[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26641-26647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2023-0855]


Request for Comments on the Federal Aviation Administration's 
Review of the Civil Aviation Noise Policy, Notice of Public Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting; Request for comments.

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SUMMARY: The FAA invites public comments from interested individuals, 
entities, and other parties to review four key considerations of its 
civil aviation noise policy, in the context of noise metrics and noise 
thresholds. The civil aviation noise policy sets forth how the FAA 
analyzes, explains, and publicly presents changes in noise exposure 
from aviation activity: recreational and commercial fixed wing 
airplanes, helicopters, commercial space transportation vehicles, 
unmanned aircraft systems, as well as emerging technology vehicles 
(newer types of vehicles that will operate in U.S. airspace). The FAA 
will consider how changes to the civil aviation noise policy may better 
inform agency decisionmaking, the types of impacts it considers in 
making decisions (e.g., community annoyance, certain types of adverse 
health impacts highly correlated with aviation noise exposure), and 
potential improvements to how the FAA analyzes, explains, and presents 
changes in exposure to civil aviation noise.

DATES: 
    Comments: Send comments on or before July 31, 2023.
    Public Meetings:
    1. Tuesday, May 16, 2023, 1 to 3:00 p.m. Eastern Time (ET), 
virtual;
    2. Thursday, May 18, 2023, 6 to 8:00 p.m. ET, virtual;
    3. Tuesday, May 23, 2023, 9 to 11:00 p.m. ET, virtual; and
    4. Thursday, May 25, 2023, 3 to 5:00 p.m. ET, virtual.

ADDRESSES: Send comments identified by docket number FAA-2023-0855 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information on the public meeting, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which you can review at https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: 
    For questions concerning this action, contact Mr. Donald S. Scata, 
Jr. or Ms. Krystyna Bednarczyk, Federal Aviation Administration, 800 
Independence Ave. SW, Washington, DC 20591; telephone (202) 267-6999; 
email [email protected].

SUPPLEMENTARY INFORMATION: 
    First, the FAA is reviewing research on the effects of exposure to 
aviation noise, including the correlation of exposure to aviation noise 
with adverse health impacts, economic impacts, and annoyance.
    Second, the FAA is reviewing its standard noise metric that 
describes exposure to aircraft noise, and potential revisions to the 
choice of standard metric(s).
    Third, the FAA is reviewing its definition of the threshold of 
significant noise exposure for actions analyzed under the National 
Environmental Policy Act of 1969 to determine if that threshold remains 
appropriate or requires revision.
    Last, the FAA is examining the level of aircraft noise exposure 
below which land uses are considered ``normally compatible'' with 
airport operations, as that term is defined in the regulations 
implementing the Aviation Safety and Noise Abatement Act of 1979. This 
includes consideration of the criteria for application of noise 
mitigation measures to address adverse noise exposure in areas that the 
FAA currently considers to be ``normally compatible'' with airport 
operations under FAA's regulations.
    The FAA will consider how changes to the civil aviation noise 
policy may better inform agency decisionmaking, the types of impacts it 
considers in making decisions (e.g., community annoyance, certain types 
of adverse health impacts highly correlated with aviation noise 
exposure), and potential improvements to how the FAA

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analyzes, explains, and presents changes in exposure to civil aviation 
noise. Because the review addresses the technical elements of the FAA's 
civil aviation noise policy, this review will not itself reduce noise 
associated with aviation. The FAA will hold virtual webinars to provide 
background information regarding the noise policy review and respond to 
technical matters.

