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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source file: Laws/federal/codes/united-states-code/title-49/section-44715-controlling-aircraft-noise-and-sonic-boom--664f782dae.md
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Source location: Title 49, Chapter 447, § 44715; chapter-447-safety-regulation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44704/a&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)); (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)) 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4906 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 92–574, § 7(a), Oct. 27, 1972, 86 Stat. 1239, related to a study by the Administrator of the adequacy of noise controls, noise emission standards, and measures available to control such noise, the results of such study to be reported to the appropriate committees of Congress within nine months after Oct. 27, 1972.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4906

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4903 — Federal programs

**(a) Furtherance of Congressional policy** The Congress authorizes and directs that Federal agencies shall, to the fullest extent consistent with their authority under Federal laws administered by them, carry out the programs within their control in such a manner as to further the policy declared in [section 4901(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4901/b&num=0&edition=prelim). **(b) Presidential authority to exempt activities or facilities from compliance requirements** Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government— (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the emission of noise, shall comply with Federal, State, interstate, and local requirements respecting control and abatement of environmental noise to the same extent that any person is subject to such requirements. The President may exempt any single activity or facility, including noise emission sources or classes thereof, of any department, agency, or instrumentality in the executive branch from compliance with any such requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption, other than for those products referred to in [section 4902(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4902/3/B&num=0&edition=prelim), may be granted from the requirements of sections 4905, 4916, and 4917 of this title. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4903

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4911 — Citizen suits

**(a) Authority to commence suits** Except as provided in subsection (b), any person (other than the United States) may commence a civil action on his own behalf— (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any noise control requirement (as defined in subsection (e) 11 So in original. Probably should be subsection “(f)”.), or (2) against— (A) the Administrator of the Environmental Protection Agency where there is alleged a failure of such Administrator to perform any act or duty under this chapter which is not discretionary with such Administrator, or (B) the Administrator of the Federal Aviation Administration where there is alleged a failure of such Administrator to perform any act or duty under [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim) which is not discretionary with such Administrator. The district courts of the United States shall have jurisdiction, without regard to the amount in controversy, to restrain such person from violating such noise control requirement or to order such Administrator to perform such act or duty, as the case may be. **(b) Notice** No action may be commenced— (1) under subsection (a)(1)— (A) prior to sixty days after the plaintiff has given notice of the violation (i) to the Administrator of the Environmental Protection Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4911

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4913 — Quiet communities, research, and public information

To promote the development of effective State and local noise control programs, to provide an adequate Federal noise control research program designed to meet the objectives of this chapter, and to otherwise carry out the policy of this chapter, the Administrator shall, in cooperation with other Federal agencies and through the use of grants, contracts, and direct Federal actions— **(a)** develop and disseminate information and educational materials to all segments of the public on the public health and other effects of noise and the most effective means for noise control, through the use of materials for school curricula, volunteer organizations, radio and television programs, publication, and other means; **(b)** conduct or finance research directly or with any public or private organization or any person on the effects, measurement, and control of noise, including but not limited to— (1) investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and the determination of dose/response relationships suitable for use in decisionmaking, with special emphasis on the nonauditory effects of noise; (2) investigation, development, and demonstration of noise control technology for products subject to possible regulation under sections 4905 and 4907 of this title and [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim); (3) investigation, development, and demonstration of monitoring equipment and other technology especially suited for use by State and local noise control programs; (4) investigation of the economic impact of noise on property and human activities; and (5) investigation and demonstration o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4913

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4915 — Judicial review

**(a) Petition for review** A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under sections 4905, 4916, or 4917 of this title or any labeling regulation under [section 4907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907&num=0&edition=prelim) may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim) may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. **(b) Additional evidence** If a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such Administrator may modify his findings as to the facts

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4915

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44801 — Definitions

In this chapter, the following definitions apply: (1) **Actively tethered unmanned aircraft system.—** — The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component— (A) weighs 55 pounds or less, including payload but not including the tether; (B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft; (C) is controlled and retrieved by such ground station through physical manipulation of the tether; (D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and (E) is programmed to initiate a controlled landing in the event of a tether separation. (2) **Appropriate committees of congress.—** — The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) **Arctic.—** — The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain. (4) **Certificate of waiver; certificate of authorization.—** — The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation. (5) **Counter-UAS system.—** — The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system. (6) **Permanent areas.—** — The term “permanent areas” means areas on land or water that provide for launch, recovery, and

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4332

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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