§44718. Structures interfering with air commerce

(a) Notice.-By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will promote-

(1) safety in air commerce; and

(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports.

(b) Studies.-(1) Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace or an interference with air navigation facilities and equipment or the navigable airspace, the Secretary shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall consider factors relevant to the efficient and effective use of the navigable airspace, including-

(A) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;

(B) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;

(C) the impact on existing public-use airports and aeronautical facilities;

(D) the impact on planned public-use airports and aeronautical facilities; and

(E) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures.

(2) On completing the study, the Secretary shall issue a report disclosing completely the extent of the adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure.

(c) Broadcast Applications and Tower Studies.-In carrying out laws related to a broadcast application and conducting an aeronautical study related to broadcast towers, the Administrator of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to coordinate efficiently-

(1) the receipt and consideration of, and action on, the application; and

(2) the completion of any associated aeronautical study.

(d) Landfills.-For the purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1200 ; Pub. L. 104–264, title XII, §1220(a), Oct. 9, 1996, 110 Stat. 3286 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44718(a)	49 App.:1501(a).	Aug. 23, 1958, Pub. L. 85–726, §1101, 72 Stat. 797 ; restated Dec. 30, 1987, Pub. L. 100–223, §206 (less (b)), 101 Stat. 1521 ; Oct. 31, 1992, Pub. L. 102–581, §203(a), 106 Stat. 4890 .
44718(b)	49 App.:1501(b).
44718(c)	49 App.:1501(c).

In subsection (a), before clause (1), the words "(hereinafter in this section referred to as the 'Secretary')" and "where necessary" are omitted as surplus.

In subsection (b)(1), before clause (A), the word "thoroughly" is omitted as surplus.

References in Text

The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.

Amendments

1996-Subsec. (d). Pub. L. 104–264 added subsec. (d).

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Section Referred to in Other Sections

This section is referred to in sections 106, 46301, 46316 of this title.