[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and August 28, 1996]
[CITE: 42USC4902]


                        CHAPTER   65--NOISE
Sec. 4902. Definitions

    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 
            (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.

(Pub. L. 92-574, Sec. 3, Oct. 27, 1972, 86 Stat. 1234.)


    In par. (3)(A), ``section 40102(a) of title 49'' substituted for 
``section 101 of the Federal Aviation Act of 1958'' 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, 

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 

                  Section Referred to in Other Sections

    This section is referred to in section 4903 of this title.


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