I. Background

A. FAA Actions With Respect to Civil Aviation Noise

    Aircraft and vehicles make noise. More than 2.3 million passengers 
fly daily in U.S. airspace. Demand continues to grow for aviation 
passenger and cargo services. At the same time, new users seek to 
operate in U.S. airspace using different aircraft and vehicles that 
will change where and how communities are affected by aircraft noise. 
Commercial space rocket launches, unmanned aircraft systems (UAS or 
drones), and urban air mobility/advanced air mobility (UAM/AAM) 
vehicles will operate in ways that differ fundamentally from 
traditional fixed wing aircraft and helicopters that take off and land 
at airports. As a result, these operations will change the way 
communities interact with aircraft and experience noise exposure.
    The FAA, air carriers, airports, aircraft manufacturers, other 
stakeholders and industry members, local communities, and elected 
officials share responsibility for addressing aircraft noise concerns. 
For example, FAA does not make decisions about flight times, number of 
operations, and aircraft type departing from or landing at airports. 
These decisions rest with private industry. Airport location and land 
uses surrounding airports are a function of local community zoning and 
land use planning. Runway alignment is determined by the prevailing 
winds at that specific location. The FAA is charged with controlling 
aircraft noise by regulating source emissions, designing flight 
operational procedures, and managing the air traffic control system and 
navigable airspace in ways that minimize, where appropriate, noise 
impacts on the ground consistent with the highest standards of 
safety.\1\
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    \1\ See 49 U.S.C. 40103(b), 44502, and 44721, which provide 
extensive and plenary authority to the FAA concerning use and 
management of the navigable airspace, air traffic control, and air 
navigation facilities. The FAA has implemented this authority by 
promulgating regulations at 14 CFR parts 71, 73, 75, 91, 93, 95, and 
97. See also 49 U.S.C. 44715, which requires the FAA Administrator 
to prescribe noise standards for aircraft noise and sonic boom and 
to prescribe regulations to control and abate aircraft noise and 
sonic boom by promulgating aircraft noise regulations. FAA has 
implemented this authority by promulgating regulations at 14 CFR 
part 36, on source noise reduction and limits on noise emissions of 
large aircraft of new or modified design. Essentially, part 36 
establishes the quietest uniform standard then possible, after 
taking into account safety, economic reasonableness, and 
technological feasibility. In addition, the FAA has phased out older 
aircraft to achieve noise reductions consistent with Congressional 
mandates and international standards. As of January 2016, all 
civilian transport category aircraft, regardless of weight, are 
required to meet Stage 3 requirements in order to operate in the 
continental U.S. and any air carrier aircraft manufactured today 
must meet Stage 5 requirements.
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    The FAA has long recognized that aircraft noise is a primary and 
pivotal concern of many stakeholders. Accordingly, the FAA strives to 
reduce noise in ways within its purview, but its ability to control the 
change in airport noise exposure is limited. The FAA has acted 
continuously and effectively within the bounds of its authority to 
improve the environmental effects of the aviation sector by better 
understanding, managing, and, where possible, reducing the adverse 
environmental impacts of global aviation through research and 
technological innovation, policy,\2\ and outreach to the public.\3\
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    \2\ FAA established noise certification standards for new and 
modified designs of civil subsonic aircraft in 14 CFR part 36. The 
FAA does not intend to consider changes to these regulations in the 
NPR.
    \3\ FAA, 2020, Report to Congress: FAA Reauthorization Act of 
2018 (Pub. L. 115-254) Section 188 and Sec 173, https://www.faa.gov/about/plans_reports/congress/media/Day-Night_Average_Sound_Levels_COMPLETED_report_w_letters.pdf.
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    Over the last six decades, aircraft have gotten much quieter due in 
part to action by the FAA. The FAA has phased out operations by older, 
noisier aircraft and set more stringent aircraft certification noise 
standards to reduce the amount of noise they emit.\4\ The FAA also 
established research and development partnership programs with academia 
and industry to develop quieter aircraft technology.\5\ As a result, 
the noise produced from one flight by a Boeing 707-200 jet, a typical 
commercial aircraft that began to fly in 1957 is roughly equivalent to 
the noise produced from 30 flights by a typical Boeing 737-800 jet.\6\ 
At the same time, the number of enplanements has increased from 
approximately 200 million in 1975 to over 850 million today. 
Enplanements are predicted to grow over the next twenty years, on 
average, by 4.7 percent annually.\7\
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    \4\ The FAA regulation of older, noisier aircraft technology is 
consistent with congressional direction and International Civil 
Aviation Organization standards. See, e.g., 82 FR 46123 (Oct. 4, 
2017).
    \5\ For more information, see the FAA's Continuous Lower Energy, 
Emissions, and Noise (CLEEN) Program, at https://www.faa.gov/about/office_org/headquarters_offices/apl/research/aircraft_technology/cleen/.
    \6\ Based on an average of approach and takeoff certificated 
noise levels as defined in 14 CFR part 36.
    \7\ This growth rate was developed by FAA as part of its 2022-
2042 commercial aviation forecast, which incorporates assumptions 
from statistical (econometric) models to explain and account for 
emerging trends for different segments of the aviation industry. See 
FAA, FAA Aerospace Forecast Fiscal Years 2022-2042 at 2, https://www.faa.gov/sites/faa.gov/files/2022-06/FY2022_42_FAA_Aerospace_Forecast.pdf.
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    As operations have increased substantially since the mid-1970's, 
the number of people adversely exposed to aviation noise (levels above 
the Day Night Average Sound Level of 65 decibels) in the U.S. has 
declined dramatically from roughly 7 million to just over 400,000 
today. This is significant improvement in environmental outcomes 
because the U.S. Census Bureau indicates that between 1970 and 2010, 
the percentage of the population living in dense urban areas increased 
from 73.6 percent to 80.7 percent. FAA regulation of noise at the 
source has improved environmental outcomes. In the eyes of the public, 
however, aircraft noise and its impact on people continues to be a 
major source of concern.
    This perception was reinforced by results of a nationally scoped 
survey that updated FAA's understanding of the dose-response 
relationship between exposure to aircraft noise and community annoyance 
(Neighborhood Environmental Survey or NES).\8\ On January 13, 2021, the 
FAA published in the Federal Register a notice and request for input on 
the FAA's research activities that would inform the FAA's aircraft 
noise policy and would inform the future direction of the FAA noise 
research portfolio.\9\ In addition to setting forth the FAA aircraft 
noise policy and research efforts, the notice described the results of 
the NES and research into the societal benefits and costs of noise 
mitigation measures. The FAA explained that the Neighborhood 
Environmental Survey updated the FAA's understanding of the dose-
response relationship between exposure to aircraft noise and community 
annoyance. The NES showed that a

