of the information on which it is based. The FAA shall complete the review requested and shall report to EPA within such time as EPA specifies in the request, but such time specified may not be less than 90 days from the date the request was made. The FAA's report shall be accompanied by a detailed statement of the FAA's findings and the reasons for the FAA's conclusions; shall identify any statement filed pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to such action or standard or regulation (or exemption therefrom); and shall specify whether (and where) such statement is available for public inspection. The FAA's report shall be published in the Federal Register, except in a case in which EPA's request proposed specific action to be taken by the FAA, and the FAA's report indicates such action will be taken.

(2) If, in the case of a matter described in paragraph (1)(A) of this subsection with respect to which no statement is required to be filed under such section 102(2)(C), the report of the FAA indicates that the revision (if any) proposed by EPA should not be made, then EPA may request the FAA to file a supplemental report, which shall be published in the Federal Register within such time as EPA may specify (but such time specified shall not be less than 90 days from the date the request was made), and which shall contain a comparison of (A) the environmental effects (including those which cannot be avoided) of the existing (or proposed) standard or regulation of the FAA (or exemption therefrom) and (B) EPA's proposed revision.

(3) If, in the case of an action of the FAA described in paragraph (1)(B) of this subsection with respect to which no statement is required to be filed under such section 102(2)(C), the report of the FAA states that issuance of an original type certificate should not be preceded by issuance of a noise standard and regulation, the FAA shall, upon request of EPA, file a statement (of the type described in such section 102(2)(C)) with respect to the issuance of such certificate. The requirements of such section 102(2)(C) relating to consultation, obtaining comments, and the availability of statements made pursuant to such section shall apply to any statement filed under the preceding sentence.

[(b)] (d) In prescribing and amending standards [, rules,] and regulations under this section, the [Administrator] FAA shall

(1) consider relevant available data relating to aircraft noise and sonic boom, including the results of research, development, testing, and evaluation activities conducted pursuant to this Act and the Department of Transportation Act;

(2) consult with such Federal, State, and interstate agencies as he deems appropriate;

(3) consider whether any proposed standard [, rule,] or regulation is consistent with the highest degree of safety in air commerce or air transportation in the public interest;

(4) consider whether any proposed standard [, rule,] or regulation is economically reasonable, technologically practicable, and appropriate for the particular type of aircraft, aircraft engine, appliance, or certificate to which it will apply; and

(5) consider the extent to which such standard [, rule,] or regulation will contribute to carrying out the purposes of this section.

[(c)] (e) In any action to amend, modify, suspend, or revoke a certificate in which violation of aircraft noise or sonic boom standards [, rules,] or regulations is at issue, the certificate holder shall have the same notice and appeal rights as are contained in section 609, and in any appeal to the National Transportation Safety Board, the Board may amend, modify, or reverse the order of the [Administrator] FAA if it finds that control or abatement of aircraft noise or sonic boom and the public interest do not require the affirmation of such order, or that such order is not consistent with safety in air commerce or air transportation.

For the information of the Members, section 1905 of Title 18, U.S.C., is set forth below:

SECTION 1905 OF TITLE 18, U.S.C.

§1905. Disclosure of confidential information generally.

Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examniation or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than one year, or both; and shall be removed from office or employ

ment.

92D CONGRESS 2D SESSION

Union Calendar No. 431

H. R. 11021

[Report No. 92-842]

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 30, 1971

Mr. ROGERS (for himself, Mr. KYROS, Mr. PREYER of North Carolina, Mr. SYMINGTON, Mr. Roy, Mr. NELSEN, Mr. CARTER, and Mr. HASTINGS) introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce

FEBRUARY 19, 1972

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To control the emission of noise detrimental to the human environment, and for other purposes.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SHORT TITLE; TABLE OF CONTENTS

SECTION 1. This Act, including the following table of

3 contents, may be cited as the "Noise Control Act of 1972".

TABLE OF CONTENTS

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Sec. 1. Short title; table of contents.

Sec. 2. Findings and policy.

Sec. 3. Definitions.

Sec. 4. Federal programs.

Sec. 5. Identification of major noise sources; noise criteria and control
technology.

Sec. 6. Noise emission standards for products distributed in commerce.
Sec. 7. Aircraft noise standards.

Sec. 8. Labeling.

Sec. 9. Imports.

Sec. 10. Prohibited acts.

Sec. 11. Enforcement.

Sec. 12. Citizen suits.

Sec. 13. Records, reports, and information.

Sec. 14. Research, technical assistance, and public information.

Sec. 15. Development of low-noise-emission products.

Sec. 16. Authorization of appropriations.

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

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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 6 that end, it is the purpose of this Act to establish a means

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for effective coordination of Federal research and activities

in noise control, to authorize the establishment of Federal 9 noise emission standards for products distributed in commerce, and to provide information to the public respecting 11 the noise emission and noise reduction characteristics of such

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

(2) The term "person" means an individual, corporation, partnership, or association, and (except as provided in sections 11(d) 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 manufactured

article or goods or component thereof; except that such term does not include