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42 U.S.C. § 7571 — Establishment of standards

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

42 U.S.C. § 7571 — Establishment of standards

**(a) Study; proposed standards; hearings; issuance of regulations** (1) Within 90 days after December 31, 1970, the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine— (A) the extent to which such emissions affect air quality in air quality control regions throughout the United States, and (B) the technological feasibility of controlling such emissions. (2) (A) The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare. (B) (i) The Administrator shall consult with the Administrator of the Federal Aviation Administration on aircraft engine emission standards. (ii) The Administrator shall not change the aircraft engine emission standards if such change would significantly increase noise and adversely affect safety. (3) The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected by aircraft emissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time. **(b) Effective date of regulations** Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite

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Source file: Laws/federal/codes/united-states-code/title-42/section-7571-establishment-of-standards--7e91c74cc2.md
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Source location: Title 42, Chapter 85, § 7571; chapter-085-air-pollution-prevention-and-control.md

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**(a) Study; proposed standards; hearings; issuance of regulations** (1) Within 90 days after December 31, 1970, the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine— (A) the extent to which such emissions affect air quality in air quality control regions throughout the United States, and (B) the technological feasibility of controlling such emissions. (2) (A) The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare. (B) (i) The Administrator shall consult with the Administrator of the Federal Aviation Administration on aircraft engine emission standards. (ii) The Administrator shall not change the aircraft engine emission standards if such change would significantly increase noise and adversely affect safety. (3) The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected by aircraft emissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time. **(b) Effective date of regulations** Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. **(c) Regulations which create hazards to aircraft safety** Any regulations in effect under this section on August 7, 1977, or proposed or promulgated thereafter, or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety. Any such finding shall include a reasonably specific statement of the basis upon which the finding was made.

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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. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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

42 U.S.C. § 1857f–1 to 1857f–5 — Transferred

### Statutory Notes #### Codification Section 1857f–9, act July 14, 1955, ch. 360, title II, § 231, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a)(1), 84 Stat. 1703, which related to the establishment of aircraft emission standards, was transferred to [section 7571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim). Section 1857f–10, act July 14, 1955, ch. 360, title II, § 232, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a)(1), 84 Stat. 1704, which related to enforcement of aircraft emission standards, was transferred to [section 7572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7572&num=0&edition=prelim). Section 1857f–11, act July 14, 1955, ch. 360, title II, § 233, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a)(1), 84 Stat. 1704, which related to State standards and controls regarding aircraft emissions, was transferred to [section 7573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7573&num=0&edition=prelim). Section 1857f–12, act July 14, 1955, ch. 360, title II, § 234, as added Dec. 31, 1970, Pub. L. 91–604, § 11(a)(1), 84 Stat. 1705, related to definitions concerning aircraft emissions standards, was transferred to [section 7574 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7574&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1857f–1 to 1857f–5

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

42 U.S.C. § 7572 — Enforcement of standards

**(a) Regulations to insure compliance with standards** The Secretary of Transportation, after consultation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under [section 7571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim) by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized by part A of subtitle VII of title 49 or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and,11 So in original. The comma probably should not appear. may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section. **(b) Notice and appeal rights** In any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under [section 7571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim) or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in part A of subtitle VII of title 49 or the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7572

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

42 U.S.C. § 7607 — Administrative proceedings and judicial review

**(a) Administrative subpenas; confidentiality; witnesses** In connection with any determination under [section 7410(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim), or for purposes of obtaining information under section 7521(b)(4) 11 See References in Text note below. or 7545(c)(3) of this title, any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the 22 So in original. Probably should be “this”. chapter (including but not limited to section 7413, section 7414, section 7420, section 7429, section 7477, section 7524, section 7525, section 7542, section 7603, or [section 7606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7606&num=0&edition=prelim)),,33 So in original. the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim), except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, to perso

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7607

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

42 U.S.C. § 7617 — Economic impact assessment

**(a) Notice of proposed rulemaking; substantial revisions** This section applies to action of the Administrator in promulgating or revising— (1) any new source standard of performance under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), (2) any regulation under [section 7411(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/d&num=0&edition=prelim), (3) any regulation under part B 11 See References in Text note below. of subchapter I (relating to ozone and stratosphere protection), (4) any regulation under part C of subchapter I (relating to prevention of significant deterioration of air quality), (5) any regulation establishing emission standards under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) and any other regulation promulgated under that section, (6) any regulation controlling or prohibiting any fuel or fuel additive under [section 7545(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7545/c&num=0&edition=prelim), and (7) any aircraft emission standard under [section 7571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim). Nothing in this section shall apply to any standard or regulation described in paragraphs (1) through (7) of this subsection unless the notice of proposed rulemaking in connection with such standard or regulation is published in the Federal Register after the date ninety days after August 7, 1977. In the case of revisions of such standards or regulations, this section shall apply only to revisions which the Ad

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7617

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

49 U.S.C. § 44714 — Aviation fuel standards

The Administrator of the Federal Aviation Administration shall prescribe— (1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act ([42 U.S.C. 7571](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim)) endanger the public health or welfare; and (2) regulations providing for carrying out and enforcing those standards.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44714

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

42 U.S.C. § 7571 — Establishment of standards

Page 7371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7571 could be expected to result from such exten- sion. (d) Retrofit requirements Not later than 12 months after November 15, 1990, the Administrator shall promulgate regula- tions under section 7521(a) of this title requiring that urban buses which— (1) are operating in areas referred to in sub- paragraph (A) of subsection (c)(2) (or subpara- graph (C) of subsection (c)(2) if the Adminis- trator has taken action under that subpara- graph); (2) were not subject to standards in effect under the regulations under subsection (a) of this section; and (3) have their engines replaced or rebuilt after January 1, 1995, shall comply with an emissions standard or emissions control technology requirement es- tablished by the Administrator in such regula- tions. Such emissions standard or emissions control technology requirement shall reflect the best retrofit technology and maintenance prac- tices reasonably achievable. (e) Procedures for administration and enforce- ment The Administrator shall establish, within 18 months after November 15, 1990, and in accord- ance with section 7525(h) of this title, procedures for the administration and enforcement of standards for buses subject to standards under this section, testing procedures, sampling proto- cols, in-use compliance requirements, and cri- teria governing evaluation of buses. Procedures for testing (including, but not limited to, certifi- cation testing) shall reflect actual operating conditions. (f) Definitions For purposes of this section— (1) Urban bus The term ‘‘urban bus’’ has the meaning pro- vided under regulations of the Administrator promulgated under section 7521(a) of this title. (2) Low-polluting fuel The term ‘‘low-polluting fuel’’ means

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7571

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