US (United States) Code. Title 49. Subtitle VII: Aviation programs. Part B. Chapter 475: Noise

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Airport development

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-CITE-

49 USC CHAPTER 475 - NOISE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

-HEAD-

CHAPTER 475 - NOISE

-MISC1-

SUBCHAPTER I - NOISE ABATEMENT

Sec.

47501. Definitions.

47502. Noise measurement and exposure systems and identifying

land use compatible with noise exposure.

47503. Noise exposure maps.

47504. Noise compatibility programs.

47505. Airport noise compatibility planning grants.

47506. Limitations on recovering damages for noise.

47507. Nonadmissibility of noise exposure map and related

information as evidence.

47508. Noise standards for air carriers and foreign air

carriers providing foreign air transportation.

47509. Research program on quiet aircraft technology for

propeller and rotor driven aircraft.

47510. Tradeoff allowance.

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

47521. Findings.

47522. Definitions.

47523. National aviation noise policy.

47524. Airport noise and access restriction review program.

47525. Decision about airport noise and access restrictions

on certain stage 2 aircraft.

47526. Limitations for noncomplying airport noise and access

restrictions.

47527. Liability of the United States Government for noise

damages.

47528. Prohibition on operating certain aircraft not

complying with stage 3 noise levels.

47529. Nonaddition rule.

47530. Nonapplication of sections 47528(a)-(d) and 47529 to

aircraft outside the 48 contiguous States.

47531. Penalties for violating sections 47528-47530.

47532. Judicial review.

47533. Relationship to other laws.

AMENDMENTS

1994 - Pub. L. 103-429, Sec. 6(72)(B), Oct. 31, 1994, 108 Stat.

4388, added item 47510.

Pub. L. 103-305, title III, Sec. 308(b), Aug. 23, 1994, 108 Stat.

1594, added item 47509.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 47108 of this title.

-End-

-CITE-

49 USC SUBCHAPTER I - NOISE ABATEMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

SUBCHAPTER I - NOISE ABATEMENT

-End-

-CITE-

49 USC Sec. 47501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47501. Definitions

-STATUTE-

In this subchapter -

(1) "airport" means a public-use airport as defined in section

47102 of this title.

(2) "airport operator" means -

(A) for an airport serving air carriers that have

certificates from the Secretary of Transportation, any person

holding an airport operating certificate issued under section

44706 of this title; and

(B) for any other airport, the person operating the airport.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1284.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47501(1) 49 App.:2101(1). Feb. 18, 1980, Pub. L.

96-193, Sec. 101(1), 94

Stat. 50; restated Sept. 3,

1982, Pub. L. 97-248, Sec.

524(b)(1), 96 Stat. 696;

Dec. 30, 1987, Pub. L.

100-223, Sec. 103(f), 101

Stat. 1489.

49 App.:2101(3). Feb. 18, 1980, Pub. L.

96-193, Sec. 101(3), 94

Stat. 50.

47501(2) 49 App.:2101(2). Feb. 18, 1980, Pub. L.

96-193, Sec. 101(2), 94

Stat. 50; restated Sept. 3,

1982, Pub. L. 97-248, Sec.

524(b)(2), 96 Stat. 696.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In this section, the words "the term" are omitted as surplus.

In clause (1), the text of 49 App.:2101(3) is omitted as surplus

because the complete name of the Secretary of Transportation is

used the first time the term appears in a section.

In clause (2), the word "valid" is omitted as surplus.

AIRPORT NOISE STUDY

Pub. L. 106-181, title VII, Sec. 745, Apr. 5, 2000, 114 Stat.

178, as amended by Pub. L. 106-528, Sec. 7(a), Nov. 22, 2000, 114

Stat. 2521, provided that:

"(a) In General. - The Secretary [of Transportation] shall enter

into an agreement with the National Academy of Sciences to conduct

a study on airport noise in the United States.

"(b) Contents of Study. - In conducting the study, the National

Academy of Sciences shall examine -

"(1) the threshold of noise at which health begins to be

affected;

"(2) the effectiveness of noise abatement programs at airports

located in the United States;

"(3) the impacts of aircraft noise on communities, including

schools; and

"(4) the noise assessment practices of the Federal Aviation

Administration and whether such practices fairly and accurately

reflect the burden of noise on communities.

"(c) Report. - Not later than 18 months after the date of the

agreement entered into under subsection (a), the National Academy

of Sciences shall transmit to the Secretary a report on the results

of the study. Upon receipt of the report, the Secretary shall

transmit a copy of the report to the appropriate committees of

Congress.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated such sums as may be necessary to carry out this

section."

NONMILITARY HELICOPTER NOISE

Pub. L. 106-181, title VII, Sec. 747, Apr. 5, 2000, 114 Stat.

179, provided that:

"(a) In General. - The Secretary [of Transportation] shall

conduct a study -

"(1) on the effects of nonmilitary helicopter noise on

individuals in densely populated areas in the continental United

States; and

"(2) to develop recommendations for the reduction of the

effects of nonmilitary helicopter noise.

"(b) Focus. - In conducting the study, the Secretary shall focus

on air traffic control procedures to address helicopter noise

problems and shall take into account the needs of law enforcement.

"(c) Consideration of Views. - In conducting the study, the

Secretary shall consider the views of representatives of the

helicopter industry and organizations with an interest in reducing

nonmilitary helicopter noise.

"(d) Report. - Not later than 1 year after the date of the

enactment of this Act [Apr. 5, 2000], the Secretary shall transmit

to Congress a report on the results of the study conducted under

this section."

-End-

-CITE-

49 USC Sec. 47502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47502. Noise measurement and exposure systems and identifying

land use compatible with noise exposure

-STATUTE-

After consultation with the Administrator of the Environmental

Protection Agency and United States Government, State, and

interstate agencies that the Secretary of Transportation considers

appropriate, the Secretary shall by regulation -

(1) establish a single system of measuring noise that -

(A) has a highly reliable relationship between projected

noise exposure and surveyed reactions of individuals to noise;

and

(B) is applied uniformly in measuring noise at airports and

the surrounding area;

(2) establish a single system for determining the exposure of

individuals to noise resulting from airport operations, including

noise intensity, duration, frequency, and time of occurrence; and

(3) identify land uses normally compatible with various

exposures of individuals to noise.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1284.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47502 49 App.:2102. Feb. 18, 1980, Pub. L.

96-193, Sec. 102, 94 Stat.

50.

--------------------------------------------------------------------

In this section, before clause (1), the words "Not later than the

last day of the twelfth month which begins after February 18, 1980"

are omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47503 of this title.

-End-

-CITE-

49 USC Sec. 47503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47503. Noise exposure maps

-STATUTE-

(a) Submission and Preparation. - An airport operator may submit

to the Secretary of Transportation a noise exposure map showing the

noncompatible uses in each area of the map on the date the map is

submitted, a description of estimated aircraft operations during

1985, and how those operations will affect the map. The map shall -

(1) be prepared in consultation with public agencies and

planning authorities in the area surrounding the airport; and

(2) comply with regulations prescribed under section 47502 of

this title.

(b) Revised Maps. - If a change in the operation of an airport

will establish a substantial new noncompatible use in an area

surrounding the airport, the airport operator shall submit a

revised noise exposure map to the Secretary showing the new

noncompatible use.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1284.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47503(a) 49 App.:2103(a)(1). Feb. 18, 1980, Pub. L.

