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"(d) Any regulation or revision thereof
promulgated under this section shall take ef-
fect after such period as the Administrator
finds necessary, after consultation with the
Secretary of Transportation, to permit the
development and application of the requisite
technology, giving appropriate consideration
to the cost of compliance within such period.

"SEC. 512. The Secretary of Transportation,
after con ltation with the Administrator,
shall promulgate regulations to insure com-
pliance with all standards promulgated by
the Administrator under section 511 of this
Act. The Secretary of Transportation shall
carry out such regulations through the use
of his powers and duties of enforcement and
inspection authorized by the Safety Appli-
ance Acts, the Interstate Commerce Act, and
the Department of Transportation Act. Reg-
ulations promulgated under this section and
section 511 of this part shall be subject to
the provisions of sections 411, 412, 413, 415,
and 416 of this Act.

"SEC. 513. Notwithstanding any other provision of this Act, after the effective date of regulations under this part, no State or political subdivision thereof may adopt or enforce any standard respecting noise emissions resulting from the operation of equip ́ment or facilities of surface carriers engaged

gate final regulations. Such regulations may be revised from time to time, in accordance with this section.

"(c) Any standard or regulation, or revi-
sion thereof, proposed under this section
shall be promulgated only after consultation
with the Secretary of Transportation in or-
der to assure appropriate consideration for
safety and technological availability.

"(d) Any regulation or revision thereof
promulgated under this section shall take
effect af such period as the Administra-
tor finds necessary, after consultation with
the Secretary of Transportation, to permit
the development and application of the
requisite technology, giving appropriate con-
sideration to the cost of compliance within
such period.

"SEC. 522. The Secretary of Transportation,
after consultation with the Administrator
shall promulgate regulations to insure com-
pliance with all standards promulgated by
the Administrator under section 521 of this
part. The Secretary of Transportation shall
carry out such regulations through the use
of his powers and duties of enforcement and
inspection authorized by the Interstate Com-
merce Act and the Department of Transpor-
tation Act. Regulations promulgated under
this section and section 521 of this part shall
be subject to the provisions of sections 411,
412, 413, 415, and 416 of this Act.

"SEC. 523. Notwithstanding any other pro-
vision of this Act, after the effective date of
regulations under this part no State or po-
litical subdivision thereof may adopt or en-
force any standard respecting noise emis-
sions resulting from the operation of motor
carriers engaged in interstate commerce un-
less such standard is identical to a stand-
ard applicable to noise emissions resulting
from such operation prescribed by any regu-
lation under this section: Provided, however,
That nothing in this section shall diminish
or enhance the rights of any State or polit-

1.4a (3) (d) Oct. 18: House concurred in Senate amendment, with an amendment, pp. H10261-H10262, H10287-H10300

ENVIRONMENTAL NOISE CONTROL ACT OF 1972

Mr. STAGGERS. Mr. Speaker, I ask unanimous consent to take from the Speaker's desk the bill (H.R. 11021) to control the emission of noise detrimental to the human environment, and for other purposes, with a Senate amendment thereto, and consider the Senate amendment.

[p. H10261]

The Clerk read the title of the bill. The SPEAKER. Is there objection to the request of the gentleman from West Virginia?

n

Mr. HALL. Mr. Speaker, reserving the right to object, this bill, as the Members well recognize, is the Environmental Noise Control Act of 1972, to which I objected yesterday, principally on the basis of protest against the procedural press of year-end legislation. Since then and immediately thereafter I have been importuned by the distinguished gentleman, the chairman of the Committee Interstate and Foreign Commerce, and many people across the length and breadth of the Nation, to withdraw my objection. I well know their fears of more stringent regulation in 1973, but rather than acceptance, now, I believe they will gain amelioration in the committee's mature deliberation. In principle I am against Federal preemption of State rights.

Mr. Speaker, I have gone into prayerful consideration of this bill, which does require unanimous consent, because of the legislative bind in which we find ourselves. I have resurrected the legislative file, with all my notes pertaining thereunto, as it passed the House by a vote of 356 to 32 on February 29 of this year, with its amendments.

Mr. Speaker, I am one of those who voted against it at the time, on the basis that it was not coordinated between the new Environmental Protection Agency and responsibilities of the Federal Avia

525-314 O 73 - 20

tion Agency, which I understand from my friend from West Virginia (Mr. STAGGERS), is presumably corrected in the House amendment to the Senate amendments in the House-passed version of the bill. There has been no conference in this procedure, and these is no printed report on which to base a mature judgment.

