[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]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
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
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.
(Pub. L. 92-574, Sec. 3, Oct. 27, 1972, 86 Stat. 1234.)
Codification
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,
Transportation.
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
Possessions.
Section Referred to in Other Sections
This section is referred to in section 4903 of this title.