Title 42, The Public Health and WelfareRelease 119-110

§4903 Federal Programs

Title 42 › CHAPTER 65 — NOISE CONTROL › § 4903

Last updated Sep 22, 2026|Official source

Summary

Federal agencies must run their programs so they help the noise policy in section 4901(b). All departments, agencies, and other federal parts in the executive, legislative, and judicial branches that own property or do things that can make noise must follow federal, state, interstate, and local noise rules just like any other person. The President can excuse a single executive-branch activity or facility from those rules if he finds it is in the nation’s paramount interest. Any such exemption can last no more than one year, but the President can renew it each year with a new decision. No exemption (except for products named in section 4902(3)(B)) may remove the requirements in sections 4905, 4916, or 4917. An exemption cannot be based on lack of funding unless the President asked for the money in the budget and Congress did not provide it. Each January the President must tell Congress about all exemptions given in the prior calendar year and explain why. The Administrator must coordinate federal noise research and control programs. Agencies must give the Administrator information when asked and must consult the Administrator when making noise standards or rules. If the Administrator believes a rule does not protect public health and welfare as needed and feasible, he may ask the agency to review it, publish the request and reasons, and get a written report back within a time the Administrator sets (not less than 90 days). The Federal Aviation Administration follows 49 U.S.C. 44715 instead of this review process. The Administrator must also publish periodic reports on the status and progress of federal noise programs.

Full Legal Text

Title 42, §4903

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

(a)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.
(b)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—
(1)having jurisdiction over any property or facility, or
(2)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 section 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.
(c)Coordination of programs of Federal agencies; standards and regulations; status reports
(1)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.
(2)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 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.
(3)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 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.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4903

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110