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higher percentage of people were ``highly annoyed'' by aircraft noise 
across all levels of noise exposure that were studied.\10\
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    \8\ Miller, Nicholas P., et al. Analysis of the neighborhood 
environmental survey. DOT/FAA/TC-21/4. 2021, https://www.airporttech.tc.faa.gov/Products/Airport-Safety-Papers-Publications/Airport-Safety-Detail/ArtMID/3682/ArticleID/2845/Analysis-of-NES. See also FAA, Overview of FAA Aircraft Noise Policy 
and Research Efforts: Request for Input on Research Activities to 
Inform Aircraft Noise Policy, 86 FR 2722 (January 13, 2021).
    \9\ FAA, Overview of FAA Aircraft Noise Policy and Research 
Efforts: Request for Input on Research Activities to Inform Aircraft 
Noise Policy, 86 FR 2722 (January 13, 2021).
    \10\ 86 FR 2724. See also FAA, The Foundational Elements of the 
Federal Aviation Administration Civil Aircraft Noise Policy: The 
Noise Measurement System, its Component Noise Metrics, and Noise 
Thresholds (April 2023), https://www.faa.gov/noisepolicyreview/NPR-framing.
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    More than 4,100 comments were submitted in response to the FAA's 
January 13, 2021 Federal Register notice. Some commenters suggested 
additional topics for research, which the FAA has taken under 
consideration. Overwhelmingly, however, the public encouraged the FAA 
to revise its policy in light of its research findings rather than 
waiting for the results of the FAA's ongoing research.
    In response to that feedback, the FAA initiated a review (noise 
policy review or NPR) of its civil aviation noise policy (policy). The 
FAA policy is set forth in various agency regulations, orders, 
guidance, and policy statements.\11\ It identifies how the FAA 
analyzes, explains, and publicly presents changes in noise exposure 
from aviation activity: recreational and commercial fixed wing 
airplanes, helicopters, commercial space transportation vehicles, 
unmanned aircraft systems, as well as emerging technology vehicles 
(newer types of vehicles that will operate in U.S. airspace). It 
applies to actions the FAA regulates, conducts, authorizes, or funds.
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    \11\ See, e.g., 14 CFR part 36, Noise Standards: Aircraft Type 
and Airworthiness Certification, 34 FR 18364 (Nov. 18, 1969); 14 CFR 
part 150, Airport Noise Compatibility Planning, 49 FR 49269 
(December 18, 1984); 14 CFR part 161, Notice and Approval of Airport 
Noise and Access Restrictions, 56 FR 48698 (Sept. 25, 1991); U.S. 
Department of Transportation and FAA, The Aviation Noise Abatement 
Policy, (Nov. 18, 1976) (ANAP) available at https://www.faa.gov/regulations_policies/policy_guidance/envir_policy/; FAA Order 
1050.1F, Environmental Policies and Procedures (FAA Order 1050.1F), 
80 FR 44209 (July 24, 2015); FAA Order 5050.4B, National 
Environmental Policy Act (NEPA) Implementing Instructions for 
Airport Projects (FAA Order 5050.4B); FAA Joint Order 7400.2N, 
Procedures for Handling Airspace Matters (Nov. 3, 2022) at Chapter 
32. ``Environmental Matters and Appendix 9, Noise Policy for 
Management of Airspace Over Federally Managed Lands''; and FAA Order 
1050.1F Desk Reference.
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    As commenters on the January 13, 2021 notice pointed out, the 
current policy is based on research conducted many decades ago. Since 
the policy was first issued, additional research has been conducted 
into the effects of aircraft noise on individuals and communities. The 
research spans aviation noise topics such as the economic value of 
noise impacted property, community annoyance, children's learning, 
speech interference, sleep disturbance, and human health impacts such 
as cardiovascular health.\12\ The NPR provides an opportunity to 
determine whether, and if so, how, to update the policy in response to 
these and other research findings described in the January 13, 2021 
notice.
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    \12\ Wolfe, Malina, Barrett & Waitz 2016, Cost and benefits of 
U.S. Aviation noise land-use policies, Transportation Research Part 
D: Transport and Environment, v. 44 (2016) 147-156, https://dx.doi.org/10.1016/j.trd.2016.02.010 (assessed quantitatively the 
costs and health and public welfare benefits of noise mitigating 
land-use management practices at 16 U.S. airports, specifically 
housing insulation and property acquisition, as compared to control 
of noise at the source. This study estimated that reducing 
environmental noise exposure through local land-acquisition and 
soundproofing policies can provide health and welfare benefits from 
$10,000 per person when applied in low-income ($20,000 per capita) 
and low-noise-exposure (65 dB) communities and upwards of $25,000 
per person in high-income ($60,000 per capita) and high-noise-
exposure (75 dB) communities. However, the study concluded that the 
costs of these programs often exceed their benefits except for at 
the highest noise exposure levels.)
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B. Effect of Changes in Aircraft and Vehicle Operations in U.S. 
Airspace.

    As described in Section I.A., infra, the NPR will also consider how 
the noise environment is changing from newer users of the airspace 
using the airspace differently than operators of recreational or 
commercial fixed wing airplanes and helicopters. This includes newer 
users operating commercial space transportation vehicles (rocket 
launches and reentries), unmanned aircraft systems (also known as UAS 
or drones), and other emerging technology vehicles (newer types of 
vehicles that will operate in the U.S. airspace).

C. FAA Regulation of Noise Under the Aviation Safety and Noise 
Abatement Act of 1979 and Assessment of Changes in the Noise 
Environment Under the National Environmental Policy Act of 1969

