Appendix D
Relevant Portions of the U.S. Code

PART A.
SECTION 4903 OF 42USC65

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov/uscode]

[Laws in effect as of January 3, 2006]

[CITE: 42USC4903]


TITLE 42—THE PUBLIC HEALTH AND WELFARE


CHAPTER 65—NOISE CONTROL


Sec. 4903. Federal programs

  1. 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.

  1. 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 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.

  1. Coordination of programs of Federal agencies; standards and regulations; status reports

    1. 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.

    2. 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



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Appendix D Relevant Portions of the u.S. Code PART A. SECTION 4903 OF 42uSC65 executive branch from compliance with any such require- ment if he determines it to be in the paramount interest of From the U.S. Code Online via GPO Access the United States to do so; except that no exemption, other [www.gpoaccess.go/uscode] than for those products referred to in section 4902(3)(B) of [Laws in effect as of January 3, 2006] this title, may be granted from the requirements of sections [CITE: 42USC4903] 4905, 4916, and 4917 of this title. No such exemption shall be granted due to lack of appropriation unless the President TITLE 42—THE PUBLIC HEALTH AND WELFARE shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to CHAPTER 65—NOISE CONTROL make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional Sec. 4903. Federal programs exemptions may be granted for periods of not to exceed one year upon the President’s making a new determination. (a) Furtherance of Congressional policy The President shall report each January to the Congress all exemptions from the requirements of this section granted The Congress authorizes and directs that Federal agen- during the preceding calendar year, together with his reason cies shall, to the fullest extent consistent with their author- for granting such exemption. ity under Federal laws administered by them, carry out the programs within their control in such a manner as to further (c) Coordination of programs of Federal agencies; standards the policy declared in section 4901(b) of this title. and regulations; status reports (b) Presidential authority to exempt activities or facilities (1) The Administrator shall coordinate the programs from compliance requirements of all Federal agencies relating to noise research and noise control. Each Federal agency shall, upon request, furnish to Each department, agency, or instrumentality of the the Administrator such information as he may reasonably executive, legislative, and judicial branches of the Federal require to determine the nature, scope, and results of the Government— noise-research and noise-control programs of the agency. (1) having jurisdiction over any property or facil- (2) Each Federal agency shall consult with the Admin- ity, or istrator in prescribing standards or regulations respecting (2) engaged in any activity resulting, or which may noise. If at any time the Administrator has reason to believe result, in the emission of noise, that a standard or regulation, or any proposed standard or regulation, of any Federal agency respecting noise does not shall comply with Federal, State, interstate, and local require- protect the public health and welfare to the extent he believes ments respecting control and abatement of environmental to be required and feasible, he may request such agency to noise to the same extent that any person is subject to such review and report to him on the advisability of revising such requirements. The President may exempt any single activ- standard or regulation to provide such protection. Any such ity or facility, including noise emission sources or classes request may be published in the Federal Register and shall be thereof, of any department, agency, or instrumentality in the accompanied by a detailed statement of the information on 