At the time of the original House consideration, my objection was predicated further on too severe penalties, the new granted right for citizens to bring civil suits leading to these too severe penalties, the fact it was applicable to much noise abatement, besides those of the transportation industry, and so forth.

I felt, Mr. Speaker, it would come back to haunt us as the occupational health and safety bill has done. I also made an annotation at that time that I thought it was too costly for experimental legislation. I have reviewed all of that and had a conference with the distinguished chairman this morning, but I regret to say in my heart and in my most considered judgment I find, with the increase costs-doubled-offered in these amendments, and as related by the chairman yesterday on page H10238 of the CONGRESSIONAL RECORD, that my conviction is more deeply founded and more profound than ever, and therefore I must object.

The SPEAKER. Objection is heard.

[p. H10262]

ENVIRONMENTAL NOISE CONTROL ACT OF 1972

Mr. STAGGERS. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 11021) to control the emission of noise detrimental to the human environment, and for other purposes, with a Senate amend

ment thereto, and consider the Senate plan established by the Administrator or any amendment.

The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from West
Virginia?

State or municipality under this Act shall
be provided for, encouraged, and assisted by
the Administrator and the States and mu-
nicipalities. The Administrator, in coopera-
tion with the States and municipalities, with-
in ninety days after enactment of this sec-
tion, shall develop and publish regulations
specifying minimum guidelines for public
participation in such processes.

There was no objection.

The Clerk read the Senate amend-
ment, as follows:

"OFFICE OF NOISE ABATEMENT AND CONTROL

Strike out all after the enacting clause
and insert:

SECTION 1. This Act may be cited as the
"Environmental Noise Control Act of 1972".
SEC. 2. Title IV of the Clean Air Act Amend-
ments of 1970 is amended to read as follows:

"SHORT TITLE; TABLE OF CONTENTS

"SEC. 401. This Act, including the following
table of contents, may be cited as the 'En-
vironmental Noise Control Act'.

"TABLE OF CONTENTS

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"SEC. 403. (a) The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete investigation and study of noise and its effect on the public health and welfare and administer the provisions of this Act.

"(b) The Administrator is authorized to prescribe such regulations as are necessary to carry out his function under this Act. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of his powers and duties under this Act, except the making of regulations, as he may deem necessary or expedient.

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trol programs. "Sec. 419. Development of low-noise-emission products. "Sec. 420. Authorization of appropriations. "FINDINGS AND POLICY

"SEC. 402. (a) The Congress finds-
"(1) that environmental noise presents a
growing danger to the health and welfare of
the Nation's population, particularly in urban
areas;

"(2) that the major sources of noise emis-
sions include aircraft, vehicles, machinery,
appliances, and other products in commerce;.
and

"(3) that, while primary responsibility for
control of environmental noise rests with
State and local governments, Federal regula-
tory action is essential to deal with major
noise emission sources, and Federal assistance
is necessary to encourage and support pro-
grams for the control of environmental noise.

"(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 public health or
welfare. To that end, it is the purpose of this
Act to establish a means for effective coordi-
nation of Federal research and activities in
environmental noise control, to authorize
the establishment of Federal noise emission
standards of new products, to provide in-
formation to the public of the noise emis-
sion and noise reduction characteristics of
new products, to encourage and support State
and municipal programs for the control of
environmental noise through planning and
program grants to State and local environ-
mental noise control agencies, and to provide
information to the public on the control of
environmental noise through regulation of
use of products and other methods and pro-
cedures to reduce environmental noise.

"(c) Public participation in the development, revision, and enforcement of any regulation, noise emission standard, program or

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"(1) any aircraft, aircraft engine, propeller,
or appliance, as such terms are defined in sec-
tion 101 of the Federal Aviation Act, as
amended (49 U.S.C. 1431); or

"(2) (A) any military aircraft, rockets,
weapons, or equipment which are designed
for combat use; or (B) any aircraft, rockets,
launch vehicles, spacecraft, or equipment
which are designed for research, experimen-
tal, or developmental work to be performed
by the National Aeronautics and Space Ad-
ministration, as determined by the President
under section 406 of this Act.

"(d) The term 'ultimate purchaser' means
the first person who in good faith purchases
a product for purposes other than resale.

&

"(e) The term 'new product' means
product the equitable or legal title to which
has never been transferred to an ultimate
purchaser. Products remanufactured or re-
built by a manufacturer from used products
to restore original functions shall be consid-
ered to be new products for the purposes of
this title and title V of this Act.

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