96-193, Sec. 103(a), 94

Stat. 50.

47503(b) 49 App.:2103(a)(2).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "After the

effective date of the regulations promulgated in accordance with

section 2102 of this Appendix" are omitted as executed. The words

"of an airport" and "at such airport" are omitted as surplus. The

word "how" is substituted for "the ways, if any, in which" to

eliminate unnecessary words. In clause (1), the words "planning

authorities" are substituted for "planning agencies" for

consistency.

In subsection (b), the words "to the Secretary" are added for

clarity. The words "after the submission to the Secretary of a

noise exposure map under paragraph (1)" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47504, 47505, 47506,

47507 of this title.

-End-

-CITE-

49 USC Sec. 47504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47504. Noise compatibility programs

-STATUTE-

(a) Submissions. - (1) An airport operator that submitted a noise

exposure map and related information under section 47503(a) of this

title may submit a noise compatibility program to the Secretary of

Transportation after -

(A) consulting with public agencies and planning authorities in

the area surrounding the airport, United States Government

officials having local responsibility for the airport, and air

carriers using the airport; and

(B) notice and an opportunity for a public hearing.

(2) A program submitted under paragraph (1) of this subsection

shall state the measures the operator has taken or proposes to take

to reduce existing noncompatible uses and prevent introducing

additional noncompatible uses in the area covered by the map. The

measures may include -

(A) establishing a preferential runway system;

(B) restricting the use of the airport by a type or class of

aircraft because of the noise characteristics of the aircraft;

(C) constructing barriers and acoustical shielding and

soundproofing public buildings;

(D) using flight procedures to control the operation of

aircraft to reduce exposure of individuals to noise in the area

surrounding the airport; and

(E) acquiring land, air rights, easements, development rights,

and other interests to ensure that the property will be used in

ways compatible with airport operations.

(b) Approvals. - (1) The Secretary shall approve or disapprove a

program submitted under subsection (a) of this section (except as

the program is related to flight procedures referred to in

subsection (a)(2)(D) of this section) not later than 180 days after

receiving it. The Secretary shall approve the program (except as

the program is related to flight procedures referred to in

subsection (a)(2)(D)) if the program -

(A) does not place an unreasonable burden on interstate or

foreign commerce;

(B) is reasonably consistent with achieving the goal of

reducing noncompatible uses and preventing the introduction of

additional noncompatible uses; and

(C) provides for necessary revisions because of a revised map

submitted under section 47503(b) of this title.

(2) A program (except as the program is related to flight

procedures referred to in subsection (a)(2)(D) of this section) is

deemed to be approved if the Secretary does not act within the

180-day period.

(3) The Secretary shall submit any part of a program related to

flight procedures referred to in subsection (a)(2)(D) of this

section to the Administrator of the Federal Aviation

Administration. The Administrator shall approve or disapprove that

part of the program.

(c) Grants. - (1) The Secretary may incur obligations to make

grants from amounts available under section 48103 of this title to

carry out a project under a part of a noise compatibility program

approved under subsection (b) of this section. A grant may be made

to -

(A) an airport operator submitting the program; and

(B) a unit of local government in the area surrounding the

airport, if the Secretary decides the unit is able to carry out

the project.

(2) Soundproofing and acquisition of certain residential

buildings and properties. - The Secretary may incur obligations to

make grants from amounts made available under section 48103 of this

title -

(A) for projects to soundproof residential buildings -

(i) if the airport operator received approval for a grant for

a project to soundproof residential buildings pursuant to

section 301(d)(4)(B) of the Airport and Airway Safety and

Capacity Expansion Act of 1987;

(ii) if the airport operator submits updated noise exposure

contours, as required by the Secretary; and

(iii) if the Secretary determines that the proposed projects

are compatible with the purposes of this chapter;

(B) to an airport operator and unit of local government

referred to in paragraph (1)(A) or (1)(B) of this subsection to

soundproof residential buildings located on residential

properties, and to acquire residential properties, at which noise

levels are not compatible with normal operations of an airport -

(i) if the airport operator amended an existing local

aircraft noise regulation during calendar year 1993 to increase

the maximum permitted noise levels for scheduled air carrier

aircraft as a direct result of implementation of revised

aircraft noise departure procedures mandated for aircraft

safety purposes by the Administrator of the Federal Aviation

Administration for standardized application at airports served

by scheduled air carriers;

(ii) if the airport operator submits updated noise exposure

contours, as required by the Secretary; and

(iii) if the Secretary determines that the proposed projects

are compatible with the purposes of this chapter;

(C) to an airport operator and unit of local government

referred to in paragraph (1)(A) or (1)(B) of this subsection to

carry out any part of a program developed before February 18,

1980, or before implementing regulations were prescribed, if the

Secretary decides the program is substantially consistent with

reducing existing noncompatible uses and preventing the

introduction of additional noncompatible uses and the purposes of

this chapter will be furthered by promptly carrying out the

program; and

(D) to an airport operator and unit of local government

referred to in paragraph (1)(A) or (1)(B) of this subsection to

soundproof a building in the noise impact area surrounding the

airport that is used primarily for educational or medical

purposes and that the Secretary decides is adversely affected by

airport noise.

(3) An airport operator may agree to make a grant made under

paragraph (1)(A) of this subsection available to a public agency in

the area surrounding the airport if the Secretary decides the

agency is able to carry out the project.

(4) The Government's share of a project for which a grant is made

under this subsection is the greater of -

(A) 80 percent of the cost of the project; or

(B) the Government's share that would apply if the amounts

available for the project were made available under subchapter I

of chapter 471 of this title for a project at the airport.

(5) The provisions of subchapter I of chapter 471 of this title

related to grants apply to a grant made under this chapter, except

-

(A) section 47109(a) and (b) of this title; and

(B) any provision that the Secretary decides is inconsistent

with, or unnecessary to carry out, this chapter.

(6) Aircraft noise primarily caused by military aircraft. - The

Secretary may make a grant under this subsection for a project even

if the purpose of the project is to mitigate the effect of noise

primarily caused by military aircraft at an airport.

(d) Government Relief From Liability. - The Government is not

liable for damages from aviation noise because of action taken

under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1285; Pub. L.

103-305, title I, Sec. 119, Aug. 23, 1994, 108 Stat. 1580; Pub. L.

103-429, Sec. 6(71), Oct. 31, 1994, 108 Stat. 4387; Pub. L.

106-181, title I, Sec. 154, Apr. 5, 2000, 114 Stat. 88.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47504(a) 49 App.:2104(a). Feb. 18, 1980, Pub. L.

96-193, Sec. 104(a), 94

Stat. 51; Dec. 30, 1987,

Pub. L. 100-223, Sec.

301(a), 101 Stat. 1523.

47504(b) 49 App.:2104(b). Feb. 18, 1980, Pub. L.

96-193, Sec. 104(b), (d), 94

Stat. 52, 53.

47504(c) 49 App.:2104(c). Feb. 18, 1980, Pub. L.

96-193, Sec. 104(c), 94

Stat. 52; Sept. 3, 1982,

Pub. L. 97-248, Sec.

524(b)(4), 96 Stat. 696;

Dec. 30, 1987, Pub. L.

