achievable through the application
of the best available demonstrated tech-
nology, taking into account the reasonable-
ness of the cost of compliance and the de-
monstrable public benefit that will result, as
determined by the Administrator of the Envi-
ronmental Protection Agency after consulta-
tion with the Administrator of the Federal
Aviation Administration and shall not be
promulgated until the Administrator of the

on Interstate and Foreign Commerce of the
House of Representatives and the Commit-
tees on Commerce and Public Works of the
Senate within one year after enactment of
this title.

"(b) The Secretary of Transportation,
after consultation with the appropriate Fed-
eral, State, and local agencies and interested
individuals, shall conduct a study of the
means of financing the retrofitting of exist-
ing jet aircraft (excluding aircraft owned or
operated by any military agency) in order
to carry out the purposes of this part, and
shall make recommendations, taking into
consideration what is economically reason-
able, technologically practicable, and appro-
priate for the types of aircraft and aircraft
engines to which the recommendations will
apply. He shall report on such study to the
Committees on Interstate and Foreign Com-
merce, and Ways and Means of the House of
Representatives, and the Committees on
Commerce, Finance, and Public Works of the
Senate by July 1, 1973, together with his
recommendations for whatever legislation
may be required.

"SEC. 503. (a) The Secretary of Transpor-
tation, after consultation with the Adminis-
trator of the Environmental Protection
Agency, shall promulgate regulations to in-
sure compliance with all standards promul-
gated by the Administrator under section 501
of this Act. The regulations of the Secretary
of Transportation shall include provisions
making such standards respecting noise
emissions from any type of aircraft appli-
cable in the issuance, amendment, modifica-
tion, suspension, or revocation of any cer-
tificate authorized by the Federal Aviation
Act, as amended, or the Department of
Transportation Act, as amended. Such Secre-
tary shall insure that all necessary inspec-
tions are accomplished, and may execute any
power or duty vested in him by any other
provision of law in the execution of all

aircraft over the territory of the United
States, the territorial sea of the United
States, or the waters of the contiguous zone
(as defined under Article 24 of the Conser-
vation of the Territorial Sea and the Con-
tiguous Zone) at a true flight mach number
greater than 1 except in compliance with
the conditions and limitations in an au-
thorization to exceed mach 1 issued to the
operator under this section.

"(b) For a research and development flight
in a designated flight test area an authori-
zation to exceed mach 1 may be issued if the
applicant shows one or more of the fol-
lowing:

"(1) The flight is necessary to show com-
pliance with an airworthiness regulation or
is necessary for aircraft development.

"(2) The flight is necessary to determine
the sonic boom characteristics of the air-
plane, or is necessary to establish means of
reducing or eliminating the effects of sonic
boom.

"(3) The flight is necessary to demonstrate
the conditions and limitations under which
speeds greater than a true flight mach num-
ber of 1 will not cause a sonic boom to
reach the land or water surface of the earth.

"(c) An application for an authorization
to exceed mach 1 must be made on a form
and in a manner prescribed by the Federal
Aviation Administrator in consultation with
the Administrator of the Environmental Pro-
tection Agency. In addition, for an authori-
zation covered by subsection (b) of this sec-
tion, each application must contain-

"(1) information showing that operation
at speeds greater than mach 1 is necessary
to accomplish one of the purposes specified
in subsection (b) of this section;

"(2) a description of the flight test area
proposed by the applicant; and

"(3) conditions and limitations that insure that no sonic boom will reach the land

[p. S18013]

SEC. 4. There is hereby authorized to be
transferred to the Administrator any func-
ction or personnel of the Department of
Transportation with respect to the control
and abatement of aircraft noise which the
President determines is necessary to carry
out section 3 of this Act.

Mr. TUNNEY. Mr. President, I move to
reconsider the vote by which the bill was
passed.

Mr. MANSFIELD. I move to lay that
motion on the table.

The motion to lay on the table was agreed to. [p. S18014]