
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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)(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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1196; Pub. L. 104-
264, title IV, Sec. 406(a), Oct. 9, 1996, 110 Stat. 3257.)

                                          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. 2
3, 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. 2
3, 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.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-264, which in directing the 
general amendment of par. (1) inserted an additional subsec. (a) 
designation and heading identical to the existing subsec. heading as 
well as restating the text of par. (1), was executed by restating the 
text only to reflect the probable intent of Congress. Prior to 
amendment, par. (1) read as follows: ``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.''


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44701, 44709, 44711, 
45302, 46310, 47531 of this title; title 42 sections 4903, 4911, 4913, 
4915.