    In response to a law called the Aviation Safety and Noise Abatement 
Act of 1979,\13\ the FAA took a series of actions related to aviation 
noise. First, the FAA established a system for measuring how aircraft 
noise is experienced on the ground. The experience of noise by people 
and other receptors on the ground is described in this notice as 
``aircraft noise exposure.'' Currently, the FAA uses a single-metric 
system to analyze aircraft noise exposure. The noise metric \14\ that 
is the heart of this single-metric system is called the Day-Night 
Average Sound Level (DNL).\15\ Currently, DNL is the FAA's core metric 
for decisionmaking in situations involving aircraft noise exposure. 
This law requires the FAA to develop a single system for analyzing 
aircraft noise exposure; however, the system does not have to be 
composed of a single metric. Rather the system must have a high degree 
of correlation between the projected noise exposure levels and the 
surveyed reactions of people to those noise levels and must account for 
the intensity, duration, frequency, and tone of noise-producing 
activity, as well as the time of occurrence.\16\
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    \13\ Aviation Safety and Noise Abatement Act of 1979, codified 
at 49 U.S.C. 47501 et seq., and implemented through 14 CFR part 150 
(Part 150).
    \14\ A ``noise metric'' refers to the unit or quantity that 
quantitatively measures the exposure of individuals to noise.
    \15\ See 14 CFR 150.7. The Day-Night Average Sound Level (DNL) 
is the 24-hour average sound level, in decibels, for the period from 
midnight to midnight, obtained after the addition of ten decibels to 
sound levels for the periods between midnight and 7 a.m., and 
between 10 p.m., and midnight, local time. This is a cumulative 
noise metric.
    \16\ 49 U.S.C. 47502(2).
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    Second, in response to that law, the FAA issued regulations (14 CFR 
part 150) to establish the requirements and the process and procedures 
for airport noise compatibility planning.\17\
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    \17\ This included procedures, standards, and methodology for 
airport development and submission, and FAA review of airport noise 
exposure maps and airport noise compatibility programs and the 
provision for using a single system to measure noise at airports and 
surrounding areas and determine exposure of individuals to noise 
that results from the operations of an airport when preparing these 
documents. See 14 CFR 150.1.
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    Third, the regulations also identify land uses that are ``normally 
compatible'' with various noise exposure levels. These land use 
classifications were developed by the FAA based on its evaluation of 
the Federal land use compatibility guidelines established during the 
1970s by a Federal interagency committee comprised of research agencies 
and agencies with expertise in aviation-related noise.\18\ To the 
extent practicable, FAA's ``normally compatible'' and ``noncompatible'' 
land uses are comparable to and consistent with, although separate 
from, other Federal programs directed towards similar considerations of 
noise exposure.
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    \18\ The Federal agencies that are responsible for Federal 
programs in which noise exposure is a factor and which comprised the 
interagency committee that developed the Federal land use 
compatibility guidelines include, among others, the U.S. Department 
of Defense, U.S. Department of Housing and Urban Development, and 
the National Park Service.
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    As one of the four elements of the review, the FAA will consider 
how the agency's updated understanding of the effects of aircraft noise 
on individuals, communities, and noise-sensitive areas should be used 
to potentially revise the

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definitions adopted by the FAA of land uses that are ``normally 
compatible'' with airport operations and associated with different 
levels of aviation noise exposure. This will include consideration of 
the criteria for application of noise mitigation measures to address 
adverse noise exposure in areas that the FAA currently considers to be 
``normally compatible.'' In this notice, the FAA is focused on noise 
metrics and noise thresholds.\19\ While the FAA will consider public 
comments regarding elements of the policy not related to noise metrics 
and noise thresholds, these comments will not be the agency's initial 
priority in the review.
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    \19\ When FAA refers to ``noise thresholds'' collectively, it 
means both the definition of the level of significant noise exposure 
for actions subject to environmental review requirements set out in 
FAA Order 1050.1F as well as the definitions of the levels of noise 
exposure that are deemed to be ``normally compatible'' with airport 
operations, as set forth in Table 1 of Appendix A to Part 150.
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    The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
4321 et seq., requires Federal agencies to analyze the potentially 
significant environmental impacts of actions the FAA takes directly and 
to actions taken by a non-Federal entity where the FAA has authority to 
condition the permit, license, or other approval of the non-Federal 
entity's action (``Federal action'').\20\ The FAA established through 
an agency order (FAA Order 1050.1F) the policies and procedures that 
implement the requirements of NEPA and the Council on Environmental 
Quality (CEQ) regulations implementing NEPA. While the significance of 
an impact may vary with the context and setting of a proposed Federal 
action, FAA Order 1050.1F established a quantitative limit to describe 
the significance of changes in aviation noise exposure (NEPA 
significance threshold) based on community annoyance.\21\ The NEPA 
significance threshold is triggered if a proposed Federal action 
``would increase noise by DNL 1.5 dB or more for a noise sensitive area 
as defined in part 150 that is exposed to noise at or above the DNL 65 
dB noise exposure level, or that will be exposed at or above the DNL 65 
dB level due to a DNL 1.5 dB or greater increase, when compared to the 
no action alternative for the same timeframe.'' \22\ For example, an 
increase from DNL 65.5 dB to 67 dB would be considered a significant 
impact, as would an increase from DNL 63.5 dB to 65 dB.\23\
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    \20\ FAA Order 1050.1F at Paragraph 1-9.
    \21\ FAA Order 1050.1F at Exhibit 4-1.
    \22\ Id.
    \23\ Id.
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    The FAA considers the significance of project impacts when 
determining the appropriate level of environmental review and the level 
of public involvement that may be required before a decision on a 
proposed Federal action is made. Finally, while NEPA does not require 
any particular outcome, its requirements ensure that FAA officials make 
informed decisions after considering the environmental consequences of 
proposed Federal actions. The FAA's determination to establish a NEPA 
significance threshold, the type of impact (community annoyance) that 
informed the selection of the limit of the NEPA significance threshold, 
and the noise metric (DNL) that quantitatively describes the impact of 
noise exposure are three of the four elements of the policy that are 
under review as part of the NPR. Specifically, this review will 
consider whether the FAA should continue to use the cumulative DNL 
metric as the sole basis for decisions made in the context of analyses 
prepared pursuant to NEPA and the Part 150 regulations or adopt a suite 
of metrics to address different scenarios based on the noise 
environment, source of noise, and other considerations.
    The result of this review may include modifying the FAA's system 
for considering aviation noise. Modifications could include replacing 
DNL as the sole decisionmaking noise metric; incorporating new 
decisionmaking noise metrics into the system; identifying when the 
metrics that may comprise the system should be used alone or in 
combination; and revising the FAA policy \24\ on the use of 
supplemental metrics. In addition, the FAA will consider how these 
metrics should be calculated.
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    \24\ The FAA's NEPA procedures address the use of supplemental 
noise metrics. See FAA Order 1050.1F, Environmental Impacts: 
Policies and Procedures, Appendix B, paragraph B-1.6; 1050.1F Desk 
Reference, Section 11.4.
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D. Immediate Effect of the Noise Policy Review

