"(d) Any regulation or revision thereof "SEC. 512. The Secretary of Transportation, "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- "(d) Any regulation or revision thereof "SEC. 522. The Secretary of Transportation, "SEC. 523. Notwithstanding any other pro- 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. State or municipality under this Act shall There was no objection. The Clerk read the Senate amend- "OFFICE OF NOISE ABATEMENT AND CONTROL Strike out all after the enacting clause SECTION 1. This Act may be cited as the "SHORT TITLE; TABLE OF CONTENTS "SEC. 401. This Act, including the following "TABLE OF CONTENTS "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. trol programs. "Sec. 419. Development of low-noise-emission products. "Sec. 420. Authorization of appropriations. "FINDINGS AND POLICY "SEC. 402. (a) The Congress finds- "(2) that the major sources of noise emis- "(3) that, while primary responsibility for "(b) The Congress declares that it is the "(c) Public participation in the development, revision, and enforcement of any regulation, noise emission standard, program or "(1) any aircraft, aircraft engine, propeller, "(2) (A) any military aircraft, rockets, "(d) The term 'ultimate purchaser' means & "(e) The term 'new product' means |
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