We would not favor the State having the power to set a particular decibel A level for the manufacture of that vehicle, for reasons I just discussed a moment ago.

Senator TUNNEY. In your written statement, you indicate the Clean Air Act exempts from standards U.S. made products intended for export.

Actually the Clean Air Act requires reports to comply with the standards of the destination country, as indeed they must anywhere, and where that country has no standards, to comply with applicable U.S. domestic standards.

Is not this an appropriate policy for noise control standards as well?

Mr. BOGGS. I would certainly agree that the country of entry has the right to control the product coming into the country, and, certainly, any product would have to comply with those standards, however, if that country has no requirements on products, and many products are coming into that country from other sources, I do not think you should preclude U.S. products from going into that country, if they are in effect precluded with having to meet standards and being priced out of the market.

While the Clean Air Act does have this provision, the Boating Act has clear exception to this.

The Federal Drug Administration does not apply its regulation to exported commodities.

I think this approach is one that has been recognized by the Congress in prior legislation, and I think it should be continued in this legislation.

Senator TUNNEY. Of course, the question that some of us are grappling with is the fact that if you pollute one portion of the globe, you are affecting the environment of other portions of the globe, and why should we export pollution. That is not why you are here, to talk about air pollution or water pollution, but the question does arise as to noise, a public health hazard, as to whether or not we ought to be prepared to export a public health hazard which we would find unacceptable in the United States.

Mr. BOGGS. I share your concern, Mr. Chairman, and I certainly agree in the case of pollution, the United States should take the lead in trying to do what it can to establish worldwide pollution control standards.

In the case of the act that we have before us, I think you are talking about a number of component parts being regulated for noise, and to take a far-fetched example, let's assume you have a vehicle in a country which has no noise standards, you have a motor produced in the United States which can go into that vehicle.

For that motor to meet the noise standards would require X, Y, Z's component parts to be added, which would not be useful when exported to the foreign country and placed in that vehicle, so you have differences here when you are talking about pieces of equipment and machinery, than you have in the case of a pollutable matter, which has a permanent effect on the environment.

Senator TUNNEY. Although noise, assuming the cause of it is eliminated, does not last in the environment for a long period of

time, there is no question that the person who is the recipient of that noise, if it is excessive, and a danger to public health, can have lasting results, and can be permanently affected, and as a result of the noise he has received. So you are in a sense dealing with a similar problem to air and water pollution, and in that sense, the impact on the individual can be permanent, and that is of course one of the value judgments that we are trying to raise here.

Mr. Boggs, I am very appreciative of your being here.

Your statement has been made a part of the record, and it represents an excellent contribution to the proceedings, and I appreciate your being here.

Mr. BOGGS. Thank you.

Senator Tunney. I am pleased to be able to announce that Senator Buckley will be here from 10:20 to 11:00, so the proceedings can go on unabated.

Thank you very much, Mr. Boggs.

Mr. BOGGS. Thank you for the opportunity.

(The following suggested amendments to S. 3342 were received subsequent to the hearings:)

INTERNATIONAL SNOWMOBILE MANUFACTURERS ASSOCIATION, APRIL 24, 1972SUGGESTED AMENDMENTS TO S. 3342

Page 16, line 21

Add a new sentence at the end reading:

"No standard prescribed under this Section shall apply to any product manufactured before the effective date of such standard."

Page 17

Delete subsection (d) (2) and substitute therefore:

(2) Notwithstanding any provision of this section, any state or political subdivision thereof shall have the right otherwise reasonably to regulate ambient noise levels by controlling, regulating or restricting the manner of use, operation or movement of any product within specified areas under the jurisdiction of such state or subdivision if and to the extent that such controls, regulations and restrictions (i) are required by compelling local conditions generally applicable to said specified areas, and (ii) do not unreasonably interfere with interstate commerce.

Page 18

(a) Delete subsection (c) of Section 409.

(b) Delete Section 410 and substitute therefore the following:

Sec. 410 The Secretary of the Treasury and the Administrator may, by joint regulation, authorize the importation of a nonconforming product or component part upon terms and conditions, including the furnishing of bond, which will assure that the product or component part will be brought into conformity with applicable federal regulations before it is sold or offered for sale within the United States.

(b) This title shall not apply to any product or component part manufactured, sold, or held for sale for export from the United States (or to any product or component part imported for export), if such product or component part, and any container in which it is enclosed, bears a stamp or label stating that such product or component part is intended for export and such product or component part is in fact exported from the United States.

Page 19

Add a new Section 411 prior to the existing Section 411 dealing with prohibited acts.