100-223, Sec. 301(b), (c),

101 Stat. 1523; Oct. 28,

1991, Pub. L. 102-143, Sec.

336, 105 Stat. 947.

47504(d) 49 App.:2104(d).

--------------------------------------------------------------------

In subsection (a)(1)(A), the words "the officials of" are omitted

as surplus. The words "planning authorities" are substituted for

"planning agencies" for consistency.

In subsection (a)(2)(A), the word "establishing" is substituted

for "the implementation of" for consistency.

In subsection (a)(2)(B), the words "the implementation of" are

omitted as surplus.

In subsection (b)(1), before clause (A), the words "to him" and

"the measures to be undertaken in carrying out" are omitted as

surplus. In clause (B), the word "achieving" is substituted for

"obtaining" for clarity. The word "existing" is omitted as surplus.

Subsection (b)(2) is substituted for 49 App.:2104(b) (3d

sentence) to eliminate unnecessary words.

In subsection (c)(1)(B) and (2), the words "for which grant

applications are made in accordance with such noise compatibility

programs" are omitted as surplus.

In subsection (c)(1), before clause (A), the words "incur

obligations to" and "further . . . under this section" are omitted

as surplus. In clause (C), the words "to carry out any part of a

program" are substituted for "any project to carry out a noise

compatibility program", and the words "or before implementing

regulations were prescribed" are substituted for "or the

promulgation of its implementing regulations", for clarity and

consistency. The words "the purposes of" before "reducing" are

omitted as surplus. The word "noncompatible" is added after

"existing" for clarity and consistency. In clause (D), the words

"for any project" and "determined to be" are omitted as surplus.

In subsection (c)(2), the words "in turn" are omitted as surplus.

In subsection (c)(4), before clause (A), the words "All of" and

"made under section 505 of that Act" are omitted as surplus. The

word "except" is substituted for "unless" for clarity. In clause

(1), the words "relating to United States share of project costs"

are omitted as surplus. In clause (2), the words "the purposes of"

are omitted as surplus.

In subsection (d), the words "by the Secretary or the

Administrator of the Federal Aviation Administration" are omitted

as surplus.

PUB. L. 103-429

This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C)

and (D) because the subject matter is similar to that of

49:47504(c)(2)(A) and (B) that was added by section 119(2) of the

Federal Aviation Administration Authorization Act of 1994 (Public

Law 103-305, 108 Stat. 1580).

-REFTEXT-

REFERENCES IN TEXT

Section 301(d)(4)(B) of the Airport and Airway Safety and

Capacity Expansion Act of 1987, referred to in subsec.

(c)(2)(A)(i), is section 301(d)(4)(B) of Pub. L. 100-223, which was

set out as a note under section 2104 of former Title 49,

Transportation, prior to repeal by Pub. L. 103-272, Sec. 7(b), July

5, 1994, 108 Stat. 1379.

-MISC2-

AMENDMENTS

2000 - Subsec. (c)(6). Pub. L. 106-181 added par. (6).

1994 - Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(71)(A),

inserted "and" after semicolon at end.

Subsec. (c)(1)(B). Pub. L. 103-429, Sec. 6(71)(B), substituted a

period for semicolon at end.

Subsec. (c)(1)(C), (D). Pub. L. 103-429, Sec. 6(71)(C),

redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).

Subsec. (c)(2). Pub. L. 103-305, Sec. 119(2), added par. (2).

Former par. (2) redesignated (3).

Subsec. (c)(2)(A)(iii). Pub. L. 103-429, Sec. 6(71)(D), struck

out "and" after semicolon at end.

Subsec. (c)(2)(B)(iii). Pub. L. 103-429, Sec. 6(71)(E),

substituted a semicolon for period at end.

Subsec. (c)(2)(C), (D). Pub. L. 103-429, Sec. 6(71)(F),

substituted "to an airport operator and unit of local government

referred to in paragraph (1)(A) or (1)(B) of this subsection" for

"an airport operator or unit of local government referred to in

clause (A) or (B) of this paragraph".

Pub. L. 103-429, Sec. 6(71)(C), redesignated par. (1)(C) as

(2)(C) and (1)(D) as (2)(D).

Subsec. (c)(3). Pub. L. 103-305, Sec. 119(1), redesignated par.

(2) as (3). Former par. (3) redesignated (4).

Subsec. (c)(4). Pub. L. 103-305, Sec. 119(3), struck out

"paragraph (1) of" before "this subsection" in introductory

provisions.

Pub. L. 103-305, Sec. 119(1), redesignated par. (3) as (4).

Former par. (4) redesignated (5).

Subsec. (c)(5). Pub. L. 103-305, Sec. 119(1), redesignated par.

(4) as (5).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40117, 47117, 47505,

48103 of this title.

-End-

-CITE-

49 USC Sec. 47505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47505. Airport noise compatibility planning grants

-STATUTE-

(a) General Authority. - The Secretary of Transportation may make

a grant to a sponsor of an airport to develop, for planning

purposes, information necessary to prepare and submit -

(1) a noise exposure map and related information under section

47503 of this title, including the cost of obtaining the

information; or

(2) a noise compatibility program under section 47504 of this

title.

(b) Availability of Amounts and Government's Share of Costs. - A

grant under subsection (a) of this section may be made from amounts

available under section 48103 of this title. The United States

Government's share of the grant is the percent for which a project

for airport development at an airport would be eligible under

section 47109(a) and (b) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1286.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47505 49 App.:2103(b). Feb. 18, 1980, Pub. L.

96-193, Sec. 103(b), 94

Stat. 51; restated Sept. 3,

1982, Pub. L. 97-248, Sec.

524(b)(3), 96 Stat. 696.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "incur

obligations to" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40117, 47117, 48103 of

this title.

-End-

-CITE-

49 USC Sec. 47506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47506. Limitations on recovering damages for noise

-STATUTE-

(a) General Limitations. - A person acquiring an interest in

property after February 18, 1980, in an area surrounding an airport

for which a noise exposure map has been submitted under section

47503 of this title and having actual or constructive knowledge of

the existence of the map may recover damages for noise attributable

to the airport only if, in addition to any other elements for

recovery of damages, the person shows that -

(1) after acquiring the interest, there was a significant -

(A) change in the type or frequency of aircraft operations at

the airport;

(B) change in the airport layout;

(C) change in flight patterns; or

(D) increase in nighttime operations; and

(2) the damages resulted from the change or increase.

(b) Constructive Knowledge. - Constructive knowledge of the

existence of a map under subsection (a) of this section shall be

imputed, at a minimum, to a person if -

(1) before the person acquired the interest, notice of the

existence of the map was published at least 3 times in a

newspaper of general circulation in the county in which the

property is located; or

(2) the person is given a copy of the map when acquiring the

interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1286.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47506 49 App.:2107. Feb. 18, 1980, Pub. L.

96-193, Sec. 107, 94 Stat.

53.

--------------------------------------------------------------------

In subsection (a)(2), the words "for which recovery is sought

have" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 47507 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47507. Nonadmissibility of noise exposure map and related

information as evidence

-STATUTE-

No part of a noise exposure map or related information described

in section 47503 of this title that is submitted to, or prepared

by, the Secretary of Transportation and no part of a list of land

uses the Secretary identifies as normally compatible with various

exposures of individuals to noise may be admitted into evidence or

used for any other purpose in a civil action asking for relief for

noise resulting from the operation of an airport.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1287.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47507 49 App.:2106. Feb. 18, 1980, Pub. L.