    The FAA notes that none of the changes currently being considered 
through this noise policy review will immediately affect the level of 
noise to which an individual, community, or noise-sensitive area (e.g., 
park, school, hospital, etc.) is exposed. A downward adjustment to the 
definition of existing significant noise exposure will not change the 
actual noise environment. Nor will real-world noise experienced by 
individuals and communities be changed if the FAA changes its criteria 
for identifying significant new noise exposure associated with proposed 
actions being examined in an environmental review conducted pursuant to 
NEPA.\25\ No policy change on its own will cap or reduce the levels of 
aviation noise. The FAA normally takes actions that enhance the safety, 
efficiency, and capacity of U.S. airspace while considering associated 
noise impacts. As these actions are proposed, the FAA analyzes and 
discloses publicly the modeled change in the noise environment to help 
the public understand how their experience of aviation noise will 
change over time.
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    \25\ See 42 U.S.C. 4321 et seq., 40 CFR parts 1500-1508, and FAA 
Order 1050.1F. NEPA directs the Federal government to ensure that 
the likely significant environmental effects of proposed policies, 
plans, programs, projects or other actions are identified and 
assessed before the Federal agency makes a decision on whether the 
proposal should proceed. It also identifies certain procedures that 
must be followed regarding the level of environmental analysis to be 
conducted as well as ensures certain types of public disclosure and 
public involvement before the FAA makes a decision or takes an 
action. This does not mean, however, that the FAA must choose the 
most environmental favorable or most environmentally acceptable 
option.
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E. Next Steps

    The FAA intends to give serious consideration to stakeholder \26\ 
input on the policy. If the FAA decides to revise the policy, any 
revisions will also consider modern aviation noise research and how the 
evolving use of the U.S. airspace affects experiences of aviation 
noise. Any revisions to the policy will also promote more effective 
public disclosure of noise impacts under NEPA. In summary, this review 
should improve implementation of the major tenets of the 1976 Aviation 
Noise Abatement Policy, which sets forth the goals, policies, and 
strategies the FAA should employ to reduce the impact of aviation 
noise.
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    \26\ The FAA will continue to coordinate on matters related to 
aviation noise research and policy through the Federal Interagency 
Committee on Aviation Noise (FICAN), which provides a forum for 
Federal agencies to coordinate on future research needs to 
understand, predict, and better control the effects of aviation 
noise. FICAN comprises Federal agencies that conduct research on 
aviation-related noise as well as agencies that do not conduct 
research but that have broad policy roles with respect to aviation 
noise issues. Current member agencies include: the U.S. Departments 
of Defense, Transportation, Interior, Health and Human Services, 
Housing and Urban Development as well as the Environmental 
Protection Agency and NASA. In addition, in accordance with 40 CFR 
parts 1500-1508, the FAA will coordinate with the Council on 
Environmental Quality if the FAA recommends changes to its NEPA 
implementing procedures (FAA Order 1050.1F).
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F. Purpose of This Notice

    The FAA invites comments through this notice to inform its 
consideration of these foundational elements of the policy. The FAA 
recognizes that

[[Page 26645]]

exposure to aviation noise is a pivotal quality-of-life issue for the 
public and welcomes input on how the FAA's assessment and disclosure of 
noise impacts may improve community understanding and expectations 
regarding future noise exposure. The most helpful comments would 
reference a specific recommendation, explain the reason for any 
recommended change, and include supporting information.
    At this time, the FAA cannot predict how many comments will be 
received, whether requests to extend the comment period will be 
submitted, or how long it will take to review and respond to public 
comments. While the FAA will work expeditiously to review the input 
when the public comment period closes, the FAA cannot provide 
information regarding the timing of follow-on actions. However, 
following the FAA's consideration of comments, the FAA will publish in 
the Federal Register a subsequent notice to announce the input it 
received and how the FAA considered it in developing its recommended 
revisions to the policy. That notice will identify the elements of the 
policy that will be modified and explain how the FAA recommends 
revising the policy. The FAA will identify the subsequent actions it 
will take to implement the recommendation and whether the future change 
to the policy will be implemented through proposed rulemaking or other 
administrative actions. That notice will identify the FAA office that 
will be primarily responsible for implementing the recommended revision 
and identify, with specificity, the agency regulations, orders, 
guidance, or policy statements that will be modified. Finally, that 
notice will set forth how the public can continue to provide input when 
the FAA proposes revisions to relevant documents.

