49 U.S.C. § 44715 : US Code - Section 44715: Controlling aircraft noise and sonic boom

Search 49 U.S.C. § 44715 : US Code - Section 44715: Controlling aircraft noise and sonic boom

(a) Standards and Regulations. - (1)(A) To relieve and protect
the public health and welfare from aircraft noise and sonic boom,
the Administrator of the Federal Aviation Administration, as he
deems necessary, shall prescribe -
(i) standards to measure aircraft noise and sonic boom; and
(ii) regulations to control and abate aircraft noise and sonic
boom.
(B) The Administrator, as the Administrator deems appropriate,
shall provide for the participation of a representative of the
Environmental Protection Agency on such advisory committees or
associated working groups that advise the Administrator on matters
related to the environmental effects of aircraft and aircraft
engines.
(2) The Administrator of the Federal Aviation Administration may
prescribe standards and regulations under this subsection only
after consulting with the Administrator of the Environmental
Protection Agency. The standards and regulations shall be applied
when issuing, amending, modifying, suspending, or revoking a
certificate authorized under this chapter.
(3) An original type certificate may be issued under section
44704(a) of this title for an aircraft for which substantial noise
abatement can be achieved only after the Administrator of the
Federal Aviation Administration prescribes standards and
regulations under this section that apply to that aircraft.
(b) Considerations and Consultation. - When prescribing a
standard or regulation under this section, the Administrator of the
Federal Aviation Administration shall -
(1) consider relevant information related to aircraft noise and
sonic boom;
(2) consult with appropriate departments, agencies, and
instrumentalities of the United States Government and State and
interstate authorities;
(3) consider whether the standard or regulation is consistent
with the highest degree of safety in air transportation or air
commerce in the public interest;
(4) consider whether the standard or regulation is economically
reasonable, technologically practicable, and appropriate for the
applicable aircraft, aircraft engine, appliance, or certificate;
and
(5) consider the extent to which the standard or regulation
will carry out the purposes of this section.
(c) Proposed Regulations of Administrator of Environmental
Protection Agency. - The Administrator of the Environmental
Protection Agency shall submit to the Administrator of the Federal
Aviation Administration proposed regulations to control and abate
aircraft noise and sonic boom (including control and abatement
through the use of the authority of the Administrator of the
Federal Aviation Administration) that the Administrator of the
Environmental Protection Agency considers necessary to protect the
public health and welfare. The Administrator of the Federal
Aviation Administration shall consider those proposed regulations
and shall publish them in a notice of proposed regulations not
later than 30 days after they are received. Not later than 60 days
after publication, the Administrator of the Federal Aviation
Administration shall begin a hearing at which interested persons
are given an opportunity for oral and written presentations. Not
later than 90 days after the hearing is completed and after
consulting with the Administrator of the Environmental Protection
Agency, the Administrator of the Federal Aviation Administration
shall -
(1) prescribe regulations as provided by this section -
(A) substantially the same as the proposed regulations
submitted by the Administrator of the Environmental Protection
Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register -
(A) a notice that no regulation is being prescribed in
response to the proposed regulations of the Administrator of
the Environmental Protection Agency;
(B) a detailed analysis of, and response to, all information
the Administrator of the Environmental Protection Agency
submitted with the proposed regulations; and
(C) a detailed explanation of why no regulation is being
prescribed.
(d) Consultation and Reports. - (1) If the Administrator of the
Environmental Protection Agency believes that the action of the
Administrator of the Federal Aviation Administration under
subsection (c)(1)(B) or (2) of this section does not protect the
public health and welfare from aircraft noise or sonic boom,
consistent with the considerations in subsection (b) of this
section, the Administrator of the Environmental Protection Agency
shall consult with the Administrator of the Federal Aviation
Administration and may request a report on the advisability of
prescribing the regulation as originally proposed. The request,
including a detailed statement of the information on which the
request is based, shall be published in the Federal Register.
(2) The Administrator of the Federal Aviation Administration
shall report to the Administrator of the Environmental Protection
Agency within the time, if any, specified in the request. However,
the time specified must be at least 90 days after the date of the
request. The report shall -
(A) be accompanied by a detailed statement of the findings of
the Administrator of the Federal Aviation Administration and the
reasons for the findings;
(B) identify any statement related to an action under
subsection (c) of this section filed under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C));
(C) specify whether and where that statement is available for
public inspection; and
(D) be published in the Federal Register unless the request
proposes specific action by the Administrator of the Federal
Aviation Administration and the report indicates that action will
be taken.
(e) Supplemental Reports. - The Administrator of the
Environmental Protection Agency may request the Administrator of
the Federal Aviation Administration to file a supplemental report
if the report under subsection (d) of this section indicates that
the proposed regulations under subsection (c) of this section, for
which a statement under section 102(2)(C) of the Act (42 U.S.C.
4332(2)(C)) is not required, should not be prescribed. The
supplemental report shall be published in the Federal Register
within the time the Administrator of the Environmental Protection
Agency specifies. However, the time specified must be at least 90
days after the date of the request. The supplemental report shall
contain a comparison of the environmental effects, including those
that cannot be avoided, of the action of the Administrator of the
Federal Aviation Administration and the proposed regulations of the
Administrator of the Environmental Protection Agency.
(f) Exemptions. - An exemption from a standard or regulation
prescribed under this section may be granted only if, before
granting the exemption, the Administrator of the Federal Aviation
Administration consults with the Administrator of the Environmental
Protection Agency. However, if the Administrator of the Federal
Aviation Administration finds that safety in air transportation or
air commerce requires an exemption before the Administrator of the
Environmental Protection Agency can be consulted, the exemption may
be granted. The Administrator of the Federal Aviation
Administration shall consult with the Administrator of the
Environmental Protection Agency as soon as practicable after the
exemption is granted.