96-193, Sec. 106, 94 Stat.

53.

--------------------------------------------------------------------

The words "land uses which are" are omitted as surplus. The words

"civil action" are substituted for "suit or action" for consistency

in the revised title and with other titles of the United States

Code. The words "damages or other" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 47508 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47508. Noise standards for air carriers and foreign air

carriers providing foreign air transportation

-STATUTE-

(a) General Requirements. - The Secretary of Transportation shall

require each air carrier and foreign air carrier providing foreign

air transportation to comply with noise standards -

(1) the Secretary prescribed for new subsonic aircraft in

regulations of the Secretary in effect on January 1, 1977; or

(2) of the International Civil Aviation Organization that are

substantially compatible with standards of the Secretary for new

subsonic aircraft in regulations of the Secretary at parts 36 and

91 of title 14, Code of Federal Regulations, prescribed between

January 2, 1977, and January 1, 1982.

(b) Compliance at Phased Rate. - The Secretary shall require each

air carrier and foreign air carrier providing foreign air

transportation to comply with the noise standards at a phased rate

similar to the rate for aircraft registered in the United States.

(c) Nondiscrimination. - The requirement for air carriers

providing foreign air transportation may not be more stringent than

the requirement for foreign air carriers.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1287.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47508(a) 49 App.:2122(a) Feb. 18, 1980, Pub. L.

(1st sentence words 96-193, Sec. 302(a), 94

before last comma, Stat. 56.

last sentence).

47508(b) 49 App.:2122(a)

(1st sentence words

after last comma).

47508(c) 49 App.:2122(a) (2d

sentence).

--------------------------------------------------------------------

In this section, the word "providing" is substituted for

"engaging in" for consistency in the revised title.

In subsection (a), the words "acting through the Administrator"

and "acting through the Administrator of the Federal Aviation

Administration (14 CFR part 36)" are omitted for consistency.

Section 6(c)(1) of the Department of Transportation Act (Public Law

89-670, 80 Stat. 938) transferred all duties and powers of the

Federal Aviation Agency and the Administrator to the Secretary of

Transportation. However, the Secretary was to carry out certain

provisions through the Administrator. In addition, various laws

enacted since then have vested duties and powers in the

Administrator. All provisions of law the Secretary is required to

carry out through the Administrator are included in 49:106(g).

Before clause (1), the words "If, by January 1, 1980, the

International Civil Aviation Organization (hereafter referred to as

'ICAO') does not reach an agreement" and "commence a rulemaking to"

and 49 App.:2122(a) (last sentence) are omitted as executed. In

clause (1), the words "as such regulations were" are omitted as

surplus. In clause (2), the words "on noise standards and an

international schedule" and "(annex 16)" are omitted as surplus.

The words "of the Secretary for new subsonic aircraft in

regulations of the Secretary at parts 36 and 91 of title 14, Code

of Federal Regulations, prescribed between January 2, 1977, and

January 1, 1982" are substituted for "set forth in such regulations

issued by the Secretary (14 CFR parts 36 and 91) during the 5-year

period thereafter" for clarity and consistency.

In subsection (b), the words "in effect" are omitted as surplus.

STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE LEVELS

Pub. L. 106-181, title VII, Sec. 726, Apr. 5, 2000, 114 Stat.

167, provided that:

"(a) Development of New Standards. - The Secretary [of

Transportation] shall continue to work to develop through the

International Civil Aviation Organization new performance standards

for aircraft and aircraft engines that will lead to a further

reduction in aircraft noise levels.

"(b) Goals To Be Considered in Developing New Standards. - In

negotiating standards under subsection (a), the Secretary shall

give high priority to developing standards that -

"(1) are performance based and can be achieved by use of a full

range of certifiable noise reduction technologies;

"(2) protect the useful economic value of existing Stage 3

aircraft in the United States fleet;

"(3) ensure that United States air carriers and aircraft engine

and hushkit manufacturers are not competitively disadvantaged;

"(4) use dynamic economic modeling capable of determining

impacts on all aircraft in service in the United States fleet;

and

"(5) continue the use of a balanced approach to address

aircraft environmental issues, taking into account aircraft

technology, land use planning, economic feasibility, and airspace

operational improvements.

"(c) Annual Report. - Not later than July 1, 2000, and annually

thereafter, the Secretary shall transmit to Congress a report

regarding the application of new standards or technologies to

reduce aircraft noise levels."

AIRCRAFT NOISE RESEARCH PROGRAM

Pub. L. 102-581, title III, Sec. 304, Oct. 31, 1992, 106 Stat.

4896, provided that:

"(a) Establishment. - The Administrator of the Federal Aviation

Administration and the Administrator of the National Aeronautics

and Space Administration shall jointly conduct a research program

to develop new technologies for quieter subsonic jet aircraft

engines and airframes.

"(b) Goal. - The goal of the research program established by

subsection (a) is to develop by the year 2000 technologies for

subsonic jet aircraft engines and airframes which would permit a

subsonic jet aircraft to operate at reduced noise levels.

"(c) Participation. - In carrying out the program established by

subsection (a), the Administrator of the Federal Aviation

Administration and the Administrator of the National Aeronautics

and Space Administration shall encourage the participation of

representatives of the aviation industry and academia.

"(d) Report to Congress. - The Administrator of the Federal

Aviation Administration and the Administrator of the National

Aeronautics and Space Administration shall jointly submit to

Congress, on an annual basis during the term of the program

established by subsection (a), a report on the progress being made

under the program toward meeting the goal described in subsection

(b)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 47509 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47509. Research program on quiet aircraft technology for

propeller and rotor driven aircraft

-STATUTE-

(a) Establishment. - The Administrator of the Federal Aviation

Administration and the Administrator of the National Aeronautics

and Space Administration shall conduct a study to identify

technologies for noise reduction of propeller driven aircraft and

rotorcraft.

(b) Goal. - The goal of the study conducted under subsection (a)

is to determine the status of research and development now underway

in the area of quiet technology for propeller driven aircraft and

rotorcraft, including technology that is cost beneficial, and to

determine whether a research program to supplement existing

research activities is necessary.

(c) Participation. - In conducting the study required under

subsection (a), the Administrator of the Federal Aviation

Administration and the Administrator of the National Aeronautics

and Space Administration shall encourage the participation of the

Department of Defense, the Department of the Interior, the airtour

industry, the aviation industry, academia and other appropriate

groups.

(d) Report. - Not less than 280 days after August 23, 1994, the

Administrator of the Federal Aviation Administration and the

Administrator of the National Aeronautics and Space Administration

shall transmit to Congress a report on the results of the study

required under subsection (a).

(e) Research and Development Program. - If the Administrator of

the Federal Aviation Administration and the Administrator of the

National Aeronautics and Space Administration determine that

additional research and development is necessary and would

substantially contribute to the development of quiet aircraft

technology, then the agencies shall conduct an appropriate research

program in consultation with the entities listed in subsection (c)

to develop safe, effective, and economical noise reduction

technology (including technology that can be applied to existing

propeller driven aircraft and rotorcraft) that would result in

aircraft that operate at substantially reduced levels of noise to

reduce the impact of such aircraft and rotorcraft on the resources

of national parks and other areas.

