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“(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). [sic] “(C) enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State[s] to address aircraft emissions.

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