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§ 4901. Congressional findings and statement of policy. 



(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 commerce control of which require na- 

 tional 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 that end, it is the purpose of 

 this chapter to establish a means for effective coordi- 

 nation of Federal research and activities in noise 

 control, to authorize the establishment of Federal 

 noise emission standards for products distributed In 

 commerce, and to provide information to the public 

 respecting the noise emission and noise reduction 

 characteristics of such products. (Pub. L. 92-^74, 

 § 2, Oct. 27, 1972, 86 Stat. 1234.) 



§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 (ex- 

 cept as provided In sections 4910(e) and 4911(a) 

 of this title) includes any officer, employee, de- 

 partment, agency, or instrumentality of the United 

 States, a State, or any political subdivision of a 

 State. 



(3) The term "product" means any manufac- 

 tured article or goods or component thereof; ex- 

 cept that such term does not include — 



(A) any aircraft, aircraft engine, propeller, 

 or appliance, as such terms are defined in sec- 

 tion 1301 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 re- 

 search, experimental, or developmental work 

 to be performed by the National Aeronautics 

 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 Government. 



(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 lA) a prod- 

 uct the equitable or legal title of which has never 

 been transferred to an ultimate purchaser, or (B) 

 a product which is imported or offered for impor- 

 tation into the United States and which is manu- 

 factured 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 person 

 engaged in the manufacturing or assembling of 

 new products, or the importing of new products 

 for resale, or who acts for. and is controlled by, 

 any such person in connection with the distribu- 

 tion of such products. 



(7) The term "commerce" means trade, traffic, 

 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 ex- 

 ecutive agency (as defined in section 105 of Title 

 6) 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. 92-674, S 3, Oct. 27, 1972, 86 Stat. 1234.) 



Section RiriRREo to in Other Sections 

 This ssctlon is referred to in section 4903 of this title. 



§4903. Federal programs. 



(a) Furtherance of Congressional policy. 



The Congress authorizes and directs that Federal 

 agencies shall, to the fullest extent consistent with 

 their authority under Federal laws administered by 

 them, carry out the programs within their control 

 in such a manner as to further 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 requirements. The President 

 may exempt any single activity or facility, including 

 noise emission sources or classes thereof, of any de- 

 partment, agency, or instrumentality in the executive 

 branch from compliance with any such requirement 

 if he determines it to be in the paramount interest 

 of the United States to do so; except that no exemp- 

 tion, other than for those products referred to in 

 section 4902(3) (b) of this title, may be granted from 

 the requirements of sections 4905, 4916, and 4917 

 of this title. No such exemption shall be granted 

 due to lack of appropriation unless the President 