-SOURCE-

(Added Pub. L. 103-305, title III, Sec. 308(a), Aug. 23, 1994, 108

Stat. 1593; amended Pub. L. 104-287, Sec. 5(86), Oct. 11, 1996, 110

Stat. 3398.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-287 substituted "August 23, 1994"

for "the date of the enactment of this section".

-End-

-CITE-

49 USC Sec. 47510 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER I - NOISE ABATEMENT

-HEAD-

Sec. 47510. Tradeoff allowance

-STATUTE-

Notwithstanding another law or a regulation prescribed or order

issued under that law, the tradeoff provisions contained in

appendix C of part 36 of title 14, Code of Federal Regulations,

apply in deciding whether an aircraft complies with subpart I of

part 91 of title 14.

-SOURCE-

(Added Pub. L. 103-429, Sec. 6(72)(A), Oct. 31, 1994, 108 Stat.

4387.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47510 49 App.:2125. Feb. 18, 1980, Pub. L.

96-193, Sec. 305, 94 Stat.

57.

--------------------------------------------------------------------

The word "prescribed" is added for consistency in the revised

title and with other titles of the United States Code. The words

"subpart I of part 91" are substituted for "subpart E of part 91"

because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug.

18, 1989).

-End-

-CITE-

49 USC SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-End-

-CITE-

49 USC Sec. 47521 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47521. Findings

-STATUTE-

Congress finds that -

(1) aviation noise management is crucial to the continued

increase in airport capacity;

(2) community noise concerns have led to uncoordinated and

inconsistent restrictions on aviation that could impede the

national air transportation system;

(3) a noise policy must be carried out at the national level;

(4) local interest in aviation noise management shall be

considered in determining the national interest;

(5) community concerns can be alleviated through the use of new

technology aircraft and the use of revenues, including those

available from passenger facility fees, for noise management;

(6) revenues controlled by the United States Government can

help resolve noise problems and carry with them a responsibility

to the national airport system;

(7) revenues derived from a passenger facility fee may be

applied to noise management and increased airport capacity; and

(8) a precondition to the establishment and collection of a

passenger facility fee is the prescribing by the Secretary of

Transportation of a regulation establishing procedures for

reviewing airport noise and access restrictions on operations of

stage 2 and stage 3 aircraft.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1287.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47521 49 App.:2151. Nov. 5, 1990, Pub. L.

101-508, Sec. 9302, 104

Stat. 1388-378.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 47522 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47522. Definitions

-STATUTE-

In this subchapter -

(1) "air carrier", "air transportation", and "United States"

have the same meanings given those terms in section 40102(a) of

this title.

(2) "stage 3 noise levels" means the stage 3 noise levels in

part 36 of title 14, Code of Federal Regulations, in effect on

November 5, 1990.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47522 49 App.:2157(h). Nov. 5, 1990, Pub. L.

101-508, Sec. 9308(h), 104

Stat. 1388-384.

--------------------------------------------------------------------

The definitions are made applicable to all of subchapter II,

rather than only to those provisions based on 49 App.:2157 as in

the source provisions, because the defined terms appear in several

sections of subchapter II and it is assumed they are intended to

have the same meaning in each of those sections.

-End-

-CITE-

49 USC Sec. 47523 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47523. National aviation noise policy

-STATUTE-

(a) General Requirements. - Not later than July 1, 1991, the

Secretary of Transportation shall establish by regulation a

national aviation noise policy that considers this subchapter,

including the phaseout and nonaddition of stage 2 aircraft as

provided in this subchapter and dates for carrying out that policy

and reporting requirements consistent with this subchapter and law

existing as of November 5, 1990.

(b) Detailed Economic Analysis. - The policy shall be based on a

detailed economic analysis of the impact of the phaseout date for

stage 2 aircraft on competition in the airline industry, including

-

(1) the ability of air carriers to achieve capacity growth

consistent with the projected rate of growth for the airline

industry;

(2) the impact of competition in the airline and air cargo

industries;

(3) the impact on nonhub and small community air service; and

(4) the impact on new entry into the airline industry.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47523 49 App.:2152. Nov. 5, 1990, Pub. L.

101-508, Sec. 9303, 104

Stat. 1388-378.

--------------------------------------------------------------------

In this section, the text of 49 App.:2152(c) is omitted as

executed.

In subsection (a), the words "(hereinafter in this chapter

referred to as the 'Secretary')" are omitted because of the

restatement. The words "this subchapter" (the first time they

appear) are substituted for "the findings, determinations, and

provisions of this chapter" to eliminate unnecessary words.

Subsection (b) is tabulated for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47524 of this title.

-End-

-CITE-

49 USC Sec. 47524 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47524. Airport noise and access restriction review program

-STATUTE-

(a) General Requirements. - The national aviation noise policy

established under section 47523 of this title shall provide for

establishing by regulation a national program for reviewing airport

noise and access restrictions on the operation of stage 2 and stage

3 aircraft. The program shall provide for adequate public notice

and opportunity for comment on the restrictions.

(b) Stage 2 Aircraft. - Except as provided in subsection (d) of

this section, an airport noise or access restriction may include a

restriction on the operation of stage 2 aircraft proposed after

October 1, 1990, only if the airport operator publishes the

proposed restriction and prepares and makes available for public

comment at least 180 days before the effective date of the proposed

restriction -

(1) an analysis of the anticipated or actual costs and benefits

of the existing or proposed restriction;

(2) a description of alternative restrictions;

(3) a description of the alternative measures considered that

do not involve aircraft restrictions; and

(4) a comparison of the costs and benefits of the alternative

measures to the costs and benefits of the proposed restriction.

(c) Stage 3 Aircraft. - (1) Except as provided in subsection (d)

of this section, an airport noise or access restriction on the

operation of stage 3 aircraft not in effect on October 1, 1990, may

become effective only if the restriction has been agreed to by the

airport proprietor and all aircraft operators or has been submitted

to and approved by the Secretary of Transportation after an airport

or aircraft operator's request for approval as provided by the

program established under this section. Restrictions to which this

paragraph applies include -

(A) a restriction on noise levels generated on either a single

event or cumulative basis;

(B) a restriction on the total number of stage 3 aircraft

operations;

(C) a noise budget or noise allocation program that would

include stage 3 aircraft;

(D) a restriction on hours of operations; and

(E) any other restriction on stage 3 aircraft.

(2) Not later than 180 days after the Secretary receives an

airport or aircraft operator's request for approval of an airport

noise or access restriction on the operation of a stage 3 aircraft,

the Secretary shall approve or disapprove the restriction. The

Secretary may approve the restriction only if the Secretary finds

on the basis of substantial evidence that -

(A) the restriction is reasonable, nonarbitrary, and

nondiscriminatory;

(B) the restriction does not create an unreasonable burden on

interstate or foreign commerce;

(C) the restriction is not inconsistent with maintaining the

safe and efficient use of the navigable airspace;

(D) the restriction does not conflict with a law or regulation

of the United States;

(E) an adequate opportunity has been provided for public

comment on the restriction; and

(F) the restriction does not create an unreasonable burden on

the national aviation system.

