42 U.S.C. § 4903 — Federal programs

Page 6245 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4903 plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. § 4902. Definitions For purposes of this chapter: (1) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) The term ‘‘person’’ means an individual, corporation, partnership, or association, and (except as provided in sections 4910(e) and 4911(a) of this title) includes any officer, em- ployee, department, agency, or instrumen- tality of the United States, a State, or any po- litical subdivision of a State. (3) The term ‘‘product’’ means any manufac- tured article or goods or component thereof; except that such term does not include— (A) any aircraft, aircraft engine, propeller, or appliance, as such terms are defined in section 40102(a) of title 49; or (B)(i) any military weapons or equipment which are designed for combat use; (ii) any rockets or equipment which are designed for research, experimental, or developmental work to be performed by the National Aero- nautics and Space Administration; or (iii) to the extent provided by regulations of the Administrator, any other machinery or equipment designed for use in experimental work done by or for the Federal Govern- ment. (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 ultimate pur- chaser, 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 4905 or 4907 of this title which would have been applicable to such product had it been manufactured in the United States. (6) The term ‘‘manufacturer’’ means any per- son engaged in the manufacturing or assem- bling of new products, or the importing of new products for resale, or who acts for, and is con- trolled by, any such person in connection with the distribution of such products. (7) The term ‘‘commerce’’ means trade, traf- fic, 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). (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 Pacific Islands. (10) The term ‘‘Federal agency’’ means an executive agency (as defined in section 105 of title 5) and includes the United States Postal Service. (11) The term ‘‘environmental noise’’ means the intensity, duration, and the character of sounds from all sources. (Pub. L. 92–574, § 3, Oct. 27, 1972, 86 Stat. 1234.) Editorial Notes CODIFICATION In par. (3)(A), ‘‘section 40102(a) of title 49’’ substituted for ‘‘section 101 of the Federal Aviation Act of 1958’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4903. Federal programs (a) Furtherance of Congressional policy The Congress authorizes and directs that Fed- eral agencies shall, to the fullest extent con- sistent with their authority under Federal laws administered by them, carry out the programs within their control in such a manner as to fur- ther the policy declared in section 4901(b) of this title. (b) Presidential authority to exempt activities or facilities from compliance requirements Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government— (1) having jurisdiction over any property or facility, or (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 re- quirements. The President may exempt any sin- gle 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 require- ment 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 prod- ucts referred to in section 4902(3)(B) of this title, may be granted from the requirements of sec- tions 4905, 4916, and 4917 of this title. No such ex- emption shall be granted due to lack of appro- priation unless the President shall have specifi- cally requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested ap- propriation. Any exemption shall be for a period not in excess of one year, but additional exemp- tions may be granted for periods of not to ex- ceed 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 exemption. Page 6246 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4904 (c) Coordination of programs of Federal agen- cies; standards and regulations; status re- ports (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 Ad- ministrator such information as he may reason- ably require to determine the nature, scope, and results of the noise-research and noise-control programs of the agency. (2) Each Federal agency shall consult with the Administrator in prescribing standards or regu- lations respecting noise. If at any time the Ad- ministrator has reason to believe that a stand- ard or regulation, or any proposed standard or regulation, of any Federal agency respecting noise does not protect the public health and wel- fare 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 pro- tection. Any such request may be published in the Federal Register and shall be accompanied by a detailed statement of the information on which it is based. Such agency shall complete the requested review and report to the Adminis- trator within such time as the Administrator specifies in the request, but such time specified may not be less than ninety days from the date the request was made. The report shall be pub- lished in the Federal Register and shall be ac- companied by a detailed statement of the find- ings and conclusions of the agency respecting the revision of its standard or regulation. With respect to the Federal Aviation Administration, section 44715 of title 49 shall apply in lieu of this paragraph. (3) On the basis of regular consultation with appropriate Federal agencies, the Administrator shall compile and publish, from time to time, a report on the status and progress of Federal ac- tivities relating to noise research and noise con- trol. This report shall describe the noise-control programs of each Federal agency and assess the contributions of those programs to the Federal Government’s overall efforts to control noise. (Pub. L. 92–574, § 4, Oct. 27, 1972, 86 Stat. 1235.) Editorial Notes CODIFICATION In subsec. (c)(2), ‘‘section 44715 of title 49’’ substituted for ‘‘section 611 of the Federal Aviation Act of 1958 (as amended by section 7 of this Act)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 7 on page 20 of House Document No. 103–7. § 4904. Identification of major noise sources (a) Development and publication of criteria (1) The Administrator shall, after consultation with appropriate Federal agencies and within nine months of October 27, 1972, develop and pub- lish criteria with respect to noise. Such criteria shall reflect the scientific knowledge most use- ful in indicating the kind and extent of all iden- tifiable effects on the public health or welfare which may be expected from differing quantities and qualities of noise. (2) The Administrator shall, after consultation with appropriate Federal agencies and within twelve months of October 27, 1972, publish infor- mation on the levels of environmental noise the attainment 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) Compilation and publication of reports on noise sources and control technology The Administrator shall, after consultation with appropriate Federal agencies, compile and publish a report or series of reports (1) identi- fying products (or classes of products) which in his judgment are major sources of noise, and (2) giving information on techniques for control of noise from such products, including available data on the technology, costs, and alternative methods of noise control. The first such report shall be published not later than eighteen months after October 27, 1972. (c) Supplemental criteria and reports The Administrator shall from time to time re- view and, as appropriate, revise or supplement any criteria or reports published under this sec- tion. (d) Publication in Federal Register Any report (or revision thereof) under sub- section (b)(1) identifying major noise sources shall be published in the Federal Register. The publication or revision under this section of any criteria or information on control techniques shall be announced in the Federal Register, and copies shall be made available to the general public. (Pub. L. 92–574, § 5, Oct. 27, 1972, 86 Stat. 1236.) § 4905. Noise emission standards for products distributed in commerce (a) Proposed regulations (1) The Administrator shall publish proposed regulations, meeting the requirements of sub- section (c), for each product— (A) which is identified (or is part of a class identified) in any report published under sec- tion 4904(b)(1) of this title as a major source of noise, (B) for which, in his judgment, noise emis- sion standards are feasible, and (C) which falls in one of the following cat- egories: (i) Construction equipment. (ii) Transportation equipment (including 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 under para- graph (1) shall be published not later than eight-