Page images
PDF
EPUB

movement of any product if the Administra-
tor, after consultation with the Secretary of
Transportation, determines that such stand-
ard, control, license, regulation, or restriction
is necessitated by special local conditions
and is not in conflict with regulations pro-
mulgated under this section.

(4) For purposes of this section, the term
"motor carrier" includes a common carrier
by motor vehicle, a contract carrier by mo-
tor vehicle, and a private carrier of property
by motor vehicle as those terms are defined by
paragraphs (14), (15), and (17) of section
203 (a) of the Interstate Commerce Act (49
U.S.C. 303(a)).

AUTHORIZATION OF APPROPRIATIONS

SEC. 19. There are authorized to be appro-
priated to carry out this Act (other than
section 15) $3,000,000 for the fiscal year end-
ing June 30, 1973; $6,000,000 for the fiscal
year ending June 30, 1974; and $12,000,000 for
the fiscal year ending June 30, 1975.

Mr. STAGGERS (during the read-
ing). Mr. Speaker, I ask unanimous con-
sent that the motion be considered as
read and printed in the RECORD.

The SPEAKER pro tempore. Is there
objection to the request, of the gentle-
man from West Virginia?

Mr. HALL. Mr. Speaker, reserving the
right to object, may I be assured that
the amendment at the desk is the same
which I hold in my hand?

Mr. STAGGERS. Absolutely.
The SPEAKER pro tempore. Is there
objection to the request of the gentle-
man from West Virginia?

Mr. HALL. Mr. Speaker, reserving the
right to object, does the Clerk's copy
show the dates as June 30, 1973, for $3
million; June 30, 1974, for $6 million;

noise emissions detrimental to the hu-
man environment. I and other mem-
bers of the Subcommittee on Public
Health and Environment, have thor-
oughly reviewed this amendment. The
amendment retains all principles con-
tained in the House bill and adds cer-
tain provisions found in the Senate
amendment which we feel clarify and en-
hance the position of the House. In my
opinion, this amendment insures that all
interested parties-regulatory agencies,
industry, and the public-will bring to-
gether their special qualities to free the
American people from the noise pollu-
tion which jeopardizes their health and
welfare.

Mr. Speaker, the principal differ-
ence between the House bill and the Sen-
ate amendment was with respect to air-
craft noise. The House bill left control
of aircraft noise in the hands of the
FAA while the Senate gave substantial
control to EPA. The amendment before
the House today combines the best of
both. It retains the existing law's provi-
sion which provides the FAA with ul-
timate authority to prescribe standards
to regulate aircraft noise. This is neces-
sary to insure that noise control stand-
ards will, through the benefit of FAA's
expertise, be consistent with the highest
degree of aircraft safety.

However, recognizing that it is the
overall responsibility of EPA to insure a
sound environment, the amendment pro-
vides that EPA play a significant role in
the development of aircraft noise stand-
ards. This role includes the requirement
that EPA propose to FAA a broad and

[graphic]
[graphic]

1.4a(3) (e) Oct. 18: Senate concurred in House amendment, pp. S18638-S18646

NOISE CONTROL ACT OF 1972

Mr. TUNNEY. Mr. President, I ask that the pending business be temporarily laid aside so that I may ask the Chair to lay before the Senate the message from the House of Representatives on H.R. 11021.

The PRESIDING OFFICER (Mr. FANNIN) laid before the Senate the amendment of the House of Representatives to the amendment of the Senate to the bill (H.R. 11021) to control the emission of noise detrimental to the human environment, and for other purposes, which was in lieu of the matter proposed to be inserted by the Senate amendment, insert:

SHORT TITLE

SECTION 1. This Act may be cited as the "Noise Control Act of 1972".

FINDINGS AND POLICY

SEC. 2. (a) The Congress finds—

(1) that inadequately controlled 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 include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(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 health or welfare. To that end, it is the purpose of this Act to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

DEFINITIONS

SEC. 3. For purposes of this Act:

(1) The term "Administrator" means the Administrator of the Environmental Protection Agency.

(2) The term "person" means an individual, corporation, partnership, or association, and (except as provided in sections 11(e) and 12(a)) includes any officer, employee, department, agency, or instrumentality of the

[p. S18638]

United States, a State, or any political subdivision of a State.

