42 U.S.C. § 4902: Definitions

Summary

Defines the main words used in this part of the law. Administrator is the head of the Environmental Protection Agency. Person means a human, a company, partnership, or group, and, except as noted in sections 4910(e) and 4911(a), can include U.S., state, or local government officers and agencies. Product means a made item or part, but not aircraft as defined in 49 U.S.C. 40102(a), and not military weapons, certain rockets or NASA research gear, or other federal experimental machinery as the Administrator’s rules allow. Ultimate purchaser is the first buyer who buys for use, not to resell. New product is one never sold to an ultimate purchaser or an imported item made after rules under sections 4905 or 4907 would apply. Manufacturer is someone who makes, assembles, or imports new products for resale. Commerce means trade or transport between a state and places outside it, or activity that affects that trade. Distribute in commerce means sell or offer for sale. State includes D.C. and listed territories. Federal agency means an executive agency and includes the U.S. Postal Service. Environmental noise means how loud, how long, and what kind of sounds come from all sources.

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