(3) Paragraphs (1) and (2) of this subsection do not apply if the

Administrator of the Federal Aviation Administration, before

November 5, 1990, has formed a working group (outside the process

established by part 150 of title 14, Code of Federal Regulations)

with a local airport operator to examine the noise impact of air

traffic control procedure changes at the airport. However, if an

agreement on noise reductions at that airport is made between the

airport proprietor and one or more air carriers or foreign air

carriers that constitute a majority of the carrier use of the

airport, this paragraph applies only to a local action to enforce

the agreement.

(4) The Secretary may reevaluate an airport noise or access

restriction previously agreed to or approved under this subsection

on request of an aircraft operator able to demonstrate to the

satisfaction of the Secretary that there has been a change in the

noise environment of the affected airport that justifies a

reevaluation. The Secretary shall establish by regulation

procedures for conducting a reevaluation. A reevaluation -

(A) shall be based on the criteria in paragraph (2) of this

subsection; and

(B) may be conducted only after 2 years after a decision under

paragraph (2) of this subsection has been made.

(d) Nonapplication. - Subsections (b) and (c) of this section do

not apply to -

(1) a local action to enforce a negotiated or executed airport

noise or access agreement between the airport operator and the

aircraft operators in effect on November 5, 1990;

(2) a local action to enforce a negotiated or executed airport

noise or access restriction agreed to by the airport operator and

the aircraft operators before November 5, 1990;

(3) an intergovernmental agreement including an airport noise

or access restriction in effect on November 5, 1990;

(4) a subsequent amendment to an airport noise or access

agreement or restriction in effect on November 5, 1990, that does

not reduce or limit aircraft operations or affect aircraft

safety;

(5)(A) an airport noise or access restriction adopted by an

airport operator not later than October 1, 1990, and stayed as of

October 1, 1990, by a court order or as a result of litigation,

if any part of the restriction is subsequently allowed by a court

to take effect; or

(B) a new restriction imposed by an airport operator to replace

any part of a restriction described in subclause (A) of this

clause that is disallowed by a court, if the new restriction

would not prohibit aircraft operations in effect on November 5,

1990; or

(6) a local action that represents the adoption of the final

part of a program of a staged airport noise or access restriction

if the initial part of the program was adopted during 1988 and

was in effect on November 5, 1990.

(e) Grant Limitations. - Beginning on the 91st day after the

Secretary prescribes a regulation under subsection (a) of this

section, a sponsor of a facility operating under an airport noise

or access restriction on the operation of stage 3 aircraft that

first became effective after October 1, 1990, is eligible for a

grant under section 47104 of this title and is eligible to impose a

passenger facility fee under section 40117 of this title only if

the restriction has been -

(1) agreed to by the airport proprietor and aircraft operators;

(2) approved by the Secretary as required by subsection (c)(1)

of this section; or

(3) rescinded.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47524(a) 49 App.:2153(a)(1). Nov. 5, 1990, Pub. L.

101-508, Sec. 9304(a)(1)-

(2)(C), (3)-(g), 104 Stat.

1388-379.

47524(b) 49

App.:2153(a)(2)(A),

(c).

47524(c)(1) 49

App.:2153(a)(2)(B),

(b).

47524(c)(2) 49 App.:2153(d).

47524(c)(3) 49 Nov. 5, 1990, Pub. L.

App.:2153(a)(2)(D). 101-508, Sec.

9304(a)(2)(D), 104 Stat.

1388-380; Oct. 31, 1992,

Pub. L. 102-581, Sec.

136(a), 106 Stat. 4889.

47524(c)(4) 49 App.:2153(f),

(g).

47524(d) 49

App.:2153(a)(2)(C).

47524(e) 49 App.:2153(e).

--------------------------------------------------------------------

In subsection (a), the words "shall provide for establishing" are

substituted for "shall require the establishment . . . of" as being

more appropriate. The words "in accordance with the provisions of

this section" are omitted as surplus.

In subsection (b), the words "proposed after October 1, 1990" are

substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary

words.

In subsection (c)(1), before clause (A), the words "not in effect

on October 1, 1990" are substituted for 49 App.:2153(a)(2)(B) to

eliminate unnecessary words. In clause (B), the words "direct or

indirect" are omitted as surplus.

In subsection (c)(2)(A)-(D) and (F), the word "proposed" is

omitted as surplus. In clause (D), the word "existing" is omitted

as surplus.

In subsection (c)(4), the words "that justifies a reevaluation"

are substituted for "and that a review and reevaluation . . . of

the previously approved or agreed to noise restriction is therefore

justified" to eliminate unnecessary words.

In subsection (d)(6), the words "calendar year" are omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47525, 47533 of this

title.

-End-

-CITE-

49 USC Sec. 47525 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47525. Decision about airport noise and access restrictions on

certain stage 2 aircraft

-STATUTE-

The Secretary of Transportation shall conduct a study and decide

on the application of section 47524(a)-(d) of this title to airport

noise and access restrictions on the operation of stage 2 aircraft

with a maximum weight of not more than 75,000 pounds. In making the

decision, the Secretary shall consider -

(1) noise levels produced by those aircraft relative to other

aircraft;

(2) the benefits to general aviation and the need for

efficiency in the national air transportation system;

(3) the differences in the nature of operations at airports and

the areas immediately surrounding the airports;

(4) international standards and agreements on aircraft noise;

and

(5) other factors the Secretary considers necessary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47525 49 App.:2154. Nov. 5, 1990, Pub. L.

101-508, Sec. 9305, 104

Stat. 1388-382.

--------------------------------------------------------------------

In this section, before clause (1), the words "conduct a study

and decide on" are substituted for "determine by a study" for

clarity. The words "with a maximum weight of not more than" are

substituted for "weighing less than" for consistency with sections

47528 and 47529 of the revised title.

-End-

-CITE-

49 USC Sec. 47526 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47526. Limitations for noncomplying airport noise and access

restrictions

-STATUTE-

Unless the Secretary of Transportation is satisfied that an

airport is not imposing an airport noise or access restriction not

in compliance with this subchapter, the airport may not -

(1) receive money under subchapter I of chapter 471 of this

title; or

(2) impose a passenger facility fee under section 40117 of this

title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47526 49 App.:2156. Nov. 5, 1990, Pub. L.

101-508, Sec. 9307, 104

Stat. 1388-382.

--------------------------------------------------------------------

In this section, before clause (1), the words "Under no

conditions" are omitted as surplus. In clause (2), the words "or

collect" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 47527 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47527. Liability of the United States Government for noise

damages

-STATUTE-

When a proposed airport noise or access restriction is

disapproved under this subchapter, the United States Government

shall assume liability for noise damages only to the extent that a

taking has occurred as a direct result of the disapproval. The

United States Court of Federal Claims has exclusive jurisdiction of

a civil action under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47527 49 App.:2155. Nov. 5, 1990, Pub. L.

101-508, Sec. 9306, 104

Stat. 1388-382.

--------------------------------------------------------------------

The words "under this subchapter" are added for clarity. The

words "has exclusive jurisdiction of a civil action under this

section" are substituted for "Action for the resolution of such a

case shall be brought solely in" for clarity and consistency. The

words "Court of Federal Claims" are substituted for "Claims Court"

to reflect the change of name of the Court by section 902(b) of the

Federal Courts Administration Act of 1992 (Public Law 102-572, 106

Stat. 4516).

