-CITE-
    49 USC CHAPTER 475 - NOISE                                  01/02/2006

-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.

-End-


-CITE-
    49 USC SUBCHAPTER I - NOISE ABATEMENT                       01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47503                                           01/02/2006

-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 a
    forecast period that is at least 5 years in the future 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, in an area surrounding an airport, a
    change in the operation of the airport would establish a
    substantial new noncompatible use, or would significantly reduce
    noise over existing noncompatible uses, that is not reflected in
    either the existing conditions map or forecast map currently on
    file with the Federal Aviation Administration, the airport operator
    shall submit a revised noise exposure map to the Secretary showing
    the new noncompatible use or noise reduction.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1284; Pub. L.
    108-176, title III, Sec. 324, Dec. 12, 2003, 117 Stat. 2542.)

-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.

                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-176, Sec. 324(1), substituted "a
    forecast period that is at least 5 years in the future" for "1985,"
    in introductory provisions.
      Subsec. (b). Pub. L. 108-176, Sec. 324(2), added subsec. (b) and
    struck out heading and text of former subsec. (b). Text read as
    follows: "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."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                             NOISE DISCLOSURE                         
      Pub. L. 108-176, title III, Sec. 322, Dec. 12, 2003, 117 Stat.
    2540, provided that:
      "(a) Noise Disclosure System Implementation Study. - The
    Administrator of the Federal Aviation Administration shall conduct
    a study to determine the feasibility of developing a program under
    which prospective home buyers of property located in the vicinity
    of an airport could be notified of information derived from noise
    exposure maps that may affect the use and enjoyment of the
    property. The study shall assess the scope, administration,
    usefulness, and burdensomeness of any such program, the costs and
    benefits of such a program, and whether participation in such a
    program should be voluntary or mandatory.
      "(b) Public Availability of Noise Exposure Maps. - The
    Administrator shall make noise exposure and land use information
    from noise exposure maps available to the public via the Internet
    on its website in an appropriate format.
      "(c) Noise Exposure Map. - In this section, the term 'noise
    exposure map' means a noise exposure map prepared under section
    47503 of title 49, United States Code."

-End-



-CITE-
    49 USC Sec. 47504                                           01/02/2006

-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.
      (4) The Secretary shall not approve in fiscal years 2004 through
    2007 a program submitted under subsection (a) if the program
    requires the expenditure of funds made available under section
    48103 for mitigation of aircraft noise less than 65 DNL.
      (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;
        (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; and
        (E) to an airport operator of a congested airport (as defined
      in section 47175) and a unit of local government referred to in
      paragraph (1)(B) of this subsection to carry out a project to
      mitigate noise in the area surrounding the airport if the project
      is included as a commitment in a record of decision of the
      Federal Aviation Administration for an airport capacity
      enhancement project (as defined in section 47175) even if that
      airport has not met the requirements of part 150 of title 14,
      Code of Federal Regulations.

      (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; Pub. L. 108-
    176, title I, Sec. 189, title III, Sec. 306, Dec. 12, 2003, 117
    Stat. 2519, 2539.)

-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                            
      2003 - Subsec. (b)(4). Pub. L. 108-176, Sec. 189, added par. (4).
      Subsec. (c)(2)(C)-(E). Pub. L. 108-176, Sec. 306, realigned
    margins of subpars. (C) and (D) and added subpar. (E).
      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 2003 AMENDMENT                 
      Amendment by Pub. L. 108-176 applicable only to fiscal years
    beginning after Sept. 30, 2003, except as otherwise specifically
    provided, see section 3 of Pub. L. 108-176, set out as a note under
    section 106 of this title.

                     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.

-End-



-CITE-
    49 USC Sec. 47505                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47506                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.

                IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS            
      Pub. L. 108-176, title III, Sec. 325, Dec. 12, 2003, 117 Stat.
    2542, provided that: "Not later than April 1, 2005, the Secretary
    of Transportation shall issue final regulations to implement
    Chapter 4 noise standards, consistent with the recommendations
    adopted by the International Civil Aviation Organization."

    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, as amended by Pub. L. 109-155, title VII, Sec. 706(b), Dec.
    30, 2005, 119 Stat. 2937, 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 2010 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)."

-End-



-CITE-
    49 USC Sec. 47509                                           01/02/2006

-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                                           01/02/2006

-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       01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47524                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47525                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47529                                           01/02/2006

-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.     
    --------------------------------------------------------------------


-End-



-CITE-
    49 USC Sec. 47530                                           01/02/2006

-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.      
    --------------------------------------------------------------------


-End-



-CITE-
    49 USC Sec. 47531                                           01/02/2006

-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.

-End-



-CITE-
    49 USC Sec. 47532                                           01/02/2006

-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                                           01/02/2006

-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                                   01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART C - FINANCING

-HEAD-
                            PART C - FINANCING                        

-End-