49 U.S.C. § 44715: Controlling aircraft noise and sonic boom

standards to measure aircraft noise and sonic boom; and regulations to control and abate aircraft noise and sonic boom. 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. 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. 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. consider relevant information related to aircraft noise and sonic boom; consult with appropriate departments, agencies, and instrumentalities of the United States Government and State and interstate authorities; consider whether the standard or regulation is consistent with the highest degree of safety in air transportation or air commerce in the public interest; consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the applicable aircraft, aircraft engine, appliance, or certificate; and consider the extent to which the standard or regulation will carry out the purposes of this section. substantially the same as the proposed regulations submitted by the Administrator of the Environmental Protection Agency; or that amend the proposed regulations; or a notice that no regulation is being prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency; a detailed analysis of, and response to, all information the Administrator of the Environmental Protection Agency submitted with the proposed regulations; and a detailed explanation of why no regulation is being prescribed. 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. be accompanied by a detailed statement of the findings of the Administrator of the Federal Aviation Administration and the reasons for the findings; 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) ); specify whether and where that statement is available for public inspection; and 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. 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. 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. 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. issue an intent to proceed with a proposed rulemaking; take other action sufficient to carry out feasible, consensus recommendations; or issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination. 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). 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; provide commercial air tour operators with information regarding quiet aircraft technology; and 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. 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. The term ‘commercial air tour’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. The term ‘commercial air tour operator’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.”