ELR Citation: ELR 20391
No(s). 81-1317 (D.C. Cir. Oct 30, 1987)

The court holds that the Federal Aviation Administration (FAA) did not violate the Noise Control Act by failing to provide a detailed explanation for its decision not to require certified airport operators to submit aircraft noise abatement plans. The Environmental Protection Agency (EPA), as mandated by the Act, had submitted to the FAA proposed regulations to control aircraft noise, which would have required airport operators to submit noise abatement plans to the FAA for approval; the FAA eventually chose to pursue a voluntary, rather than a mandatory, regime. The court holds that the Noise Control Act did not require the FAA to provide a detailed explanation of its decision to impose a voluntary scheme, since the statute only requires an explanation where the agency decides not to issue any regulation in response to an EPA proposal. The Act does not require the FAA to adopt EPA proposals, and the agency's interpretation of the statute is reasonable.

Counsel for Petitioner
Matthew J. Dunn, Ass't Attorney General
500 S. Second St., Springfield IL 62706
(217) 782-1090

Counsel for Respondent
Brian V. Faller
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

Before: ROBINSON, RUTH B. GINSBURG, and STARR, Circuit Judges.