[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4903]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 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 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.
(c) 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 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.
(3) 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 .
(Pub. L. 92-574, Sec. 4, Oct. 27, 1972, 86 Stat. 1235.)
Codification
In subsec. (c)(2), ``section 44715 of title 49'' substituted for
``section 611 of the Federal Aviation Act of 1958 (as amended by section
7 of this Act)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,
1994, 108 Stat. 1378, the first section of which enacted subtitles II,
III, and V to X of Title 49, Transportation.