II. Request for Comments

    The FAA seeks written public comments on the ways it describes 
potential impacts of aircraft noise as well as how the FAA defines the 
threshold of significant noise exposure for noise sensitive receivers. 
In addition, the FAA seeks public comment on the noise exposure limit 
that normally would be considered compatible for noise-sensitive land 
uses. To provide background information and context for the questions 
set forth below, the FAA invites the public to review a framing paper 
entitled, The Foundational Elements of the Federal Aviation 
Administration Civil Aircraft Noise Policy: The Noise Measurement 
System, its Component Noise Metrics, and Noise Thresholds, available 
at: https://www.faa.gov/noisepolicyreview/NPR-framing. The FAA welcomes 
any comments from the public on any of these issues and is particularly 
interested in the public's responses to the questions and information 
requested below.
    The FAA maintains a robust program of activities related to 
aviation noise. The FAA's approach is multi-pronged, including research 
and development, regulatory control, and public and stakeholder 
outreach programs relating to the public's experience of aviation 
noise. In the next section of this notice, the FAA presents a series of 
questions designed to solicit public input that will supplement and 
augment the FAA's technical consideration of these issues. The FAA 
intentionally designed the questions below to seek written comment from 
a range of aviation stakeholders with varying levels of familiarity 
with the FAA, its role in addressing aircraft noise exposure, and the 
noise metrics the FAA uses to analyze, explain, and publicly present 
adverse noise exposure. One of the FAA's key goals in issuing this 
notice is to obtain stakeholder input on the information FAA develops 
and uses to make decisions that affect aviation noise. Public comments 
addressing potential improvements in how, where, and with whom the FAA 
communicates regarding changes in aircraft noise exposure will be 
particularly helpful as the FAA continues to develop a policy that will 
respond to affected communities' core interests, concerns, and needs.
    Comments that focus on the issues and questions identified below 
will be most helpful. These questions are meant as a guide and 
commenters may provide their views or submit general comments related 
to how the FAA describes and discloses aviation noise impacts. The more 
specific the comments, the more useful they will be in agency 
deliberations. If relevant, commenters are requested to provide 
technical information, data, or other evidence to support the comment 
submission. Finally, the FAA requests that commenters identify the 
number of each question to which a response is submitted.
    1. Vehicle Type. When the FAA published the ANAP \27\ in 1976, the 
impacts of aviation noise were related to commercial jet service at or 
in the immediate vicinity of airports. What types or elements of 
current or future air vehicle activity (e.g., unmanned aircraft systems 
(also known as UAS or drones), advanced air mobility, rotorcraft, 
subsonic fixed wing, supersonic, or commercial space) should the policy 
describe and disclose? How should this information be described using 
noise metrics? Should the FAA use this information to make decisions or 
for public disclosure only? Please explain your reasoning.
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    \27\ The ANAP was issued by the Secretary of Transportation and 
the FAA Administrator on November 18, 1976. This document is 
available on the FAA website at https://www.faa.gov/regulations_policies/policy_guidance/envir_policy/.
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    2. Operations of Air Vehicles.
    a. What elements of aircraft operations (e.g., en-route, takeoff, 
landing) should the noise metric evaluate and disclose? Should the FAA 
use this information to make decisions or disclose to the public noise 
impacts? Please explain your reasoning.
    b. What interests or concerns do communities in the vicinity of 
airports have? How can these concerns be addressed using noise metrics? 
What noise metrics would address these concerns? Please explain your 
reasoning.
    c. What interests or concerns do overflight communities \28\ have? 
How can these concerns be addressed using noise metrics? What noise 
metrics would address these concerns? Please explain your reasoning.
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    \28\ The phrase ``overflight communities'' in this Notice refers 
to communities located under the flight paths of aircraft and 
vehicles that are distressed by aircraft noise and are located 
outside of the DNL 65 dB contour.
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    d. What interests or concerns do communities in the vicinity of 
commercial space transportation operations have? How can these concerns 
be addressed using noise metrics? What noise metrics would address 
these concerns? Please explain your reasoning.
    e. What interests or concerns do communities in the vicinity of UAS 
(drone) package delivery or other newly emerging technology operations 
have? How can these concerns be addressed using noise metrics? What 
noise metrics would address these concerns? Please explain your 
reasoning.
    3. DNL. What views or comments do you have about the FAA's core 
decisionmaking metric, DNL? How would these views regarding DNL be 
resolved if the FAA employed another noise metric (either in addition 
to, or to replace DNL) or if the FAA calculated DNL differently? Please 
explain your reasoning.
    4. Averaging. DNL provides a cumulative description of the noise 
events expected to occur over the course of an entire year averaged 
into a representative day, described as an Average Annual Day (AAD).

[[Page 26646]]

