42 U.S.C. § 4901 — Congressional findings and statement of

Page 6244 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4871 to 4883 (Pub. L. 102–550, title X, § 1061, Oct. 28, 1992, 106 Stat. 3926.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title X of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3897, known as the Residential Lead-Based Paint Hazard Reduction Act of 1992. For complete classification of this title to the Code, see Short Title note set out under section 4851 of this title and Tables. CHAPTER 64—PUBLIC SERVICE EMPLOYMENT PROGRAMS §§ 4871 to 4883. Omitted Editorial Notes CODIFICATION The public service employment programs covered by this chapter and authorized pursuant to the Emergency Employment Act of 1971, Pub. L. 92–54, July 12, 1971, 85 Stat. 146, which enacted this chapter, are omitted be- cause appropriations were not authorized after June 30, 1973. Similar public service employment programs were included in the Comprehensive Employment and Train- ing Act of 1973, Pub. L. 93–203, title II, §§ 201–211, Dec. 28, 1973, 87 Stat. 850–857, which was classified to section 841 et seq. of Title 29, Labor, and was repealed by section 184(a)(1) of the Job Training Partnership Act, Pub. L. 97–300, title I, Oct. 13, 1982, 96 Stat. 1357. The Job Train- ing Partnership Act was classified principally to chap- ter 19 (§ 1501 et seq.) of Title 29 and was repealed by Pub. L. 105–220, title I, § 199(b)(2), 112 Stat. 1059, effective July 1, 2000. Section 4871, Pub. L. 92–54, § 2, July 12, 1971, 85 Stat. 146, set forth Congressional statement of findings and purpose. Section 4872, Pub. L. 92–54, § 3, July 12, 1971, 85 Stat. 147, related to financial assistance. Section 4873, Pub. L. 92–54, § 4, July 12, 1971, 85 Stat. 147, related to eligibility of applicants. Section 4874, Pub. L. 92–54, § 5, July 12, 1971, 85 Stat. 148, related to authorization of appropriations and the national unemployment rate. Section 4875, Pub. L. 92–54, § 6, July 12, 1971, 85 Stat. 148, related to special employment assistance. Section 4876, Pub. L. 92–54, § 7, July 12, 1971, 85 Stat. 149, related to applications for financial assistance. Section 4877, Pub. L. 92–54, § 8, July 12, 1971, 85 Stat. 151, related to approval of applications and non-Federal contributions. Section 4878, Pub. L. 92–54, § 9, July 12, 1971, 85 Stat. 151, related to interstate and intrastate allocation of funds. Section 4879, Pub. L. 92–54, § 10, July 12, 1971, 85 Stat. 152, related to training and manpower services. Section 4880, Pub. L. 92–54, § 11, July 12, 1971, 85 Stat. 152, related to periodic review and evaluation by the Secretary. Section 4881, Pub. L. 92–54, § 12, July 12, 1971, 85 Stat. 153, set forth special provisions relating to programs. Section 4882, Pub. L. 92–54, § 13, July 12, 1971, 85 Stat. 155, related to a special report to Congress. Section 4883, Pub. L. 92–54, § 14, July 12, 1971, 85 Stat. 155, set forth definitions. CHAPTER 65—NOISE CONTROL Sec. 4901. Congressional findings and statement of pol- icy. 4902. Definitions. 4903. Federal programs. 4904. Identification of major noise sources. 4905. Noise emission standards for products distrib- uted in commerce. Sec. 4906. Omitted. 4907. Labeling. 4908. Imports. 4909. Prohibited acts. 4910. Enforcement. 4911. Citizen suits. 4912. Records, reports, and information. 4913. Quiet communities, research, and public in- formation. 4914. Development of low-noise-emission products. 4915. Judicial review. 4916. Railroad noise emission standards. 4917. Motor carrier noise emission standards. 4918. Authorization of appropriations. § 4901. Congressional findings and statement of policy (a) The Congress finds— (1) that inadequately controlled noise pre- sents a growing danger to the health and wel- fare of the Nation’s population, particularly in urban areas; (2) that the major sources of noise include transportation vehicles and equipment, ma- chinery, appliances, and other products in commerce; and (3) that, while primary responsibility for control of noise rests with State and local gov- ernments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treat- ment. (b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopard- izes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission stand- ards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction charac- teristics of such products. (Pub. L. 92–574, § 2, Oct. 27, 1972, 86 Stat. 1234.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–609, § 1, Nov. 8, 1978, 92 Stat. 3079, provided: ‘‘That this Act [amending sections 4905, 4910, 4913, 4918, 6901, 6903, 6907, 6913, 6922, 6923, 6925, to 6928, 6947, 6961, 6962, 6964, 6972, 6973, 6977, and 6981 to 6984 of this title and section 1431 of former Title 49, Transportation, and enacting provision set out as a note under section 1431 of former Title 49] may be cited as the ‘Quiet Commu- nities Act of 1978’.’’ SHORT TITLE Pub. L. 92–574, § 1, Oct. 27, 1972, 86 Stat. 1234, provided that: ‘‘This Act [enacting this chapter, amending sec- tion 1431 of former Title 49, Transportation, and enact- ing provisions set out as notes under this section and section 1431 of former Title 49] may be cited as the ‘Noise Control Act of 1972’.’’ Executive Documents FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- 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.