26 



(b) ConBultations; standards; rules and regulations; 

 aircraft certificates. 



(1) In order to afford present and future relief 

 and protection to the public health and welfare from 

 aircraft noise and sonic boom, the FAA, after consul- 

 tation with the Secretary of Transportation and 

 with EPA, shall prescribe and amend standards for 

 the measurement of aircraft noise and sonic boom 

 and shall prescribe and amend such regulations as 

 the FAA may find necessary to provide for the con- 

 trol and abatement of aircraft noise and sonic boom, 

 Including the application of such standards and 

 regulations In the Issuance, amendment, modifi- 

 cation, suspension, or revocation of any certificate 

 authorized by this subchapter. No exemption with 

 respect to any standard or regulation under this sec- 

 tion may be granted under any provision of this 

 chapter unless the FAA shall have consulted with 

 EPA before such exemption Is granted, except that If 

 the FAA determines that safety In air commerce 

 or air transportation requires that such an exemp- 

 tion be granted before EPA can be consulted, the 

 FAA shall consult with EPA as soon as practicable 

 after the exemption Is granted. 



(2) The FAA shall not Issue an original type cer- 

 tificate under section 1423(a) of this title for any 

 aircraft for which substantial noise abatement can 

 be achieved by prescribing standards and regula- 

 tions In accordance with this section, unless he shall 

 have prescribed standards and regulations in ac- 

 cordance with this section which apply to such air- 

 craft and which protect the public from aircraft 

 noise and sonic boom, consistent with the considera- 

 tions listed in subsection (d) of this section. 



(c) Submission of proposed regulations to FAA by 

 EPA; publication; iiearing; review of prescribed 

 regulations; report and supplemental report. 



(1) Not earlier than the date of submission of the 

 report required by section 4906 of Title 42. EPA shall 

 submit to the FAA proposed regulations to provide 

 such control and abatement of aircraft noise and 

 sonic boom 'including control and abatement 

 through the exercise of any of the FAA's regulatory 

 authority over air commerce or transportation or 

 over aircraft or airport operations) as EPA deter- 

 mines is necessary to protect the public health and 

 welfare. The FAA shall consider such proposed regu- 

 lations submitted by EPA under this paragraph and 

 shall, within thirty days of the date of its submis- 

 sion to the FAA, publish the proposed regulations 

 in a notice of proposed rulemaking. Within sixty 

 days after such publication, the FAA shall com- 

 mence a hearing at which interested persons shall 

 be afforded an opportunity for oral (as well as writ- 

 ten) presentations of data, views, and arguments. 

 Within a reasonable time after the conclusion of 

 such hearing and after consultation with EPA, the 

 FAA shall— 



(A) in accordance with subsection (b) of this 

 section, prescribe regulations (i) substantially as 

 they were submitted by EPA. or (ii) which are a 

 modification of the proposed regulations submit- 

 ted by EPA, or 



(B) publish in the Federal Register a notice that 

 it is not prescribing any regulation in response to 



EPA's submission of proposed regulations, to- 

 gether with a detailed explanation providing rea- 

 sons for the decision not to prescribe such regu- 

 lations. 



(2) If EPA has reason to believe that the FAA's 

 action with respect to a regulation proposed by EPA 

 under paragraph (l)(A)(ii) or (1)(B) of this sub- 

 section does not protect the public health and wel- 

 fare from aircraft noise or sonic boom, consistent 

 withi the considerations listed in subsection (d) of 

 this section, EPA shall consult with the FAA and 

 may request the FAA to review, and report to EPA 

 on, the advisability of prescribing the regulation 

 originally proposed by EPA. Any such request shall 

 be published in the Federal Register and shall in- 

 clude a detailed statement of the information on 

 which it Is based. The FAA shall complete the review 

 requested and shall report to EPA within such time 

 as EPA specifies in the request, but such time speci- 

 fied may not be less than ninety days from the date 

 the request was made. The FAA's report shall be 

 accompanied by a detailed statement of the FAA'S 

 findings and the reasons for the FAA's conclusions; 

 shall identify any statement filed pursuant to sec- 

 tion 4332(2) (C) of -ntle 42 with respect to such 

 action of the FAA under paragraph (1) of this sub- 

 section; and shall specify whether (and where) such 

 statements are available for public inspection. The 

 FAA's report shall be published In the Federal Reg- 

 ister, except in a case in which EPA's request pro- 

 posed specific action to be taken by the FAA, and 

 the FAA's report indicates such action will be taken. 



(3) If, in the case of a matter described in para- 

 graph (2) of this subsection with respect to which 

 no statement is required to be filed imder such 

 section 4332(2) (C) of Title 42, the report of the 

 FAA indicates that the proposed regulation origi- 

 nally submitted by EPA should not be made, then 

 EPA may request the FAA to file a supplemental 

 report, which shall be published in the Federal Reg- 

 ister within such a period as EPA may specify (but 

 such time specified shall not be less than ninety 

 days from the date the request was made) , and which 

 shall contain a comparison of (A) the environmental 

 effects (including those which cannot be avoided) 

 of the action actually taken by the FAA in response 

 to EPA's proposed regulations, and (B) EPA's pro- 

 posed regulations. 



(d) Considerations determinative of standards, rules, 

 and regulations. 

 In prescribing and amending standards and regu- 

 lations under this section, the FAA shall — 



(1) consider relevant available data relating to 

 aircraft noise and sonic boom, including the re- 

 sults of research, development, testing, and evalu- 

 ation activities conducted pursuant to this chap-" 

 ter and chapter 23 of this title; 



(2) consult with such Federal. State, and inter- 

 state agencies as he deems appropriate ; 



(3) consider whether any proposed standard 

 or regulation is consistent with the highest degree 

 of safety in air commerce or air transiwrtation in 

 the public interest; 



(4) consider whether any proposed standard or 

 regulation is economically reasonable, technologl- 



