[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-264 Section 406(a)]
[CITE: 49USC44715]

 
                        TITLE 49--TRANSPORTATION

 
                     SUBTITLE VII--AVIATION PROGRAMS

 
                     PART A--AIR COMMERCE AND SAFETY

 
                           subpart iii--safety

 
                     CHAPTER 447--SAFETY REGULATION

 
Sec. 44715. Controlling aircraft noise and sonic boom



    (a) Standards and Regulations.--(1) To relieve and protect the 

public health and welfare from aircraft noise and sonic boom, the 

Administrator of the Federal Aviation Administration shall prescribe--

        (A) standards to measure aircraft noise and sonic boom; and

        (B) regulations to control and abate aircraft noise and sonic 

    boom.



    (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.



(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1196.)



                                          Historical and Revision Notes                                         

----------------------------------------------------------------------------------------------------------------

            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

----------------------------------------------------------------------------------------------------------------

44715(a)(1), (2)......................  49 App.:1431(a), (b)(1) (1st     Aug. 23, 1958, Pub. L. 85-726, 72 Stat.

                                         sentence).                       731, Sec.  611(a), (b), (d); added    

                                                                          July 21, 1968, Pub. L. 90-411, Sec.   

                                                                          1, 82 Stat. 395; restated Oct. 27,    

                                                                          1972, Pub. L. 92-574, Sec.  7(b), 86  

                                                                          Stat. 1239, 1241.                     

44715(a)(3)...........................  49 App.:1431(b)(2).                                                     

44715(b)..............................  49 App.:1431(d).                                                        

44715(c)..............................  49 App.:1431(c)(1).              Aug. 23, 1958, Pub. L. 85-726, 72 Stat.

                                                                          731, Sec.  611(c); added July 21,     

                                                                          1968, Pub. L. 90-411, Sec.  1, 82     

                                                                          Stat. 395; restated Oct. 27, 1972,    

                                                                          Pub. L. 92-574, Sec.  7(b), 86 Stat.  

                                                                          1240; Nov. 8, 1978, Pub. L. 95-609,   

                                                                          Sec.  3, 92 Stat. 3080.               

44715(d)..............................  49 App.:1431(c)(2).                                                     

44715(e)..............................  49 App.:1431(c)(3).                                                     

44715(f)..............................  49 App.:1431(b)(1) (last                                                

                                         sentence).                                                             

----------------------------------------------------------------------------------------------------------------



    In subsection (a)(1), before clause (A), the text of 49 App.:1431(a) 

is omitted because the revised section identifies the appropriate 

Administrator each time the Administrator is mentioned. The words 

``present and future'' and ``and amend'' are omitted as surplus. In 

clause (B), the words ``as the FAA may find necessary to provide'' are 

omitted as surplus.

    In subsection (a)(2), the word ``only'' is added for clarity.

    Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to eliminate 

unnecessary words.

    In subsection (b), before clause (1), the words ``and amending'' are 

omitted as surplus. In clause (1), the words ``available . . . including 

the results of research, development, testing, and evaluation activities 

conducted pursuant to this chapter and the Department of Transportation 

Act'' are omitted as surplus. In clause (2), the words ``departments, 

agencies, and instrumentalities of the United States Government and 

State and interstate authorities'' are substituted for ``Federal, State, 

and interstate agencies'' for consistency in the revised title and with 

other titles of the United States Code. The words ``as he deems'' are 

omitted as surplus. In clauses (3) and (4), the word ``proposed'' is 

omitted as surplus. In clause (4), the word ``applicable'' is 

substituted for ``particular type of . . . to which it will apply'' to 

eliminate unnecessary words. In clause (5), the words ``contribute to'' 

are omitted as surplus.

    In subsection (c), before clause (1), the words ``Not earlier than 

the date of submission of the report required by section 4906 of title 

42'' are omitted as executed. The words ``regulatory . . . over air 

commerce or transportation or over aircraft or airport operations'' and 

``submitted by the EPA under this paragraph'' are omitted as surplus. 

The word ``regulations'' is substituted for ``rulemaking'' for 

consistency in the revised title. The words ``after they are received'' 

are substituted for ``of the date of its submission to the FAA'' to 

eliminate unnecessary words. The words ``of data, views, and arguments'' 

are omitted as surplus. In clause (1), the words ``in accordance with 

subsection (b) of this section'' are omitted because of the restatement. 

In clause (2)(B), the words ``documentation or other'' are omitted as 

surplus.

    In subsection (d)(1), the words ``listed'' and ``the FAA to review, 

and . . . to EPA . . . by EPA'' are omitted as surplus.

    In subsection (d)(2), before clause (A), the words ``shall complete 

the review requested and'' are omitted as surplus. In clause (B), the 

words ``of the FAA'' are omitted as surplus.

    In subsection (e), the words ``actually taken . . . in response to 

EPA's proposed regulations'' are omitted as surplus.

    In subsection (f), the words ``under any provision of this chapter'' 

and ``that . . . be granted'' are omitted as surplus. The words ``the 

exemption may be granted'' are added for clarity.



                  Section Referred to in Other Sections



    This section is referred to in sections 106, 44701, 44709, 44711, 

45302, 46301, 46310, 46316, 47531 of this title; title 42 sections 4903, 

4911, 4913, 4915.




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