Sec. 411 Advisory Council on Noise Emission Control

(a) The Administrator shall establish an Advisory Council on Noise Emission Control, which shall not exceed 21 members whom the Administrator con

siders to have particular expertise, knowledge and experience relating to noise emission control. Insofar as practical, to assure balance representation, members shall be drawn equally from (1) State and local officials responsible for noise pollution control agency activities; (2) manufacturers of products set forth in Section 408(a)(1) (B) and Section 409 (a)(2) of this Act; and (3) members of the general public.

(b) The Administrator shall consult with the Council and other appropriate government agencies prior to taking any action under Sections 407 and 408 of this Act or prior to any other major action pursuant to this Act.

(c) Members of the Advisory Council or panels may be compensated at a rate not to exceed the rate provided for Federal classified employees of Grade GS-18 when engaged in the duties of the Council. Members, while away from their home or regular places of business, may be allowed travel expenses, including a 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. Payments under this section shall not render members of the Advisory Council employees or officials of the United States for any purposes. (d) The Administrator shall nominate members of the Council to serve as Chairman, First Vice Chairman, and Second Vice Chairman, subject to confirmation by a majority vote of the Council. Not more than one member of the Council from each of the three sectors from which Council membership is drawn shall serve as an officer at any one time. The Administrator shall appoint an Executive Secretary with the advice and consent of the Council to assist the Council in preparation of recommendations and resolutions and in the development of plans and activities of the Council. Meetings of the Council shall be held at least quarterly. The Council may appoint an Executive Committee with members drawn equally from the three sectors from which Council membership is drawn. A quorum at meetings of the Council or the Executive Committee shall be deemed to exist when a majority of the appointed members are present.

Page 21

Delete the sentence ending on line 5 dealing with minimum fines for manufacturer violations and substitute therefore the following:

Unless a violation is determined to be of such an insubstantial nature as to create no serious risk to public health and welfare, any violation of paragraph (1) of subsection (a) of section 411 of this Act shall result in a fine of not less than $2,500 per each day of violation commencing on the day that the violator is duly notified by the appropriate official of the alleged existence of said violation. In no event shall any fine assessed hereunder for any violation or series of violations arising from a common source or course of action exceed $50,000.

Senator TUNNEY. I would like to ask to come to the witness table Mr. Rodger F. Ringham, Mr. Delos Rentzel, and Mr. Howe.

I was going to call Mr. Messinger and Mr. Lippman at the same time, and if they feel they would like to come up now, certainly it is fine with the Chair.

They will respond to similar questions. The only reason I have broken it up in this way is that I thought for the purposes of efficiency in getting people an opportunity to express themselves, a smaller group would be better than the larger group.

Is it agreeable that we call Mr. Messinger and Mr. Lippman separately?

Mr. LIPPMAN. Mr. Messinger and I would prefer the treatment you first proposed.

Senator TUNNEY. Fine. Then you feel the same way.

Mr. LIPPMAN. Yes, sir.

Mr. MESSINGER. Yes, sir.

Senator TUNNEY. Mr. Ringham is the vice president of engineering of the International Harvester Co., and he is representing the

77-729-72- 29

Automobile Manufacturers Association. He is accompanied by Mr. Thomas H. Hanna of the engineering division staff of the Automobile Manufacturers Association.

Mr. Delos Rentzel is the president of the Heavy Duty Truck Manufacturers Association.

Mr. Jonathan T. Howe is the legal counsel of the Engine Manufacturers Association, and he is accompanied by Mr. Thomas Young, executive director.

Mr. RENTZEL. Mr. Chairman, I am Jonathan T. Howe, and I have with me Mr. Richard Cobe, my director of engineering.

He may be able to answer some questions.

Senator TUNNEY. Fine. If you wish, your associates may come to the table. That is fine with me.

Mr. Howe. I am Mr. Howe, and Mr. Thomas Young is present, Mr. Chairman.

Mr. RINGHAM. Mr. Chairman, I am Rodger F. Ringham, and Mr. Hanna is right beside me.

STATEMENTS OF RODGER F. RINGHAM, VICE PRESIDENT, ENGINEERING, INTERNATIONAL HARVESTER CO., REPRESENTING THE AUTOMOBILE MANUFACTURERS ASSOCIATION, ACCOMPANIED BY THOMAS H. HANNA, ENGINEERING DIVISION STAFF, AUTOMOBILE MANUFACTURERS ASSOCIATION; DELOS RENTZEL, PRESIDENT, HEAVY DUTY TRUCK MANUFACTURERS ASSOCIATION; AND JONATHAN T. HOWE, LEGAL COUNSEL, ENGINE MANUFACTURERS ASSOCIATION, ACCOMPANIED BY THOMAS YOUNG, EXECUTIVE DIRECTOR

Senator TUNNEY. Your prepared statements will be made a part of the record.