(3) The term "product" means any manu-
factured article or goods or component there-
of; except that such term does not include-

(A) any aircraft, aircraft engine, propel-
ler, or appliance, as such terms are defined
in section 101 of the Federal Aviation Act
of 1958; or

(B) (i) any military weapons or equip-
ment which are designed for combat use;
(ii) any rockets or equipment which are
designed for research, experimental, or de-
velopmental work to be performed by the
National Aeronautics and Space Administra-
tion; or (iii) to the extent provided by regu-
lations of the Administrator, any other
machinery or equipment designed for use
in experimental work done by or for the
Federal Government.

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

(5) The term "new product" means (A)
a product the equitable or legal title of
which has never been transferred to an ulti-
mate purchaser, or (B) a product which is
imported or offered for importation into the
United States and which is manufactured
after the effective date of a regulation under
section 6 or section 8 which would have been
applicable to such product had it been manu-
factured in the United States.

(6) The term "manufacturer" means any
person engaged in the manufacturing or as-
sembling of new products, or the importing
of new products for resale, or who acts for,
and is controlled by, any such person in con-
nection with the distribution of such pro-
ducts.

(7) the term "commerce" means trade,
traffic, commerce, or transportation-

(A) between a place in a State and any place outside thereof, or

(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).

products referred to in section 3(3) (B) of
this Act, may be granted from the require-
ments of sections 6, 17, and 18 of this Act.
No such exemption shall be granted due
to lack of appropriation unless the President
shall have specifically requested such ap-
propriation as a part of the budgetary proc-
ess and the Congress shall have failed to make
available such requested appropriation. Any
exemption shall be for a period not in ex-
cess of one year, but additional exemptions
may be granted for periods of not to exceed
one year upon the President's making a new
determination. The President shall report
each January to the Congress all exemptions
from the requirements of this section granted
during the preceding calendar year, together
with his reason for granting such exemp-
tion.

(c) (1) The Administrator shall coordinate
the programs of all Federal agencies relating
to noise research and noise control. Each
Federal agency shall, upon request, furnish
to the Administrator such information as
he may reasonably require to determine the
nature, scope, and results of the noise-re-
search and noise-control programs of the
agency.

(2) Each Federal agency shall consult with
the Administrator in prescribing standards
or regulations respecting noise. If at any time
the Administrator has reason to believe that
a standard or regulation, or any proposed
standard or regulation, of any Federal agency
respecting noise does not protect the public
health and welfare to the extent he believes
to be required and feasible, he may request
such agency to review and report to him on
the advisability of revising such standard or
regulation to provide such protection. Any
such request may be published in the Federal
Register and shall be accompanied by a de-
tailed statement of the information on which
it is based. Such agency shall complete
the requested review and report to the Ad-
ministrator within such time as the Admin-
istrator specifies in the request, but such

sultation with appropriate Federal agencies,
compile and publish a report or series of re-
ports (1) identifying products (or classes of
products) which in his judgment are major
sources of noise, and (2) giving informa-
tion on techniques for control of noise from
such products, including available data on
the technology, costs, and alternative meth-
ods of noise control. The first such report
shall be published not later than eighteen
months after the date of enactment of this
Act.

(c) The Administrator shall from time to
time review and, as appropriate, revise or
supplement any criteria or reports, published
under this section.

(d) Any report (or revision thereof) un-
der subsection (b)(1) identifying major
noise sources shall be published in the Fed-
eral Register. The publication or revision
under this section of any criteria or infor-
mation on control techniques shall be an-
nounced in the Federal Register, and copies
shall be made available to the general public.

NOISE EMISSION STANDARDS FOR PRODUCTS
DISTRIBUTED IN COMMERCE

SEC. 6. (a) (1) The Administrator shall
publish proposed regulations, meeting the
requirements of subsection (c), for each
product-

(A) which is identified (or is part of a
class identified) in any report published un-
der section 5(b) (1) as a major source of
noise,

(B) for which, in his judgment, noise
emission standards are feasible, and

(C) which falls in one of the following
categories:

(1) Construction equipment.

(ii) Transportation equipment includ-
ing recreational vehicles and related equip-
ment).

(iii) Any motor or engine (including any
equipment of which an engine or motor is
an integral part).