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4 TECHNOLOGY FOR A QUIETER AMERICA which it is based. Such agency shall complete the requested control research program designed to meet the objectives review and report to the Administrator within such time as of this chapter, and to otherwise carry out the policy of this the Administrator specifies in the request, but such time chapter, the Administrator shall, in cooperation with other specified may not be less than ninety days from the date the Federal agencies and through the use of grants, contracts, request was made. The report shall be published in the Fed- and direct Federal actions— eral Register and shall be accompanied by a detailed state- (a) develop and disseminate information and edu- ment of the findings and conclusions of the agency respecting cational materials to all segments of the public on the the revision of its standard or regulation. With respect to the public health and other effects of noise and the most Federal Aviation Administration, section 44715 of title 49 effective means for noise control, through the use of shall apply in lieu of this paragraph. materials for school curricula, volunteer organizations, (3) On the basis of regular consultation with appropri- radio and television programs, publication, and other ate Federal agencies, the Administrator shall compile and means; publish, from time to time, a report on the status and prog- (b) conduct or finance research directly or with ress of Federal activities relating to noise research and noise any public or private organization or any person on the control. This report shall describe the noise-control programs effects, measurement, and control of noise, including of each Federal agency and assess the contributions of those but not limited to— programs to the Federal Government’s overall efforts to (1) investigation of the psychological and control noise. physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and (Pub. L. 92-574, Sec. 4, Oct. 27, 1972, 86 Stat. 1235.) property, and the determination of dose/response relationships suitable for use in decisionmaking, Codification with special emphasis on the nonauditory effects of noise; In subsec. (c)(2), “section 44715 of title 49’’ substituted (2) investigation, development, and demon- for “section 611 of the Federal Aviation Act of 1958 (as stration of noise control technology for products amended by section 7 of this Act)’’ on authority of Pub. L. subject to possible regulation under sections 4905 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first and 4907 of this title and section 44715 of title section of which enacted subtitles II, III, and V to X of Title 49; 49, Transportation. (3) investigation, development, and demon- stration of monitoring equipment and other tech- Termination of Reporting Requirements nology especially suited for use by State and local noise control programs; For termination, effective May 15, 2000, of provisions (4) investigation of the economic impact of in subsec. (b) of this section relating to annual report to noise on property and human activities; and Congress, see section 3003 of Pub. L. 104-66, as amended, (5) investigation and demonstration of the set out as a note under section 1113 of Title 31, Money and use of economic incentives (including emission Finance, and item 7 on page 20 of House Document No. charges) in the control of noise; 103-7. (c) administer a nationwide Quiet Communities Program which shall include, but not be limited to— (1) grants to States, local governments, and PART B. SECTION 4913 OF 42uSC65 authorized regional planning agencies for the pur- From the U.S. Code Online via GPO Access pose of— [www.gpoaccess.gov/uscode/] (A) identifying and determining the nature [Laws in effect as of January 3, 2006] and extent of the noise problem within the [CITE: 42USC4913] subject jurisdiction; (B) planning, developing, and establish- TITLE 42—THE PUBLIC HEALTH AND WELFARE ing a noise control capacity in such jurisdic- tion, including purchasing initial equipment; CHAPTER 65—NOISE CONTROL (C) developing abatement plans for areas around major transportation facilities (includ- Sec. 4913. Quiet communities, research, and public ing airports, highways, and rail yards) and information other major stationary sources of noise, and, where appropriate, for the facility or source To promote the development of effective State and local itself; and, noise control programs, to provide an adequate Federal noise (D) evaluating techniques for controlling

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 APPENDIX D noise (including institutional arrangements) expertise, and preparation of model State or local legis- and demonstrating the best available tech - lation for noise control; and niques in such jurisdiction; (g) provide for the maximum use in programs as- (2) purchase of monitoring and other equip- sisted under this section of senior citizens and persons ment for loan to State and local noise control pro- eligible for participation in programs under the Older grams to meet special needs or assist in the begin- Americans Act [42 U.S.C. 3001 et seq.]. ning implementation of a noise control program or project; (Pub. L. 92-574, Sec. 14, Oct. 27, 1972, 86 Stat. 1244; Pub. (3) development and implementation of a L. 95-609, Sec. 2, Nov. 8, 1978, 92 Stat. 3079.) quality assurance program for equipment and moni- toring procedures of State and local noise control References in Text programs to help communities assure that their data collection activities are accurate; The Older Americans Act, referred to in subsec. (g), (4) conduct of studies and demonstrations probably means the Older Americans Act of 1965, Pub. L. to determine the resource and personnel needs of 89-73, July 14, 1965, 79 Stat. 218, as amended, which is States and local governments required for the es- classified generally to chapter 35 (Sec. 3001 et seq.) of this tablishment and implementation of effective noise title. For complete classification of this Act to the Code, see abatement and control programs; and Short Title note set out under section 3001 of this title and (5) development of education and training Tables. materials and programs, including national and re- gional workshops, to support State and local noise Codification abatement and control programs; In subsec. (b)(2), “section 44715 of title 49’’ substituted except that no actions, plans or programs hereunder shall for reference to section 7 of this Act, meaning section 7 of be inconsistent with existing Federal authority under Pub. L. 92-574, which generally amended section 611 of this chapter to regulate sources of noise in interstate the Federal Aviation Act of 1958 (49 App. U.S.C. 1431), on commerce; authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 (d) develop and implement a national noise en- Stat. 1378, the first section of which enacted subtitles II, III, vironmental assessment program to identify trends in and V to X of Title 49, Transportation. noise exposure and response, ambient levels, and com- pliance data and to determine otherwise the effective- Amendments ness of noise abatement actions through the collection of physical, social, and human response data; 1978—Pub. L. 95-609 completely revised and restruc- (e) establish regional technical assistance centers tured existing provisions, inserting provisions relating to which use the capabilities of university and private authorized use of grants and direct action, investigation of organizations to assist State and local noise control economic impact of noise, administration of Quiet Commu- programs; nities Program, development of noise assessment program, (f) provide technical assistance to State and lo- establishment of regional centers, technical assistance to cal governments to facilitate their development and State and local governments, and use by senior citizens of enforcement of noise control, including direct onsite these programs. assistance of agency or other personnel with technical

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