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42 U.S.C. § 4914 — Development of low-noise-emission products
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section:
(1) The term “Committee” means the Low-Noise-Emission Product Advisory Committee.
(2) The term “Federal Government” includes 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 specified in noise emission standards under regulations applicable under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) 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) Certification of products; Low-Noise-Emission Product Advisory Committee**
(1) The Administrator shall determine which products qualify as low-noise-emission products in accordance with the provisions 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 Low-Noise-Emission Product Advisory Committee to assist him in determining which products qualify as low-noise-emission products for purposes of this section. The Committee shall include the Administrator
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Source file: Laws/federal/codes/united-states-code/title-42/section-4914-development-of-low-noise-emission-products--87e6032d60.md
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Source location: Title 42, Chapter 65, § 4914; chapter-065-noise-control.md
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**(a) Definitions** For the purpose of this section:
(1) The term “Committee” means the Low-Noise-Emission Product Advisory Committee.
(2) The term “Federal Government” includes 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 specified in noise emission standards under regulations applicable under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) 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) Certification of products; Low-Noise-Emission Product Advisory Committee**
(1) The Administrator shall determine which products qualify as low-noise-emission products in accordance with the provisions 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 Low-Noise-Emission Product Advisory Committee 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 National Institute of Standards and Technology, and representatives of such other Federal agencies and private individuals as the Administrator may deem necessary from time to time. Any member 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 reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim) 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 section 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 determinations for the purpose of this section in accordance with procedures prescribed by him by regulation.
(D) The Administrator shall conduct whatever investigation is necessary, including actual inspection of the product at a place designated in regulations prescribed under subparagraph (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 substitute for any class or classes of products presently being purchased by the Federal Government for use by its agencies.
(G) Immediately upon making any determination or decision under subparagraph (F), the Administrator shall publish in the Federal Register notice of such determination or decision, including reasons therefor.
**(c) Federal procurement of low-noise-emission products**
(1) Certified low-noise-emission products 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 determines 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 incorporated in any contract for the procurement of such product.
**(d) Product selection** The procuring agency shall be required to purchase available certified low-noise-emission products which are eligible for purchase to the extent they are available before purchasing any other products for which any low-noise-emission product is a certified substitute. In making purchasing selections between competing eligible certified low-noise-emission products, the procuring agency shall 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 significantly in excess of those products for which it is a certified substitute.
**(e) Waiver of statutory price limitations** For the purpose of procuring certified low-noise-emission products any statutory price limitations shall be waived.
**(f) Tests of noise emissions from products purchased by Federal Government** The Administrator shall, from time to time as he deems appropriate, test the emissions of noise from certified low-noise-emission products purchased by the Federal Government. 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 supplier of such product written notice of this finding, issue public notice of it, and give the supplier an opportunity to make necessary repairs, adjustments, or replacements. If no such repairs, adjustments, or replacements 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) Authorization of appropriations** There are authorized to be appropriated for paying additional amounts for products 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, $2,200,000 for the fiscal year ending June 30, 1976, $550,000 for the transition period of July 1, 1976, through September 30, 1976, and $2,420,000 for the fiscal year ending September 30, 1977.
**(h) Promulgation of procedures** The Administrator shall promulgate the procedures required to implement this section within one hundred and eighty days after October 27, 1972.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
(2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
**(b) Charters.—**
(1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim).
(2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1013
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proposed regulations**
(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 under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) 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:
(i) Construction equipment.
(ii) Transportation equipment (including recreational vehicles and related equipment).
(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 under paragraph (1) shall be published not later than eighteen months after October 27, 1972, 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 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) 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 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such prod
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4905
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Federal law — U.S. Code and appendices · legal_authorities
An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5703
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under [section 104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim) shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.
(3) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 142
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Federal law — U.S. Code and appendices · legal_authorities
Page 6251
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4914
under sections 4905 and 4907 of this title and
section 44715 of title 49;
(3) investigation, development, and dem-
onstration of monitoring equipment and
other technology especially suited for use by
State and local noise control programs;
(4) investigation of the economic impact of
noise on property and human activities; and
(5) investigation and demonstration of the
use of economic incentives (including emis-
sion charges) in the control of noise;
(c) administer a nationwide Quiet Commu-
nities Program which shall include, but not be
limited to—
(1) grants to States, local governments,
and authorized regional planning agencies
for the purpose of—
(A) identifying and determining the na-
ture and extent of the noise problem with-
in the subject jurisdiction;
(B) planning, developing, and estab-
lishing a noise control capacity in such ju-
risdiction, including purchasing initial
equipment;
(C) developing abatement plans for areas
around major transportation facilities (in-
cluding airports, highways, and rail yards)
and other major stationary sources of
noise, and, where appropriate, for the fa-
cility or source itself; and,
(D) evaluating techniques for controlling
noise
(including
institutional
arrange-
ments) and demonstrating the best avail-
able techniques in such jurisdiction;
(2) purchase of monitoring and other
equipment for loan to State and local noise
control programs to meet special needs or
assist in the beginning implementation of a
noise control program or project;
(3) development and implementation of a
quality assurance program for equipment
and monitoring procedures of State and
local noise control programs to help commu-
nities assure that their data collection ac-
t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4914
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