42 U.S.C. § 4903 — Federal programs
submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 648 words · no verdicts yet
Federal agencies must carry out their programs, as far as their legal authority allows, to support the federal noise-control policy. The section requires federal compliance, permits limited presidential exemptions, and assigns the Administrator coordination and reporting duties.
(a) Congress directs federal agencies, as fully as their authority under the laws they administer allows, to carry out their programs in a way that advances the policy in section 4901(b).
(b) Every department, agency, or instrumentality of the executive, legislative, or judicial branch that (1) controls property or a facility, or (2) conducts an activity that emits or may emit noise, must comply with federal, State*, interstate, and local environmental-noise control and abatement requirements to the same extent as any person*. The President may exempt one executive-branch activity or facility, including a noise source or class of sources, if doing so is in the paramount interest of the United States. Except for products described in section 4902(3)(B), an exemption may not cover sections 4905, 4916, or 4917. Lack of an appropriation cannot justify an exemption unless the President specifically requested the money through the budget process and Congress did not provide it. An exemption may last no more than one year, though additional one-year exemptions may follow a new determination. Each January the President must report to Congress every exemption granted in the prior calendar year and the reason.
(c)(1) The Administrator* must coordinate all federal noise-research and noise-control programs. Each agency must provide information the Administrator reasonably requests about its programs’ nature, scope, and results. (2) Each agency must consult the Administrator when setting noise standards or regulations. If the Administrator believes an agency standard or proposed standard does not protect health and welfare as much as necessary and feasible, the Administrator may ask the agency to review it and report on revision. The request may be published in the Federal Register and must include detailed supporting information. The agency must complete the review and report within the time the Administrator sets, which cannot be less than 90 days. The report must be published in the Federal Register with detailed findings and conclusions. For the Federal Aviation Administration, 49 U.S.C. § 44715 applies instead. (3) After regular consultation with appropriate agencies, the Administrator must periodically compile and publish a report on the status and progress of federal noise research and control. It must describe each agency’s noise-control program and assess its contribution to the federal government’s overall noise-control effort.
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.
Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government—
having jurisdiction over any property or facility, or
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 department, 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 exemption, 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 shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed 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.
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 Administrator such information as he may reasonably require to determine the nature, scope, and results of the noise-research and noise-control programs of the agency.
Each Federal agency shall consult with the Administrator in prescribing standards or regulations respecting noise. If at any time the Administrator has reason to believe that a standard or regulation, or any proposed standard or regulation, of any Federal agency respecting noise does not protect the public health and welfare 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 protection. 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 Administrator 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 published in the Federal Register and shall be accompanied by a detailed statement of the findings 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.
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 activities relating to noise research and noise control. 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.
Source credit: (Pub. L. 92–574, § 4, Oct. 27, 1972, 86 Stat. 1235.)
- 1972Enacted · Pub. L. 92-574 · 86 Stat. 1235
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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