U.S. Code » Title 42 » Chapter CHAPTER 65— NOISE CONTROL

42 U.S.C. § 4903

Federal programs

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(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 requirementsEach 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 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.(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.(Pub. L. 92–574, § 4, Oct. 27, 1972, 86 Stat. 1235.)Editorial NotesCodification

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 SubsidiariesTermination 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.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1974–2021 · leading case: Carlos Romero-Barcelo, Etc. v. Harold Brown, 643 F.2d 835 (1st Cir. 1981).
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Carlos Romero-Barcelo, Etc. v. Harold Brown, 643 F.2d 835 (1st Cir. 1981). · cites it 6× “33, § 1365,"and the requirements of § 4 of the Noise Control Act, 42 U.S.C. § 4903 (a)? 6. Do the Navy’s activities on Vieques violate the Endangered Species Act of 1973, 16 U.”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979). · cites it 2× “” (See 42 U.S.C. § 4903 (b)). (Emphasis supplied).”
Puerto Rico Ex Rel. Sec'y of Just. v. Rumsfeld, 180 F. Supp. 2d 145 (D.D.C. 2002). · cites it 5× “42 U.S.C. § 4903 . D. Puerto Rico’s Noise Prohibition Act of 2001 The Commonwealth also alleges violation of its local law, namely the Noise Prohibition Act, which the Governor of Puerto Rico signed into law on April 23, 2001.”
Com. of Puerto Rico v. Muskie, 507 F. Supp. 1035 (D.P.R. 1981). · cites it 3× “42 U.S.C.A. § 4903 : “(b) 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…”
Rec. Veh. Indus. Ass'n v. Env't Prot. Agency, Chrysler Corp. v. Env't Prot. Agency, 653 F.2d 562 (D.C. Cir. 1981). “42 U.S.C. § 4903 (c)(2) (1976). 8 . Id. § 4905 (1976 and Supp.”
State of Me. v. Dep't of Navy, 702 F. Supp. 322 (D. Me. 1988). “1985) (state strict liability law is not within the substantive and procedural requirements to which a federal facility is subject under Resource Conservation and Recovery Act).”
Abreu v. United States, 468 F.3d 20 (1st Cir. 2006). “42 U.S.C. § 4903 (b) (2000). The plaintiffs argue that section 4 of the NCA requires the Navy to comply with the Puerto Rico Noise Prohibition Act, which imposes a mandatory limitation on sound emissions.”
Montana v. Johnson, 738 F.2d 1074 (9th Cir. 1984). · cites it 2× “By itself, the general requirement would be incapable of offering any guidance to the Secretaries of Interior and Agriculture. See Romero-Barcelo v.”
Nashvillians Against I-440 v. Lewis, 524 F. Supp. 962 (M.D. Tenn. 1981). “” 42 U.S.C. § 4903 (a), (b). Section 4901(b) expresses the need “to promote an environment for all Americans free from noise that jeopardizes their health or welfare.”
Clinton Cmty. Hosp. Corp. v. S. Maryland Med. Ctr., 374 F. Supp. 450 (D. Maryland 1974). “Protection Agency concerning the noise in the environment of the SMMC, and in that HEW “has failed to carry out its programs as it relates to the SMMC project in a manner consistent with the policy declared in Title 42, Section 4901(b).”
Nat. Resources Def. Council v. Winter, 527 F. Supp. 2d 1216 (C.D. Cal. 2008). “§ 300h-7; the Noise Control Act, 42 U.S.C. § 4903 (b); and the Power Plant and Industrial Fuel Act of 1978, 42 U.”
Colorado v. United States Dep't of the Army, 707 F. Supp. 1562 (D. Colo. 1989). “Courts reviewing the waiver provisions of the Clean Air Act, the FWPA [Federal Water Pollution Act], and the Noise Control Act, 42 U.S.C. § 4903 (b), the language of which, .”
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