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42 U.S.C. § 4902Definitions

submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 432 words · no verdicts yet

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This section defines terms used in the noise-control chapter. It identifies covered people, products, manufacturers, commerce, federal agencies, and environmental noise, with several stated exclusions.

For this chapter: (1) “Administrator” means the EPA Administrator. This section does not otherwise define that office. (2) “Person” means an individual, corporation, partnership, or association and, except as sections 4910(e) and 4911(a) provide, includes officers, employees, departments, agencies, and instrumentalities of the United States, a State, or a State political subdivision. (3) “Product” means a manufactured article, goods, or a component, but excludes (A) aircraft, aircraft engines, propellers, or appliances as defined in 49 U.S.C. § 40102(a); and (B) (i) military weapons or equipment designed for combat; (ii) rockets or equipment designed for NASA research, experimental, or development work; and (iii) other machinery or equipment designed for federal experimental work, to the extent the Administrator’s regulations provide. (4) “Ultimate purchaser” means the first person who, in good faith, buys a product for something other than resale. (5) “New product” means (A) a product whose legal or equitable title has never passed to an ultimate purchaser, or (B) a product imported or offered for import that was made after a section 4905 or 4907 regulation’s effective date and would have been covered if made in the United States. (6) “Manufacturer” means a person who makes or assembles new products, imports them for resale, or acts for and is controlled by such a person in distributing them. (7) “Commerce” means trade, traffic, commerce, or transportation (A) between a place in a State and a place outside it, or (B) that affects that activity. (8) “Distribute in commerce” means sell, offer for sale, introduce, or deliver for introduction into commerce. (9) “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. (10) “Federal agency” means an executive agency as defined in 5 U.S.C. § 105 and includes the United States Postal Service. (11) “Environmental noise” means the intensity, duration, and character of sounds from all sources.
the actual law source: uscode.house.gov ↗public domain

For purposes of this chapter:

(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 4910(e) and 4911(a) of this title) 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—

(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 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 (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 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 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) and includes the United States Postal Service.

(11)

The term “environmental noise” means the intensity, duration, and the character of sounds from all sources.

Source credit: (Pub. L. 92–574, § 3, Oct. 27, 1972, 86 Stat. 1234.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-574 · 86 Stat. 1234

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-574 on 1972-10-27.

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