-End-

-CITE-

49 USC Sec. 47528 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47528. Prohibition on operating certain aircraft not complying

with stage 3 noise levels

-STATUTE-

(a) Prohibition. - Except as provided in subsection (b) or (f) of

this section and section 47530 of this title, a person may operate

after December 31, 1999, a civil subsonic turbojet (for which an

airworthiness certificate other than an experimental certificate

has been issued by the Administrator) with a maximum weight of more

than 75,000 pounds to or from an airport in the United States only

if the Secretary of Transportation finds that the aircraft complies

with the stage 3 noise levels.

(b) Waivers. - (1) If, not later than July 1, 1999, at least 85

percent of the aircraft used by an air carrier or foreign air

carrier to provide air transportation comply with the stage 3 noise

levels, the carrier may apply for a waiver of subsection (a) of

this section for the remaining aircraft used by the carrier to

provide air transportation. The application must be filed with the

Secretary not later than January 1, 1999, or, in the case of a

foreign air carrier, the 15th day following the date of the

enactment of the Wendell H. Ford Aviation Investment and Reform Act

for the 21st Century and must include a plan with firm orders for

making all aircraft used by the carrier to provide air

transportation comply with the noise levels not later than December

31, 2003.

(2) The Secretary may grant a waiver under this subsection if the

Secretary finds it would be in the public interest. In making the

finding, the Secretary shall consider the effect of granting the

waiver on competition in the air carrier industry and on small

community air service.

(3) A waiver granted under this subsection may not permit the

operation of stage 2 aircraft in the United States after December

31, 2003.

(c) Schedule for Phased-In Compliance. - The Secretary shall

establish by regulation a schedule for phased-in compliance with

subsection (a) of this section. The phase-in period shall begin on

November 5, 1990, and end before December 31, 1999. The regulations

shall establish interim compliance dates. The schedule for

phased-in compliance shall be based on -

(1) a detailed economic analysis of the impact of the phaseout

date for stage 2 aircraft on competition in the airline industry,

including -

(A) the ability of air carriers to achieve capacity growth

consistent with the projected rate of growth for the airline

industry;

(B) the impact of competition in the airline and air cargo

industries;

(C) the impact on nonhub and small community air service; and

(D) the impact on new entry into the airline industry; and

(2) an analysis of the impact of aircraft noise on individuals

residing near airports.

(d) Annual Report. - Beginning with calendar year 1992 -

(1) each air carrier shall submit to the Secretary an annual

report on the progress the carrier is making toward complying

with the requirements of this section and regulations prescribed

under this section; and

(2) the Secretary shall submit to Congress an annual report on

the progress being made toward that compliance.

(e) Hawaiian Operations. - (1) In this subsection, "turnaround

service" means a flight between places only in Hawaii.

(2)(A) An air carrier or foreign air carrier may not operate in

Hawaii, or between a place in Hawaii and a place outside the 48

contiguous States, a greater number of stage 2 aircraft with a

maximum weight of more than 75,000 pounds than it operated in

Hawaii, or between a place in Hawaii and a place outside the 48

contiguous States, on November 5, 1990.

(B) An air carrier that provided turnaround service in Hawaii on

November 5, 1990, using stage 2 aircraft with a maximum weight of

more than 75,000 pounds may include in the number of aircraft

authorized under subparagraph (A) of this paragraph all stage 2

aircraft with a maximum weight of more than 75,000 pounds that were

owned or leased by that carrier on that date, whether or not the

aircraft were operated by the carrier on that date.

(3) An air carrier may provide turnaround service in Hawaii using

stage 2 aircraft with a maximum weight of more than 75,000 pounds

only if the carrier provided the service on November 5, 1990.

(4) An air carrier operating stage 2 aircraft under this

subsection may transport stage 2 aircraft to or from the 48

contiguous States on a nonrevenue basis in order -

(A) to perform maintenance (including major alterations) or

preventative maintenance on aircraft operated, or to be operated,

within the limitations of paragraph (2)(B); or

(B) conduct operations within the limitations of paragraph

(2)(B).

(f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance,

or Leasing. -

(1) In general. - The Secretary shall permit a person to

operate after December 31, 1999, a stage 2 aircraft in nonrevenue

service through the airspace of the United States or to or from

an airport in the contiguous 48 States in order to -

(A) sell, lease, or use the aircraft outside the contiguous

48 States;

(B) scrap the aircraft;

(C) obtain modifications to the aircraft to meet stage 3

noise levels;

(D) perform scheduled heavy maintenance or significant

modifications on the aircraft at a maintenance facility located

in the contiguous 48 States;

(E) deliver the aircraft to an operator leasing the aircraft

from the owner or return the aircraft to the lessor;

(F) prepare or park or store the aircraft in anticipation of

any of the activities described in subparagraphs (A) through

(E); or

(G) divert the aircraft to an alternative airport in the

contiguous 48 States on account of weather, mechanical, fuel,

air traffic control, or other safety reasons while conducting a

flight in order to perform any of the activities described in

subparagraphs (A) through (F).

(2) Procedure To Be Published. - Not later than 30 days after

the date of the enactment of this subsection, the Secretary shall

establish and publish a procedure to implement paragraph (1)

through the use of categorical waivers, ferry permits, or other

means.

(g) Statutory Construction. - Nothing in this section may be

construed as interfering with, nullifying, or otherwise affecting

determinations made by the Federal Aviation Administration, or to

be made by the Administration with respect to applications under

part 161 of title 14, Code of Federal Regulations, that were

pending on November 1, 1999.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291; Pub. L.

106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 231(a), (b)(1)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-300, 1501A-301; Pub. L.

106-181, title VII, Sec. 721(a)-(c)(1), (d), Apr. 5, 2000, 114

Stat. 164, 165.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47528(a) 49 App.:2157(a). Nov. 5, 1990, Pub. L.

101-508, Sec. 9308(a)-(c),

(g), 104 Stat. 1388-382,

1388-383.

47528(b) 49 App.:2157(b).

47528(c) 49 App.:2157(c).

47528(d) 49 App.:2157(g).

47528(e) 49 App.:2157(i). Nov. 5, 1990, Pub. L.

101-508, 104 Stat. 1388-382,

Sec. 9308(i); added Oct. 28,

1991, Pub. L. 102-143, Sec.

349(b), 105 Stat. 949.

--------------------------------------------------------------------

In subsection (e), the words "the State of" are omitted as

surplus. The words "place" and "places" are substituted for "point"

and "points" for consistency in title the revised title.

In subsection (e)(1), the words "the operation of" are omitted as

surplus. The words "places only in Hawaii" are substituted for "two

or more points, all of which are within the State of Hawaii" to

eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Wendell H. Ford Aviation

Investment and Reform Act for the 21st Century, referred to in

subsec. (b)(1), is the date of enactment of Pub. L. 106-181, which

was approved Apr. 5, 2000.

The date of the enactment of this subsection, referred to in

subsec. (f)(2), is the date of enactment of Pub. L. 106-181, which

was approved Apr. 5, 2000.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-181, Sec. 721(a), repealed Pub. L. 106-113,

Sec. 1000(a)(5) [title II, Sec. 231]. See 1999 Amendment notes and

Construction of 2000 Amendment note below.

Subsec. (a). Pub. L. 106-181, Sec. 721(b)(1), (c)(1), substituted

"subsection (b) or (f)" for "subsection (b)" and inserted "(for

which an airworthiness certificate other than an experimental

certificate has been issued by the Administrator)" after "civil

subsonic turbojet".

