Page:United States Statutes at Large Volume 86.djvu/1282

 1240 Proposed regulations, submittal to FA A.

Publication.

Hearing.

Notice, publication in Federal Register.

Report request, publication in Federal Register.

83 Stat. 853. 42 USC 4332.

Report, publication in Federal Register.

Supplemental report, publication in Federal Register.

PUBLIC LAW 92-574-OCT. 27, 1972

[86

STAT.

" (c)(1) Xot earlier than the date of submission of the report required by section 7(a) of the Noise Control Act of 1972, E P A shall submit to the F A A 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 F A A ' s regulatory authority over air commerce or transportation or over aircraft or airport operations) as E P A determines is necessary to protect the public health and welfare. The F A A shall consider such proposed regulations submitted by E P A under this paragraph and shall, within thirty days of the date of its submission to the F A A, publish the proposed regulations in a notice of proposed rulemaking. Within sixty days after such publication, the F A A shall commence a hearing at which interested persons shall be afforded an opportunity for oral (as well as written) presentations of data, views, and arguments. Within a reasonable time after the conclusion of such hearing and after consultation with E P A, the F A A shall— " (A) in accordance with subsection (b), prescribe regulations (i) substantially as they were submitted by E P A, or (ii) which are a modification of the proposed regulations submitted by E P A, or " (B) publish in the Federal Register a notice that it is not prescribing any regulation in response to E P A ' s submission of proposed regulations, together with a detailed explanation providing reasons for the decision not to prescribe such regulations. "(•2) If E P A has reason to believe that the F A A ' s action with respect to a regulation proposed by E P A under paragraph (1)(A) (ii) or (1)(B) of this subsection does not protect the public health and welfare from aircraft noise or sonic boom, consistent with the considerations listed in subsection (d) of this section, E P A shall consult w ith the F A A and may request the F A A to review, and report to E P A on, the advisability of prescribing the regulation originally proposed by E P A. Any such request shall be published in the Federal Register and shall include a detailed statement of the information on which it is based. The F A A shall complete the review requested and shall report to E P A within such time as E P A specifies in the request, but such time specified 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 section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to such action of the F A A under paragraph (1) of this subsection; and shall specify whether (and where) such statements are available for public inspection. The FAA's report shall be published in the Federal Register, except in a case in which E P A ' s request proposed specific action to be taken by the F A A, and the FAA's report indicates such action will be taken. "(3) If, in the case of a matter described in paragraph (2) of this subsection with respect to which no statement is required to be filed under such section 102(2)(C), the report of the F A A indicates that the proposed regulation originally submitted by E P A should not be made, then E P A may request the F A A to file a supplemental report, which shall be published in the Federal Register within such a period as E P A 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 F A A in response to E P A ' s proposed regulations, and (B) E P A ' s proposed regulations.

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