Sec. 5002. Performance-Based Navigation
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Section 213(c) of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note) is amended by adding at the end the following: Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— notify and consult with the operator of the airport at which the procedure would be implemented; and consider consultations or other engagement with the community in the which the airport is located to inform the public of the procedure.
The Administrator shall review any decision of the Administrator made on or after February 14, 2012, and before the date of enactment of this paragraph to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located if the operator of that airport— requests such a review; and demonstrates that there is good cause to believe that the implementation of the procedure had such an effect.
If, in conducting a review under subparagraph
(A)with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall— consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed. In this paragraph, the term human environment has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of enactment of this paragraph). .
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- Pub. L. 112-95
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