(The statements referred to follows:)

STATEMENT OF RODGER F. RINGHAM, VICE PRESIDENT, INTERNATIONAL HARVESTER Co., ON BEHALF OF THE AUTOMOBILE MANUFACTURERS ASSOCIATION, INC.

INTRODUCTION

The Automobile Manufacturers Association is the national trade association representing domestic manufacturers of passenger motor vehicles and trucks. AMA welcomes the opportunity to present its views on the regulation of environmental noise and to comment on the three noise control bills pending before the Subcommittee-S. 1016, S. 3342, and H.R. 11021.

The Association, and its member companies, are in accord with the intent of this hearing and offer full and complete cooperation in any way possible to assist the Subcommittee in its deliberations on the important matter of noise control. For although there has been much study and investigation of environmental noise problems dating back as early as the 1930's, the current concern about noise has increased in recent years for a number of reasons: The unprecedented growth of our society in a relatively short period of time. The increase in the number of motor vehicles, mechanical devices, equipment, and other sources of noise which are being put into service.

The growing awareness by society of the need for environmental conservation. As a result, more emphasis is being given to promoting a more pleasurable and healthful environment.

The recent medical findings which link several undesirable physiological and psychological reactions to excessive noise exposure.

UNIQUE NATURE OF NOISE

Noise differs from other forms of environmental concern-air, water, solid waste, and visual pollution-in two significant ways.

1. Unlike many ecological disturbances which are cumulative and relatively permanent, noise emissions completely dissipate within seconds after the source is silenced.

2. Large variations in subjective response to noise occur among people, and even within the same person from time to time. These variations are related to individual sensitivity, socio-economic status, time of day (or night) of the occurrence, the loudness of the particular noise, its intermittency, quality, and so on.

Because of its non-permanent nature, and the fact that subjective opinions and individual sensitivity to different levels of sound vary, distinction must be drawn between noise levels and their effects which are an annoyance, and those which medical data indicate as having potentially permanent physiological and psychological results. This distinction is vitally important for the development of meaningful, realistic noise criteria and performance standards to effectively reduce excessive noise by the most practical means.

EFFECTS OF NOISE

Although motor vehicles contribute to noise pollution, transportation noise levels are usually not high enough to involve risk of hearing loss. Their contribution to the overall noise problem is essentially one of annoyance.

Since the object of motor vehicle noise control is to minimize annoyance to the public, the AMA commissioned a major study' to define what aspects of motor vehicle operation are most annoying to people. The study was intended to establish guidelines to needed areas of acoustical improvement of vehicles by manufacturers. The results of the study suggest an approach to diminishing the noise impact of motor vehicle traffic.

Some of the findings of the study are:

1. To reduce annoyance from motor vehicles most rapidly, the noise from vehicles that cause peaks above background levels should be reduced, because it is the occasional noise excursion that produces most complaints.

2. In the majority of cases where people expressed annoyance at a specific vehicle noise event they felt that it was a situation the driver could control such as tire squeal, hot rodding, and similar operations.

3. Annoying noise sources are relatively close to the auditor, e.g., 70 percent of the exposures described as annoying were within one hundred feet of the noise source.

4. Most people who express annoyance indicate that they are at home when the annoyance occurs and it is generally in the evening.

STRATEGY FOR REDUCING MOTOR VEHICLE NOISE

Although these are only a few of the findings of the study, they indicate the basis on which a sound program for reducing motor vehicle noise annoyance should be developed.

First, the assertion that peak noise levels are major contributors to annoyance is not to imply that reduction of an excessively high overall background level would not be a worthwhile objective. It is intended to show that the most cost-effective means of reducing annoyance is to start with Federal standards that restrict the noise output of known sources that exceed the ambient level significantly. These include motorcycles, buses, sports cars, large trucks and poorly maintained vehicles.

Second, the fact that people are annoyed by situations that are controllable by the operator suggests that local control of vehicle operation is necessary regardless of specifications for vehicle construction. Reckless driving, speeding, "reving the engines," and modification of exhaust systems are amenable to local control only. Preparation of model ordinances for the guidance of local communities, and development of simple, effective techniques which can be used by state and local officials to apprehend and convict violators are constructive actions that should be undertaken by the Office of Noise Abatement and Control.

1 Motor Vehlice Noise: Identification and Analysis of Situations Contributing to Annoyance-Bolt, Beranek and Newman, 1971.