Sec. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME
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## SEC. 2 PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME **[**[49 U.S.C. 40101 note](/us/usc/t49/s40101)**]** ###
(a)In General The Secretary of Transportation shall prohibit an operator of a civil aircraft of the United States from participating in the emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003, as amended, in any case in which the Secretary determines the prohibition to be, and in a manner that is, in the public interest, taking into account— ####
(1)the impacts on U.S. consumers, U.S. carriers, and U.S. operators; ####
(2)the impacts on the economic, energy, and environmental security of the United States; and ####
(3)the impacts on U.S. foreign relations, including existing international commitments. ###
(b)Public Hearing After determining that a prohibition under this section may be in the public interest, the Secretary must hold a public hearing at least 30 days before imposing any prohibition. ###
(c)Reassessment of Determination of Public Interest The Secretary— ####
(1)may reassess a determination under subsection
(a)that a prohibition under that subsection is in the public interest at any time after making such a determination; and ####
(2)shall reassess such a determination after— #####
(A)any amendment by the European Union to the EU Directive referred to in subsection (a); or #####
(B)the adoption of any international agreement pursuant to section 3(1). #####
(C)enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State to address aircraft emissions.
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Sec. 2
PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION’S EMISSIONS TRADING SCHEME
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