NOISE CONTROL ACT OF 1972 (PUBLIC LAW 92-574; OCT. 27, 1972) SHORT TITLE SECTION 1. This Act may be cited as the "Noise Control 42 U.s.C. 4901 Act of 1972". FINDINGS AND POLICY SEC. 2(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 national 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 Act to establish a means for effective coordination 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. DEFINITIONS SEC. 3. For purposes of this Act: (1) The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) The term "person" means an individual, corporation, partnership, or association, and (except as provided in sections 11(e) and 12(a)) includes any officer, employee, department, agency, or instrumentality of the United States, a State, or any political subdivision of a State. (3) The term "product" means any manufactured article or goods or component thereof; except that such term does not include Note 42 U.S.C. 4901 42 U.S.C. 4902 NOISE CONTROL ACT OF 1972 (PUBLIC LAW 92-574; Oct. 27, 1972) SHORT TITLE SECTION 1. This Act may be cited as the "Noise Control 42 U.S.c. 4901 Act of 1972". FINDINGS AND POLICY SEC. 2(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 national 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 Act to establish a means for effective coordination 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. DEFINITIONS SEC. 3. For purposes of this Act: (1) The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) The term "person" means an individual, corporation, partnership, or association, and (except as provided in sections 11(e) and 12(a)) includes any officer, employee, department, agency, or instrumentality of the United States, a State, or any political subdivision of a State. (3) The term "product" means any manufactured article or goods or component thereof; except that such term does not include Note 42 U.S.C. 4901 42 U.S.C. 4902 (A) any aircraft, aircraft engine, propeller, or appliance, as such terms are defined in section 101 of the Federal Aviation Act of 1958; 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 Aeronautics and Space Administration; or (iii) to the extent províded 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 (A) a product 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 importation into the United States and which is manufactured after the effective date of a regulation under section 6 or section 8 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 distribution 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 executive agency (as defined in section 105 of title 5, United States Code) and includes the United States Postal Service. (11) The term "environmental noise" means the intensity, duration, and the character of sounds from all sources. |