issued under section 17 or 18 of this Act or
under section 611 of the Federal Aviation
Act of 1958.

RECORDS, REPORTS, AND INFORMATION
SEC. 13. (a) Each manufacturer of a prod-
uct to which regulations under section 6 or
section 8 apply shall-

(1) establish and maintain such records,
make such reports, provide such information,
and make such tests, as the Administrator
may reasonably require to enable him to
determine whether such manufacturer has
acted or is acting in compliance with this
Act.

(2) upon request of an officer or employee
duly designated by the Administrator, per-
mit such officer or employee at reasonable
times to have access to such information and
the results of such tests and to copy such
records, and

(3) to the extent required by regulations
of the Administrator, make products coming
off the assembly line or otherwise in the
hands of the manufacturer available for
testing by the Administrator.

(b) (1) All information obtained by the
Administrator or his representatives pursuant
to subsection (a) of this section, which in-
formation contains or relates to a trade secret
or other matter referred to in section 1905
of title 18 of the United States Code, shall
be considered confidential for the purpose of
that section, except that such information
may be disclosed to other Federal officers or
employees, in whose possession it shall re-
main confidential, or when relevant to the
matter in controversy in any proceeding un-
der this Act.

(2) Nothing in this subsection shall au-
thorize the withholding of information by
the Administrator, or by any officers or em-
ployees under his control, from the duly au-
thorized committees of the Congress.

(c) Any person who knowingly makes any false statement, representation, or certifica

SEC. 15. (a) For the purpose of this sec-
tion:

(1) The term "Committee" means the Low-
Noise-Emission Product Advisory Committee.

(2) The term "Federal Government" in-
cludes the legislative, executive, and judicial
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 speci-
fied in noise emission standards under regu-
lations applicable under section 6 at the time
of procurement to that type of product.

(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 determine
which products qualify as low-noise-emis-
sion products in accordance with the provi-
sions of this section.

(2) The Administrator shall certify any
product-

(A) for which a certification application
has been filed in accordance with paragraph
(5) (A) of this subsection;

(B) which is a low-noise-emission product
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

Administrator in the case of a violation of a
noise control requirement under such section
611) and (ii) to any alleged violator of such
requirement, or

(B) if an Administrator has commenced
and is diligently prosecuting a civil action to
require compliance with the noise control
requirement, but in any such action in a
court of the United States any person may
intervene as a matter of right, or

(2) under subsection (a) (2) prior to
sixty days after the plaintiff has given notice
to the defendant that he will commence such
action.

Notice under this subsection shall be given
in such manner as the Administrator of the
Environmental Protection Agency shall pre-
scribe by regulation.

(c) In an action under this section, the
Administrator of the Environmental Protec-
tion Agency, if not a party, may interview as
a matter of right. In an action under this
section respecting a noise control require-
ment under section 611 of the Federal Avia-
tion Act of 1958, the Administrator of the
Federal Aviation Administration, if not a
party, may also intervene as a matter of right.

(d) The court, in issuing any final order
in any action brought pursuant to subsection
(a) of this section, may award costs of litiga-
tion (including reasonable attorney and ex-
pert witness fees) to any party, whenever
the court determines such an award is ap-
propriate.

(e) Nothing in this section shall restrict
any right which any person (or class of per-
sons) may have under any statute or com-
mon law to seek enforcement of any noise
control requirement or to seek any other
relief (including relief against an Adminis-
trator).

(f) For purposes of this section, the term
"noise control requirement" means para-
graph (1), (2), (3), (4), or (5) of section
10(a), or a standard, rule, or regulation

SEC. 14. In furtherance of his responsi-
bilities under this Act and to complement,
as necessary, the noise-research programs of
other Federal agencies, the Administrator
is authorized to:

(1) Conduct research, and finance research
by contract with any person, on the effects,
measurement, and control of noise, includ-
ing but not limited to-

(A) investigation of the psychological and
physiological effects of noise on humans and
the effects of noise on domestic animals,
wildlife, and property, and determination of
acceptable levels of noise on the basis of such
effects;

(B) development of improved methods and
standards for measurement and monitoring
of noise, in cooperation with the National
Bureau of Standards, Department of Com-
merce; and

(C) determination of the most effective
and practicable means of controlling noise
emission.

(2) Provide technical assistance to State
and local governments to facilitate their
development and enforcement of ambient
noise standards, including but not limited
to-

(A) advice on training of noise-control
personnel and on selection and operation of
noise-abatement equipment; and

Low-Noise-Emission Product Advisory Com-
mittee to assist him in determining which
products qualify as low-noise-emission
products for purposes of this section. The
Committee shall include the Administrator
or his designee, a representative of the Na-
tional Bureau of Standards, and represent-
atives of such other Federal agencies and
private individuals as the Administrator may
deem necessary from time to time. Any mem-
ber 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 employed
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 application
received.

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

(D) The Administrator shall conduct what-
ever investigation is necessary, including ac-
tual inspection of the product at a place des-
ignated in regulations prescribed under sub-
paragraph (A).

