§4902 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in this chapter. Administrator means the head of the Environmental Protection Agency (EPA). Person means an individual, company, partnership, or association and, except in two specific places noted elsewhere, also includes federal, state, or local officers and agencies. Product means a made item or part, but it does not include aircraft or aircraft parts as defined in 49 U.S.C. 40102(a), or certain military gear, NASA research rockets, or other federal experimental machinery as the EPA may limit by rule. Ultimate purchaser means the first person who buys a product in good faith for use, not for resale. New product means either one never sold to an ultimate purchaser or an imported item made after a regulation under section 4905 or 4907 took effect that would have applied if made in the United States. Manufacturer means someone who makes or assembles new products, imports them to resell, or acts for and is controlled by such a person in distributing them. Commerce means trade or transportation across state lines or that affects such trade. Distribute in commerce means to sell, offer for sale, or put a product into trade. State includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. Federal agency means an executive agency under 5 U.S.C. 105 and includes the United States Postal Service. Environmental noise means the loudness, length, and character of sounds from any source.

Title 42, §4902

The Public Health and Welfare — Source: USLM XML via OLRC

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 section 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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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.

Executive Documents

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.

§4902 Definitions

Summary

Title 42, §4902

Notes & Related Subsidiaries

Editorial Notes

Executive Documents

Citations & Metadata