    a. Do you believe an AAD is an appropriate way to describe noise 
impacts? Please explain why or why not.
    b. If not, what alternative averaging schemes to AAD should be 
considered and why? What information would the use of an alternative 
averaging scheme capture that AAD does not?
    5. Decisionmaking Noise Metrics. The FAA currently uses DNL as its 
primary decisionmaking metric for actions subject to NEPA and airport 
noise compatibility planning studies prepared pursuant to 14 CFR part 
150.
    a. Should different noise metrics be used in different 
circumstances for decisionmaking?
    b. If the answer to Question 5.a. is ``yes,'' please identify: the 
metric, the information it provides that DNL does not, and explain when 
and how it should be employed by the FAA in its system (e.g., should 
the FAA use a noise metric other than DNL to evaluate noise exposure in 
quiet settings, such as national parks, national wildlife and waterfowl 
refuges, etc.)? Should this metric be used when the FAA is making 
decisions that affect noise in these settings? Should this metric be 
used alone or in combination with another metric?
    c. If the metric should be used in combination with another metric, 
please describe how they should be used together for decisionmaking.
    d. If the answer to Question 5.a is ``no,'' should DNL remain the 
core decisionmaking metric or should another metric be substituted in 
all circumstances?
    e. How would the use of the metrics that you recommend support 
better agency decisionmaking? Please explain and illustrate with 
specific examples how the use of the recommended metric(s) would 
benefit agency decisionmaking.
    6. Communication.
    a. Please identify whether and how the FAA can improve 
communication regarding changes in noise exposure (e.g., what 
information FAA communicates, where and with whom FAA communicates, 
what information methods FAA uses to communicate and the venues at 
which FAA shares this information). Please explain your reasoning.
    b. Should the FAA consider revisions to its policy on the use of 
supplemental noise metrics in the FAA's NEPA procedures? Please explain 
how this policy should be modified to improve FAA communication of 
noise changes when the FAA is making decisions that affect noise. 
Please explain your reasoning.
    c. What information about the change in noise resulting from civil 
aviation operations (e.g., UAS or drones, helicopters, fixed wing 
aircraft, rockets/commercial space transportation vehicles, and new 
entrant technologies) should the noise metric communicate to the 
public? Please explain your reasoning.
    d. Please explain how the public will benefit if the FAA implements 
your proposal in response to Questions 6.a and 6.b.
    7. NEPA and Land Use Noise Thresholds Established Using DNL or for 
Another Cumulative Noise Metric. The FAA has several noise thresholds 
that are informed by a dose-response curve (Schultz Curve \29\), which 
historically provided a useful method for representing the community 
response to aircraft noise. Two of the noise thresholds informed by the 
Schultz Curve are the FAA's significant noise impact threshold for 
actions being reviewed under the National Environmental Policy Act and 
the land use compatibility standards established in 14 CFR part 150, 
Appendix A. Both of these rely on the cumulative noise metric DNL and 
are referred to collectively in this question and questions 8-10 as 
``the FAA noise thresholds.'' On January 11, 2021, the FAA published 
the results of the Neighborhood Environmental Survey,\30\ a nationally 
representative dataset on community annoyance in response to aircraft 
noise. The Neighborhood Environmental Survey results show higher 
percentage of people who self-identify as ``highly annoyed'' by 
aircraft noise across all DNL levels studied in comparison to the 
Schultz Curve.
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    \29\ See Schultz, T.J. 1978, ``Synthesis of Social Surveys on 
Noise Annoyance,'' Journal of the Acoustical Society of America 
64(2): 377-405. The Schultz Curve in this document refers to the 
curve generated from a meta-analysis of social surveys which set 
forth a widely accepted relationship between DNL and the percentage 
of the population who are highly annoyed by noise. This meta-
analysis was later validated by interagency government committees 
focused on aircraft noise issues. See, e.g., Federal Agency Review 
of Selected Airport Noise Analysis Issues, 1992.
    \30\ Miller, Nicholas P., et al. Analysis of the neighborhood 
environmental survey. No. DOT/FAA/TC-21/4. 2021 available at: 
https://www.airporttech.tc.faa.gov/Products/Airport-Safety-Papers-Publications/Airport-Safety-Detail/ArtMID/3682/ArticleID/2845/Analysis-of-NES. See also FAA, Overview of FAA Aircraft Noise Policy 
and Research Efforts: Request for Input on Research Activities to 
Inform Aircraft Noise Policy, 86 FR 2722 (Jan. 13, 2021).
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    a. How should the FAA consider this information (i.e., the Schultz 
Curve and Neighborhood Environmental Survey findings) when deciding 
whether to retain or modify the FAA noise thresholds \31\ established 
using the DNL metric or to establish new FAA noise thresholds using 
other cumulative noise metrics? Please explain your reasoning.
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    \31\ As explained in this Notice in footnote 24, infra, when FAA 
refers to ``noise thresholds'' collectively, it means both the 
definition of the level of significant noise exposure for actions 
subject to environmental review requirements set out in FAA Order 
1050.1F as well as the definitions of the levels of noise exposure 
that are deemed to be ``normally compatible'' with airport 
operations, as set forth in Table 1 of Appendix A to Part 150.
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    b. Should the FAA consider other or additional information when 
deciding whether to retain or modify the FAA noise thresholds that were 
established using the DNL metric or to establish new FAA noise 
thresholds using other cumulative noise metrics? Please describe the 
reason for the recommendation and identify the data, information, or 
evidence that supports the recommendation.
    c. How should research findings on auditory or non-auditory effects 
(e.g., speech interference, sleep disturbance, cardiovascular health 
effects) of noise exposure caused by civil aircraft and vehicles be 
considered by the FAA when it decides whether to retain or modify the 
FAA noise thresholds \32\ that were established using the DNL metric? 
How should the FAA consider this same research when deciding whether to 
establish new FAA noise thresholds using other cumulative noise 
metrics? Please explain your response.
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    \32\ Id.
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    d. In examining whether to change its metrics and thresholds for 
noise, the FAA needs reliable information to support any changes. One 
type of information that the FAA can rely on is epidemiological 
evidence. This means the study (scientific, systematic, and data-
driven) of the distribution (frequency, pattern) and determinants 
(causes, risk factors) of health-related states and events (not just 
diseases) in specified populations (neighborhood, school, city, state, 
country, global). What amount of epidemiological evidence is sufficient 
to provide the FAA with a sound basis for establishing or modifying the 
FAA noise thresholds \33\ either using the DNL metric or another 
cumulative noise metric? Please explain your response.
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    \33\ Id.
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    e. Should the FAA consider using factors other than annoyance to 
establish FAA noise thresholds \34\ using the DNL metric or other 
cumulative noise metrics? What revisions to existing FAA noise 
thresholds or new noise thresholds do you recommend be