(E) The Administrator shall receive and evaluate written comments and documents

[p. H10298]

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 Administrator
determines that such product is a low-noise-
emission product, then within one hundred
and eighty days of such determination the
Administrator shall reach a decision as to
whether such product is a suitable substi-
tute for any class or classes of products pres-
ently being purchased by the Federal Govern-
ment for use by its agencies.

(G) Immediately upon making any deter-
mination or decision under subparagraph
(F), the Administrator shall publish in the
Federal Register notice of such determina-
tion or decision, including reason therefor.

(c) (1) Certified low-noise-emission prod-
ucts 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 required
to purchase available certified low-noise-
emission products which are eligible for pur-
chase to the extent they are available before
purchasing any other products for which any
low-noise-emission product is a certified sub-
stitute. In making purchasing selections be-
tween competing eligible certified low-noise-
emission products, the procuring agency shall

the District of Columbia Circuit, and a peti-
tion for review of action of the Administra-
tor of the Federal Aviation Administration in
promulgating any standard or regulation un-
der section 611 of the Federal Aviation Act
of 1958 may be filed only in such court. Any
such petition shall be filed within ninety
days from the date of such promulgation,
or after such date if such petition is based
solely on grounds arising after such ninetieth
day. Action of either Administrator with re-
spect to which review could have been ob-
tained under this subsection shall not be
subject to judicial review in civil or criminal
proceedings for enforcement.

(b) If a party seeking review under this
Act applies to the court for leave to adduce
additional evidence, and shows to the satis-
faction of the court that the information is
material and was not available at the time of
the proceeding before the Administrator of
such Agency or Administration (as the case
may be), the court may order such additional
evidence (and evidence in rebuttal thereof)
to be taken before such Administrator, and
to be adduced upon the hearing, in such
manner and upon such terms and conditions
as the court may deem proper. Such Admin-
istrator may modify his findings as to the
facts, or make new findings, by reason of the
additional evidence so taken, and he shall file
with the court such modified or new findings,
and his recommendation, if any, for the
modification or setting aside of his original
order, with the return of such additional
evidence.

(c) With respect to relief pending review
of an action by either Administrator, no stay
of an agency action may be granted unless
the reviewing court determines that the
party seeking such stay is (1) likely to pre-
vail on the merits in the review proceeding
and (2) will suffer irreparable harm pending
such proceeding.

(d) For the purpose of obtaining informa

Act, the Administrator shall promulgate final
regulations. Such regulations may be revised,
from time to time, in accordance with this
subsection.

(3) Any standard or regulation, or revision
thereof, proposed under this subsection shall
be promulgated only after consultation with
the Secretary of Transportation in order to
assure appropriate consideration for safety
and technological availability.

(4) Any regulation or revision thereof
promulgated under this subsection shall take
effect 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.
(b) The Secretary of Transportation, after
consultation with the Administrator, shall
promulgate regulations to insure compliance
with all standards promulgated by the Ad-
ministrator under this section. The Secre-
tary of Transportation shall carry out such
regulations through the use of his powers
and duties of enforcement and inspection
authorized by the Safety Appliance Acts, the
Interstate Commerce Act, and the Depart-
ment of Transportation Act. Regulations
promulgated under this section shall be sub-
ject to the provisions of sections 10, 11, 12,
and 16 of this Act.

(c) (1) Subject to paragraph (2) but not-
withstanding any other provisions of this
Act, after the effective date of a regulation
under this section applicable to noise emis-
sions resulting from the operation of any
equipment or facility of a surface carrier en-
gaged in interstate commerce by railroad, no
State or political subdivision thereof may
adopt or enforce any standard applicable to
noise emissions resulting from the operation
of the same equipment or facility of such
carrier unless such standard is identical to a
standard applicable to noise emissions re-

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 sig-
nificantly 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 any time he finds that the
noise-emission levels exceed the levels on
which certification under this section was
based, the Administrator shall give the sup-
plier of such product written notice of this
finding, issue public notice of it, and give
the supplier an opportunity to make neces-
sary repairs, adjustments, or replacements. If
no such repairs, adjustments, or replace-
ments 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 appropri-
ated for paying additional amounts for prod-
ucts 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 Act.

JUDICIAL REVIEW; WITNESSES

SEC. 16. (a) A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under section 6, 17, or 18 of this Act or any labeling regulation under section 8 of this Act may be filed only in the United States Court of Appeals for

tion to carry out this Act, the Administra-
tor of the Environmental Protection Agency
may issue subpenas for the attendance and
testimony of witnesses and the production
of relevant papers, books, and documents,
and he may administer oaths. Witnesses sum-
moned shall be paid the same fees and
mileage that are paid witnesses in the courts
of the United States. In cases of contumacy
or refusal to obey a subpena served upon any
person under this subsection, the district
court of the United States for any district in
which such person is found or resides or
transacts business, upon application by the
United States and after notice to such per-
son, shall have jurisdiction to issue an order
requiring such person to appear and give
testimony before the Administrator, to ap-
pear and produce papers, books, and docu-
ments before the Administrator, or both, and
any failure to obey such order of the court
may be punished by such court as a con-
tempt thereof.

