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Technology for a Quieter America 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 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. 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— 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. Coordination of programs of Federal agencies; standards and regulations; status reports 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
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Technology for a Quieter America 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. (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. Termination of Reporting Requirements For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 7 on page 20 of House Document No. 103-7. PART B. SECTION 4913 OF 42USC65 From the U.S. Code Online via GPO Access [www.gpoaccess.gov/uscode/] [Laws in effect as of January 3, 2006] [CITE: 42USC4913] TITLE 42—THE PUBLIC HEALTH AND WELFARE CHAPTER 65—NOISE CONTROL Sec. 4913. Quiet communities, research, and public information To promote the development of effective State and local noise control programs, to provide an adequate Federal noise control research program designed to meet the objectives of this chapter, and to otherwise carry out the policy of this chapter, the Administrator shall, in cooperation with other Federal agencies and through the use of grants, contracts, and direct Federal actions— develop and disseminate information and educational materials to all segments of the public on the public health and other effects of noise and the most effective means for noise control, through the use of materials for school curricula, volunteer organizations, radio and television programs, publication, and other means; conduct or finance research directly or with any public or private organization or any person on the effects, measurement, and control of noise, including but not limited to— investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and the determination of dose/response relationships suitable for use in decisionmaking, with special emphasis on the nonauditory effects of noise; investigation, development, and demonstration of noise control technology for products subject to possible regulation under sections 4905 and 4907 of this title and section 44715 of title 49; investigation, development, and demonstration of monitoring equipment and other technology especially suited for use by State and local noise control programs; investigation of the economic impact of noise on property and human activities; and investigation and demonstration of the use of economic incentives (including emission charges) in the control of noise; administer a nationwide Quiet Communities Program which shall include, but not be limited to— grants to States, local governments, and authorized regional planning agencies for the purpose of— identifying and determining the nature and extent of the noise problem within the subject jurisdiction; planning, developing, and establishing a noise control capacity in such jurisdiction, including purchasing initial equipment; developing abatement plans for areas around major transportation facilities (including airports, highways, and rail yards) and other major stationary sources of noise, and, where appropriate, for the facility or source itself; and, evaluating techniques for controlling
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Technology for a Quieter America noise (including institutional arrangements) and demonstrating the best available techniques in such jurisdiction; purchase of monitoring and other equipment for loan to State and local noise control programs to meet special needs or assist in the beginning implementation of a noise control program or project; development and implementation of a quality assurance program for equipment and monitoring procedures of State and local noise control programs to help communities assure that their data collection activities are accurate; conduct of studies and demonstrations to determine the resource and personnel needs of States and local governments required for the establishment and implementation of effective noise abatement and control programs; and development of education and training materials and programs, including national and regional workshops, to support State and local noise abatement and control programs; except that no actions, plans or programs hereunder shall be inconsistent with existing Federal authority under this chapter to regulate sources of noise in interstate commerce; develop and implement a national noise environmental assessment program to identify trends in noise exposure and response, ambient levels, and compliance data and to determine otherwise the effectiveness of noise abatement actions through the collection of physical, social, and human response data; establish regional technical assistance centers which use the capabilities of university and private organizations to assist State and local noise control programs; provide technical assistance to State and local governments to facilitate their development and enforcement of noise control, including direct onsite assistance of agency or other personnel with technical expertise, and preparation of model State or local legislation for noise control; and provide for the maximum use in programs assisted under this section of senior citizens and persons eligible for participation in programs under the Older Americans Act [42 U.S.C. 3001 et seq.]. (Pub. L. 92-574, Sec. 14, Oct. 27, 1972, 86 Stat. 1244; Pub. L. 95-609, Sec. 2, Nov. 8, 1978, 92 Stat. 3079.) References in Text The Older Americans Act, referred to in subsec. (g), probably means the Older Americans Act of 1965, Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is classified generally to chapter 35 (Sec. 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. Codification In subsec. (b)(2), “section 44715 of title 49’’ substituted for reference to section 7 of this Act, meaning section 7 of Pub. L. 92-574, which generally amended section 611 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1431), 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. Amendments 1978—Pub. L. 95-609 completely revised and restructured existing provisions, inserting provisions relating to authorized use of grants and direct action, investigation of economic impact of noise, administration of Quiet Communities Program, development of noise assessment program, establishment of regional centers, technical assistance to State and local governments, and use by senior citizens of these programs.
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