[[Page 26647]]

established and why? Please explain your response.
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    \34\ Id.
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    8. FAA Noise Thresholds Using Single-Event or Operational Metrics. 
As the FAA learned from the results of the NES, people are bothered by 
individual aircraft noise events, but their sense of annoyance 
increases with the number of those noise events. Should the FAA 
consider employing new FAA noise thresholds \35\ using single-event or 
operational metrics? If the answer is ``yes,'' which metrics should be 
used to establish the FAA noise thresholds? What should be the relevant 
noise exposure level for the new noise thresholds you propose? Please 
explain your reasoning. If the answer is ``no,'' please explain your 
reasoning.
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    \35\ Id.
---------------------------------------------------------------------------

    9. FAA Noise Thresholds for Low-Frequency Events. Should FAA 
establish noise thresholds \36\ for low-frequency events, such as those 
associated with the launch and reentry of commercial space 
transportation vehicles authorized by the FAA Office of Commercial 
Space Transportation? If the answer is ``yes,'' which metrics should be 
used to establish the noise thresholds? What should be the relevant 
noise exposure level for the new noise thresholds you propose? Please 
explain your reasoning. If the answer is ``no,'' please explain your 
reasoning.
---------------------------------------------------------------------------

    \36\ Id.
---------------------------------------------------------------------------

    10. Miscellaneous. What other issues or topics should the FAA 
consider in this review regarding noise metrics, the method of 
calculating them, the establishment of noise thresholds,\37\ or FAA's 
method of communicating the change in noise exposure? Please explain 
your response.
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    \37\ Id.
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    11. Literature Review. In this review, the FAA will examine the 
body of scientific and economic literature to understand how aviation 
noise correlates with annoyance as well as environmental, economic, and 
health impacts. The FAA also will evaluate whether any of these impacts 
are statistically significant and the metrics that may be best suited 
to disclose these impacts. A bibliography of this body of research is 
available for review in the Background Materials tab in the Docket and 
as Appendix 1 to the FAA framing paper entitled, The Foundational 
Elements of the Federal Aviation Administration Civil Aircraft Noise 
Policy: The Noise Measurement System, its Component Noise Metrics, and 
Noise Thresholds. This framing paper is available at: https://www.faa.gov/noisepolicyreview/NPR-framing. Please identify any studies 
or data regarding civil aviation noise not already identified by the 
FAA in the bibliography that you believe the FAA should evaluate. 
Please explain the relevance and significance of the study or evidence 
and how it should inform FAA decisions regarding the policy.

III. Public Participation

Virtual Webinars

    The FAA recognizes that the noise policy is of interest to Federal 
agencies, project proponents, airport sponsors, airport and corridor 
communities, and the public generally. As a result, the FAA is taking 
steps to ensure stakeholders can request clarification, ask questions, 
and provide written feedback. The FAA will hold virtual webinars to 
provide background information regarding the review and respond to 
technical matters.
    Participants may join the virtual webinars via telephone or 
virtually using Zoom. Access information and registration instructions 
will be made available on the FAA's Noise Policy Review website, 
located at https://www.faa.gov/noisepolicyreview.
    If there is not sufficient time to respond to all questions asked, 
the FAA will make supplementary materials available on the FAA's 
website at a later date, located at https://www.faa.gov/noisepolicyreview. Further instructions on signing up and participating 
in the virtual webinars will be made available on the FAA's website at 
a later date, located at https://www.faa.gov/noisepolicyreview. 
Supporting materials and written feedback to questions to which the FAA 
was unable to respond during the virtual webinar will be submitted to 
the docket as described above and posted to the FAA's website at 
https://www.faa.gov/noisepolicyreview.
    We request members of the press to RSVP to the person listed in the 
FOR FURTHER INFORMATION CONTACT section at least two weeks prior to the 
meeting that you plan to attend.
    The U.S. Department of Transportation is committed to providing 
equal access to this meeting for all participants. If you need 
alternative formats or services because of a disability, such as sign 
language, interpretation, or other ancillary aids, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section at least 
two weeks prior to the meeting that you plan to attend.

How do I prepare and submit written comments?

    To ensure that your comments are filed correctly in the docket, 
please include the docket number of this document in your comments. 
Please review information available at https://www.faa.gov/noisepolicyreview to assist you with submitting your comment to the 
docket using the instructions given above under ADDRESSES.
    Please note, if you are submitting comments electronically as PDF 
(Adobe) file, the FAA asks that the documents submitted be scanned 
using an Optical Character Recognition (OCR) process, to allow the FAA 
to search and copy certain portions of your submissions.
    The FAA will consider your comments and consider appropriate 
revisions to its policy. The FAA will publish in the Federal Register a 
notice announcing the revisions it expects to make to its policy and 
identify the relevant agency documents that will express the revised 
policy, which elements of the agency document it expects to modify, and 
the process the FAA will use to issue and implement the revised policy.

Will the FAA consider late comments?

    The FAA will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent possible, the FAA will also consider comments received after 
that date.

How can I read the comments submitted by others?

    You may read the comments received on the internet, identified by 
the docket number at the heading of this notice, at https://www.regulations.gov. You may also read comments at the address given 
above under ADDRESSES.

    Issued in Washington, DC.
Kevin Welsh,
Executive Director, Office of Environment and Energy.
[FR Doc. 2023-09113 Filed 4-28-23; 8:45 am]
BILLING CODE 4910-13-P


