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
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:
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.
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
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.
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
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