[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.3]

[Page 157-158]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.3  Definitions.

    All terms not defined in this section shall have the meaning given 
them in the Act.
    (a) Act means the Noise Control Act of 1972 (42 U.S.C. 4901 et 
seq.).
    (b) Administrative law judge means an administrative law judge 
appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 
FR 16787). ``Administrative law judge'' is synonymous with ``hearing 
examiner'' as used in Title 5 of the United States Code.
    (c) Administrator means the Administrator of the Environmental 
Protection Agency or his or her delegate.
    (d) Agency means the U.S. Environmental Protection Agency.
    (e) Complainant means the Agency acting through any person 
authorized by the Administrator to issue a complaint to alleged 
violators of the Act. The complainant shall not be the judicial officer 
or the Administrator.
    (f) Hearing clerk means the hearing clerk of the Environmental 
Protection Agency.
    (g) Intervener means a person who files a motion to be made a party 
under Sec. 209.15 or Sec. 209.16, and whose motion is approved.
    (h) Party means the Environmental Protection Agency, the 
respondent(s) and any interveners.
    (i) Person means any individual, corporation, partnership, or 
association, and includes any officer, employee, department, agency or 
instrumentality of the United States, a State, or any political 
subdivision of a State.
    (j) Respondent means any person against whom a complaint has been 
issued under this subpart.
    (k) Environmental Appeals Board means the Board within the Agency 
described in Sec. 1.25 of this title. The Administrator delegates 
authority to the Environmental Appeals Board to issue final decisions in 
appeals filed under this part. An appeal directed to the Administrator, 
rather than to the Environmental Appeals Board, will not be considered. 
This delegation of authority to the Environmental Appeals Board does not 
preclude the Environmental Appeals Board from referring an appeal or a 
motion filed under this part to the Administrator for decision when the 
Environmental Appeals Board, in its discretion, deems it appropriate to 
do so. When an appeal or motion is referred to the Administrator, all 
parties shall be so notified and the rules in this part referring to the 
Environmental Appeals Board shall

[[Page 158]]

be interpreted as referring to the Administrator.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]