RAILROAD NOISE EMISSION STANDARDS

SEC. 17. (a) (1) Within nine months after
the date of enactment of this Act, the Ad-
ministrator shall publish proposed noise
emission regulations for surface carriers en-
gaged in interstate commerce by railroad.
Such proposed regulations shall include noise
emission standards setting such limits on
noise emissions resulting from operation of
the equipment and facilities of surface car-
riers engaged in interstate commerce by rail-
road which reflect the degree of noise reduc-
tion achievable through the application of
the best available technology, taking into
account the cost of compliance. These regu-
lations shall be in addition to any regulations
that may be proposed under section 6 of this
Act.

(2) Within ninety days after the publica-
tion of such regulations as may be proposed
under paragraph (1) of this subsection, and
subject to the provisions of section 16 of this

sulting from such operation prescribed by any regulation under this section.

(2) Nothing in this section shall diminish
or enhance the rights of any State or political
subdivision thereof to establish and enforce
standards or controls on levels of environ-
mental noise, or to control, license, regulate,
or restrict the use, operation, or movement
of any product if the Administrator, after
consultation with the Secretary of Trans-
portation, determines that such standard,
control, license, regulation, or restrict is ne-
cessitated by special local conditions and is
not in conflict with regulations promulgated
under this section.

(d) The terms "carrier" and "railroad" as
used in this section shall have the same
meaning as such terms have under the first
section of the Act of February 17, 1911 (45
U.S.C. 22).

MOTOR CARRIER NOISE EMISSION STANDARDS

SEC. 18. (a) (1) Within nine months after
the date of enactment of this Act, the Ad-
ministrator shall publish proposed noise
emission regulations for motor carriers en-
gaged in interstate commerce. Such proposed
regulations shall include noise emission
standards setting such limits on noise emis-
sions resulting from operation of motor car-
riers engaged in interstate commerce which
reflect the degree of noise reduction achiev-
able through the application of the
best available technology, taking into ac-
count the cost of compliance. These regula-
tions shall be in addition to any regulations
that may be proposed under section 6 of this
Act.

(2) Within ninety days after the publica-
tion of such regulations as may be proposed
under paragraph (1) of this subsection, and
subject to the provisions of section 16 of
this Act, the Administrator shall promulgate
final regulations. Such regulations may be
revised from time to time, in accordance with
this subsection.

[p. H10299]

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

(4) Any regulation or revision thereof
promulgated under this subsection shall take
effect 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.

(b) The Secretary of Transportation, after
consultation with the Administrator shall
promulgate regulations to insure compliance
with all standards promulgated by the Ad-
ministrator under this section. The Secretary
of Transportation shall carry out such regu-
lations through the use of his powers and
duties of enforcement and inspection au-
thorized by the Interstate Commerce Act
and the Department of Transportation Act.
Regulations promulgated under this section
shall be subject to the provisions of sections
10, 11, 12, and 16 of this Act.

(c) (1) Subject to paragraph (2) of this
subsection but notwithstanding any other
provision of this Act, after the effective date
of a regulation under this section applicable
to noise emissions resulting from the opera-
tion of any motor carrier engaged in inter-
state commerce, no State or political subdivi-
sion thereof may adopt or enforce any stand-
ard applicable to the same operation of such
motor carrier, unless such standard is iden-
tical to a standard applicable to noise emis-
sions resulting from such operation pre-
scribed by any regulation under this section.

(2) Nothing in his section shall diminish or
enhance the rights of any State or political
subdivision thereof to establish and en-
force standards or controls on levels of en-
vironmental noise, or to control, license,
regulate, or restrict the use, operation, or

June 30, 1975, for $12 million in the comprehensive range of regulations deamended bill?

Mr. STAGGERS. May I assure the
gentleman from Missouri that if they do
not, they should, because that is our
intent.

Mr. HALL. The gentleman's state-
ment that they should is not good
enough.

The SPEAKER pro tempore. The
Clerk will read the section which the
gentleman from Missouri (Mr. HALL)
has called attention to.

The Clerk read as follows:

Section 19. There are authorized to be
appropriated to carry out this Act (other
than section 15) $3 million for the fiscal
year ending June 30, 1973; 86 million for
the fiscal year ending June 30, 1974; and
$12 million for the fiscal year ending June 3,

signed to abate aircraft noise. The FAA,
in turn, must respond to the EPA pro-
posals quickly and substantively.

Mr. Speaker, many people feel that
noise pollution is the last remaining gap
in environmental law. The Congress has,
in recent years, responded to our many-
faceted environmental problems with leg-
islation to all known forms of environ-
mental pollution except noises. This
amendment insures that unlike air and
water pollution, the excesses of noise pol-
lution do not become so prevalent as to
literally threaten the destruction of the
environment.

Mr. Speaker, I urge unanimous adop-
tion of the amendment.

[p. H10300]