49 U.S.C. § 44715

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

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.

49 U.S.C. § 44715

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

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44715(a)(1), (2)	49 App.:1431(a), (b)(1) (1st sentence).	Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, §611(a), (b), (d); added July 21, 1968, Pub. L. 90-411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92-574, §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, §611(c); added July 21, 1968, Pub. L. 90-411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92-574, §7(b), 86 Stat. 1240; Nov. 8, 1978, Pub. L. 95-609, §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.

EDITORIAL NOTES

AMENDMENTS1996-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."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1996 AMENDMENTExcept 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.

HAWAII AIR NOISE AND SAFETY TASK FORCE Pub. L. 118-63, title III, §364, May 16, 2024, 138 Stat. 1131, provided that:"(a) PARTICIPATION.-To the extent acceptable to the State of Hawaii, the Administrator [of the Federal Aviation Administration] shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii."(b) RULEMAKING.-Not later than 18 months after the date on which the task force described in subsection (a) delivers findings and consensus recommendations to the FAA [Federal Aviation Administration], the Administrator shall, consistent with maintaining the safety and efficiency of the national airspace system-"(1) issue an intent to proceed with a proposed rulemaking;"(2) take other action sufficient to carry out feasible, consensus recommendations; or"(3) issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination. "(c) CONSIDERATIONS.-In determining whether to proceed with a proposed rulemaking, guidance, or other action under subsection (b) and, if applicable, in developing the proposed rule, guidance, or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a)."(d) AUTHORITIES.-In issuing the rule, guidance, or carrying out the other action described in subsection (b), the Administrator may take actions in the State of Hawaii to-"(1) provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions;"(2) provide commercial air tour operators with information regarding quiet aircraft technology; and"(3) establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints."(e) RULE OF CONSTRUCTION.-Nothing in this section shall be construed as providing the Administrator with authority to ban commercial air tour flights in the State of Hawaii for the purposes of noise reduction."(f) DEFINITIONS.-In this section:"(1) COMMERCIAL AIR TOUR.-The term 'commercial air tour' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations."(2) COMMERCIAL AIR TOUR OPERATOR.-The term 'commercial air tour operator' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations."