---
kind: "section"
citation: "42 U.S.C. § 4902"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4902"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4902"
units:
  - "Chapter 65 — Noise Control"
---

# §4902. Definitions


For purposes of this chapter:

- (1) The term “Administrator” means the Administrator of the Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (2) The term “person” means an individual, [corporation](/usc/42/2297h.md?p=2), partnership, or association, and (except as provided in sections [4910(e)](/usc/42/4910.md?p=e) and [4911(a)](/usc/42/4911.md?p=a) of this title) includes any officer, employee, department, [agency](/usc/42/8262.md?p=1), or instrumentality of the United States, a [State](#9), or any political subdivision of a [State](#9).
- (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](/usc/49/40102.md?p=a); 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](#1), 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](#2) who in good faith purchases a [product](#3) for purposes other than resale.
- (5) The term “new product” means (A) a [product](#3) the equitable or legal title of which has never been transferred to an [ultimate purchaser](#4), or (B) a [product](#3) 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](/usc/42/4905.md) or [4907](/usc/42/4907.md) of this title which would have been applicable to such [product](#3) had it been manufactured in the United States.
- (6) The term “manufacturer” means any [person](#2) engaged in the manufacturing or assembling of [new products](#5), or the importing of [new products](#5) for resale, or who acts for, and is controlled by, any such [person](#2) in connection with the distribution of such [products](#3).
- (7) The term “commerce” means trade, traffic, commerce, or transportation—
  - (A) between a place in a [State](#9) and any place outside thereof, or
  - (B) which affects trade, traffic, [commerce](#7), or transportation described in [subparagraph (A)](#7-A).
- (8) The term “distribute in commerce” means sell in, offer for sale in, or introduce or deliver for introduction into, [commerce](#7).
- (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](/usc/42/8262.md?p=1) (as defined in [section 105 of title 5](/usc/5/105.md)) and includes the United States Postal Service.
- (11) The term “environmental noise” means the intensity, duration, and the character of sounds from all sources.

## Source credit

(Pub. L. 92–574, § 3, Oct. 27, 1972, 86 Stat. 1234.)

## Notes

### 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.