(iv) Electrical or electronic equipment.
(2) (A) Initial proposed regulations un-

(8) The term "distribute in commerce"
means sell in, offer for sale in, or introduce
or deliver for introduction into, commerce.
(9) The term "State" includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa,
Guam, and the Trust Territory of the Pa-
cific Islands.

(10) The term "Federal agency" means an
executive agency (as defined in section 105
of title 5, United States Code) and includes
the United States Service.

"environmental noise"
(11) The term
means the intensity, duration, and the char-
acter of sounds from all sources.

FEDERAL PROGRAMS

SEC. 4. (a) The Congress authorizes and
directs that Federal agencies shall, to the
fullest extent consistent with their authority
under Federal laws administered by them,
carry out the programs within their control
in such a manner as to further the policy
declared in section 2(b).

time specified may not be less than ninety days from the date the request was made. The report shall be published in the Federal Register and shall be accompanied by a detailed statement of the findings and conclusions of the agency respecting the revision of its standard or regulation. With respect to the Federal Aviation Administration, section 611 of the Federal Aviation Act of 1958 (as amended by section 7 of this Act) shall apply in lieu of this paragraph.

(3) On the basis of regular consultation
with appropriate Federal agencies, the Ad-
ministrator shall compile and publish, from
time to time, a report on the status and
progress of Federal activities relating to
noise research and noise control. This report
shall describe the noise-control programs of
each Federal agency and assess the contribu-
tions of those programs to the Federal Gov-
ernment's overall efforts to control noise.
IDENTIFICATION OF MAJOR NOISE SOURCES;
NOISE CRITERIA AND CONTROL TECHNOLOGY
SEC. 5. (a) (1) The Administrator shall,
after consultation with appropriate Federal
agencies and within nine months of the date
of the enactment of this Act, develop and
(1) having jurisdiction over any property publish criteria with respect to noise. Such
or facility, or

(b) Each department agency, or instru-
mentality of the executive, legislative, and
Judicial branches of the Federal Govern-
ment-

(2) engaged in any activity resulting, or which may result, in the emission of noise, shall comply with Federal, State, interstate, and local requirements respecting control and abatement of environmental noise to the same extent that any person is subject to such requirements. The President may exempt any single activity or facility, including noise emission sources or classes thereof, of any department, agency, or instrumentality in the executive branch from compliance with any such requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption, other than for those

criteria shall reflect the scientific knowledge
most useful in indicating the kind and ex-
tent of all identifiable effects on the public
health or welfare which may be expected
from differing quantities and qualities of
noise.

(2) The Administrator shall, after consul-
tation with appropriate Federal agencies and
within twelve months of the date of the
enactment of this Act, publish information
on the levels of environmental noise the at-
tainment and maintenance of which in
defined areas under various conditions are
requisite to protect the public health and
welfare with an adequate margin of safety.
(b) The Administrator shall, after con-

der paragraph (1) shall be published not
later than eighteen months after the date
of enactment of this Act, and shall apply
to any product described in paragraph (1)
which is identified (or is a part of a class
identified) as a major source of noise in
any report published under section 5(b) (1)
on or before the date of publication of such
initial proposed regulations.

(B) In the case of any product described
in paragraph (1) which is identified (or is
part of a class identified) as a major source
of noise in a report published under section
5(b) (1) after publication of the initial pro-
posed regulations under subparagraph (A)
of this paragraph, regulations under para-
graph (1) for such product shall be pro-
posed and published by the Administrator
not later than eighteen months after such
report is published.

(3) After proposed regulations respecting
a product have been published under para-
graph (2), the Administrator shall, unless
in his judgment noise emission standards
are not feasible for such product, prescribe
regulations, meeting the requirements of
subsection (c), for such product-

(A) not earlier than six months after pub-
lication of such proposed regulations, and
(B) not later than-

(1) twenty-four months after the date of
enactment of this Act, in the case of a prod-
uct subject to proposed regulations pub-
lished under paragraph (2) (A), or

(ii) in the case of any other product,
twenty-four months after the publication of
the report under section 5(b)(1) identifying
it (or a class of products of which it is a
part) as a major source of noise.

(b) The Administrator may publish pro-
posed regulations, meeting the requirements
of subsection (c), for any product for which
he is not required by subsection (a) to pre-
scribe regulations but for which, in his judg-
ment, noise emission standards are feasible

[p. S18639]

525-314 O 73 - 22

« PreviousContinue »