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
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.
(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.
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