Subsec. (b)(1). Pub. L. 106-181, Sec. 721(d), in first sentence,

inserted "or foreign air carrier" after "air carrier", and, in last

sentence, inserted "or, in the case of a foreign air carrier, the

15th day following the date of the enactment of the Wendell H. Ford

Aviation Investment and Reform Act for the 21st Century" after

"January 1, 1999,".

Subsec. (e)(4). Pub. L. 106-181, Sec. 721(b)(2), added par. (4).

Subsecs. (f), (g). Pub. L. 106-181, Sec. 721(b)(3), added

subsecs. (f) and (g).

1999 - Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec. 231(a)],

which directed the amendment of section 47528 by substituting

"subsection (b) or (f)" for "subsection (b)" in subsec. (a), adding

a par. (4) to subsec. (e), and adding subsec. (f) at the end,

without specifying the Code title to be amended, was repealed by

Pub. L. 106-181, Sec. 721(a). See Construction of 2000 Amendment

note below.

Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec.

231(b)(1)], which inserted "(for which an airworthiness certificate

other than an experimental certificate has been issued by the

Administrator)" after "civil subsonic turbojet", was repealed by

Pub. L. 106-181, Sec. 721(a). See Construction of 2000 Amendment

note below.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

REGULATIONS

Pub. L. 106-181, title VII, Sec. 721(c)(2), Apr. 5, 2000, 114

Stat. 165, provided that: "Regulations contained in title 14, Code

of Federal Regulations, that implement section 47528 of title 49,

United States Code, and related provisions shall be deemed to

incorporate the amendment made by paragraph (1) [amending this

section] on the date of the enactment of this Act [Apr. 5, 2000]."

CONSTRUCTION OF 2000 AMENDMENT

Pub. L. 106-181, title VII, Sec. 721(a), Apr. 5, 2000, 114 Stat.

164, provided that: "Section 231 of H.R. 3425 of the 106th

Congress, as enacted into law by section 1000(a)(5) of Public Law

106-113 [amending this section], is repealed and the provisions of

law amended by such section shall be read as if such section had

not been enacted into law."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d)(2) of this section relating to the requirement that the

Secretary submit an annual report to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and the 7th item on page 132 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47530, 47531, 47532 of

this title.

-End-

-CITE-

49 USC Sec. 47529 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47529. Nonaddition rule

-STATUTE-

(a) General Limitations. - Except as provided in subsection (b)

of this section and section 47530 of this title, a person may

operate a civil subsonic turbojet aircraft with a maximum weight of

more than 75,000 pounds that is imported into the United States

after November 4, 1990, only if the aircraft -

(1) complies with the stage 3 noise levels; or

(2) was purchased by the person importing the aircraft into the

United States under a legally binding contract made before

November 5, 1990.

(b) Exemptions. - The Secretary of Transportation may provide an

exemption from subsection (a) of this section to permit a person to

obtain modifications to an aircraft to meet the stage 3 noise

levels.

(c) Aircraft Deemed Not Imported. - In this section, an aircraft

is deemed not to have been imported into the United States if the

aircraft -

(1) was owned on November 5, 1990, by -

(A) a corporation, trust, or partnership organized under the

laws of the United States or a State (including the District of

Columbia);

(B) an individual who is a citizen of the United States; or

(C) an entity that is owned or controlled by a corporation,

trust, partnership, or individual described in subclause (A) or

(B) of this clause; and

(2) enters the United States not later than 6 months after the

expiration of a lease agreement (including any extension) between

an owner described in clause (1) of this subsection and a foreign

carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1292.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47529 49 App.:2158. Nov. 5, 1990, Pub. L.

101-508, Sec. 9309, 104

Stat. 1388-384; Oct. 31,

1992, Pub. L. 102-581, Sec.

136(b), 106 Stat. 4889.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47530, 47531, 47532 of

this title.

-End-

-CITE-

49 USC Sec. 47530 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47530. Nonapplication of sections 47528(a)-(d) and 47529 to

aircraft outside the 48 contiguous States

-STATUTE-

Sections 47528(a)-(d) and 47529 of this title do not apply to

aircraft used only to provide air transportation outside the 48

contiguous States. A civil subsonic turbojet aircraft with a

maximum weight of more than 75,000 pounds that is imported into a

noncontiguous State or a territory or possession of the United

States after November 4, 1990, may be used to provide air

transportation in the 48 contiguous States only if the aircraft

complies with the stage 3 noise levels.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1293.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47530 49 App.:2157(d). Nov. 5, 1990, Pub. L.

101-508, Sec. 9308(d), 104

Stat. 1388-383; Oct. 28,

1991, Pub. L. 102-143, Sec.

349(a), 105 Stat. 949.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47528, 47529, 47531,

47532 of this title.

-End-

-CITE-

49 USC Sec. 47531 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47531. Penalties for violating sections 47528-47530

-STATUTE-

A person violating section 47528, 47529, or 47530 of this title

or a regulation prescribed under any of those sections is subject

to the same civil penalties and procedures under chapter 463 of

this title as a person violating section 44701(a) or (b) or any of

sections 44702-44716 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1293; Pub. L.

103-429, Sec. 6(73), Oct. 31, 1994, 108 Stat. 4388.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47531 49 App.:2157(e). Nov. 5, 1990, Pub. L.

101-508, Sec. 9308(e), 104

Stat. 1388-383.

--------------------------------------------------------------------

PUB. L. 103-429

This amends 49:47531 to correct a grammatical error and erroneous

cross-references.

AMENDMENTS

1994 - Pub. L. 103-429 substituted "section 47528" for "sections

47528" and inserted "any of" before "those" and "any of sections"

before "44702-44716".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47532 of this title.

-End-

-CITE-

49 USC Sec. 47532 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47532. Judicial review

-STATUTE-

An action taken by the Secretary of Transportation under any of

sections 47528-47531 of this title is subject to judicial review as

provided under section 46110 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1293; Pub. L.

103-429, Sec. 6(74), Oct. 31, 1994, 108 Stat. 4388.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47532 49 App.:2157(f). Nov. 5, 1990, Pub. L.

101-508, Sec. 9308(f), 104

Stat. 1388-383.

--------------------------------------------------------------------

PUB. L. 103-429

This amends 49:47532 to correct an erroneous cross-reference.

AMENDMENTS

1994 - Pub. L. 103-429 inserted "any of" before "sections".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-

-CITE-

49 USC Sec. 47533 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 475 - NOISE

SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY

-HEAD-

Sec. 47533. Relationship to other laws

-STATUTE-

Except as provided by section 47524 of this title, this

subchapter does not affect -

(1) law in effect on November 5, 1990, on airport noise or

access restrictions by local authorities;

(2) any proposed airport noise or access restriction at a

general aviation airport if the airport proprietor has formally

initiated a regulatory or legislative process before October 2,

1990; or

(3) the authority of the Secretary of Transportation to seek

and obtain legal remedies the Secretary considers appropriate,

including injunctive relief.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1293.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47533 49 App.:2153(h). Nov. 5, 1990, Pub. L.

101-508, Sec. 9304(h), 104

Stat. 1388-382.

--------------------------------------------------------------------

-End-

-CITE-

49 USC PART C - FINANCING 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART C - FINANCING

-HEAD-

PART C - FINANCING

-End-