SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
§47521. Findings
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 charges, 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 charge may be applied to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger facility charge 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47521 | 49 App.:2151. | Nov. 5, 1990, |
Editorial Notes
Amendments
2012—Par. (5).
Pars. (7), (8).
Statutory Notes and Related Subsidiaries
Authorization of Certain Flights by Stage 2 Aircraft
"(a)
"(1) the airport—
"(A) is certified under part 139 of title 14, Code of Federal Regulations;
"(B) has a runway that—
"(i) is longer than 8,000 feet and not less than 200 feet wide; and
"(ii) is load bearing with a pavement classification number of not less than 38; and
"(C) has a maintenance facility with a maintenance certificate issued under part 145 of such title; and
"(2) the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft.
"(b)
"(1) the date that is 10 years after the date of the enactment of this Act [Oct. 5, 2018]; or
"(2) the date on which the Administrator determines that no stage 2 aircraft remain in service.
"(c)
"(1)
"(2)
§47522. Definitions
In this subchapter—
(1) "air carrier", "air transportation", and "United States" have the same meanings given those terms in
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47522 | 49 App.:2157(h). | Nov. 5, 1990, |
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.
§47523. National aviation noise policy
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47523 | 49 App.:2152. | Nov. 5, 1990, |
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.
§47524. Airport noise and access restriction review program
(a)
(b)
(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)
(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)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47524(a) | 49 App.:2153(a)(1). | Nov. 5, 1990, |
| 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 App.:2153(a)(2)(D). | Nov. 5, 1990, |
| 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.
Editorial Notes
Amendments
2012—Subsec. (e).
§47525. Decision about airport noise and access restrictions on certain stage 2 aircraft
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47525 | 49 App.:2154. | Nov. 5, 1990, |
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.
§47526. Limitations for noncomplying airport noise and access restrictions
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
(2) impose a passenger facility charge under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47526 | 49 App.:2156. | Nov. 5, 1990, |
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.
Editorial Notes
Amendments
2012—Par. (2).
§47527. Liability of the United States Government for noise damages
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47527 | 49 App.:2155. | Nov. 5, 1990, |
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 (
§47528. Prohibition on operating certain aircraft not complying with stage 3 noise levels
(a)
(b)
(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)
(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)
(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)
(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)
(1)
(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)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47528(a) | 49 App.:2157(a). | Nov. 5, 1990, |
| 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, |
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.
Editorial Notes
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
The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of
Amendments
2000—
Subsec. (a).
Subsec. (b)(1).
Subsec. (e)(4).
Subsecs. (f), (g).
1999—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Regulations
Construction of 2000 Amendment
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
§47529. Nonaddition rule
(a)
(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)
(c)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47529 | 49 App.:2158. | Nov. 5, 1990, |
§47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous States
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47530 | 49 App.:2157(d). | Nov. 5, 1990, |
§47531. Penalties
A person violating
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47531 | 49 App.:2157(e). | Nov. 5, 1990, |
Pub. L. 103–429
This amends 49:47531 to correct a grammatical error and erroneous cross-references.
Editorial Notes
Amendments
2012—
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§47532. Judicial review
An action taken by the Secretary of Transportation under any of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47532 | 49 App.:2157(f). | Nov. 5, 1990, |
Pub. L. 103–429
This amends 49:47532 to correct an erroneous cross-reference.
Editorial Notes
Amendments
2012—
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§47533. Relationship to other laws
Except as provided by
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47533 | 49 App.:2153(h). | Nov. 5, 1990, |
§47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels
(a)
(b)
(c)
(1) To sell, lease, or use the aircraft outside the 48 contiguous States.
(2) To scrap the aircraft.
(3) To obtain modifications to the aircraft to meet stage 3 noise levels.
(4) To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.
(5) To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.
(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).
(7) To provide transport of persons and goods in the relief of an emergency situation.
(8) To divert the aircraft to an alternative airport in the 48 contiguous 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 paragraphs (1) through (7).
(d)
(e)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of