H. R. 1758—537
ation of air traffic, including air navigation, air traffic control,
airway communication, and meteorological facilities.
(3) ‘‘foreign territory’’ means an area—
(A) over which no government or a government of
a foreign country has sovereignty;
(B) temporarily under military occupation by the
United States Government; or
(C) occupied or administered by the Government or
a government of a foreign country under an international
agreement.
(4) ‘‘territory outside the continental United States’’ means
territory outside the 48 contiguous States and the District
of Columbia.
§ 47302. Providing airport and airway property in foreign
territories
(a) GENERAL AUTHORITY.—Subject to the concurrence of the
Secretary of State and the consideration of objectives of the Inter-
national Civil Aviation Organization—
(1) the Secretary of Transportation may acquire, establish,
and construct airport property and airway property (except
meteorological facilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and
construct meteorological facilities in foreign territory.
(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport
property transferred under section 47304(b) of this title, an airport
(as defined in section 40102(a) of this title) may be acquired, estab-
lished, or constructed under subsection (a) of this section only
if amounts have been appropriated specifically for the airport.
(c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transpor-
tation or Commerce, as appropriate, may accept payment from
a government of a foreign country or international organization
for facilities or services sold or provided the government or organiza-
tion under this chapter. The amount received may be credited
to the appropriation current when the expenditures are or were
paid, the appropriation current when the amount is received, or
both.
§ 47303. Training foreign citizens
Subject to the concurrence of the Secretary of State, the Sec-
retary of Transportation or Commerce, as appropriate, may train
a foreign citizen in a subject related to aeronautics and essential
to the orderly and safe operation of civil aircraft. The training
may be provided—
(1) directly by the appropriate Secretary or jointly with
another department, agency, or instrumentality of the United
States Government;
(2) through a public or private agency of the United States
(including a State or municipal educational institution); or
(3) through an international organization.
§ 47304. Transfer of airport and airway property
(a) GENERAL AUTHORITY.—When requested by the government
of a foreign country or an international organization, the Secretary
of Transportation or Commerce, as appropriate, may transfer to
the government or organization airport property and airway prop-
erty operated and maintained under this chapter by the appropriate
H. R. 1758—538
Secretary in foreign territory. The transfer shall be on terms the
appropriate Secretary considers proper, including consideration
agreed on through negotiations with the government or organiza-
tion.
(b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Sub-
ject to terms to which the parties agree, the Secretary of a military
department may transfer without charge to the Secretary of
Transportation airport property and airway property (except mete-
orological facilities), and to the Secretary of Commerce meteorologi-
cal facilities, that the Secretary of the military department installed
or controls in territory outside the continental United States. The
transfer may be made if consistent with the needs of national
defense and—
(1) the Secretary of the military department finds that
the property or facility is no longer required exclusively for
military purposes; and
(2) the Secretary of Transportation or Commerce, as appro-
priate, decides that the transfer is or may be necessary to
carry out this chapter.
(c) REPUBLIC OF PANAMA.—(1) The Secretary of Transportation
may provide, operate, and maintain facilities and services for air
navigation, airway communications, and air traffic control in the
Republic of Panama subject to—
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Govern-
ment under an agreement between the Government and the
Republic of Panama.
(2) The Secretary of a military department may transfer without
charge to the Secretary of Transportation property located in the
Republic of Panama when the Secretary of Transportation decides
that the transfer may be useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of
Transportation) and section 47302(a) and (b) of this title do not
apply in carrying out this subsection.
(d) RETAKING
PROPERTY
FOR
MILITARY
REQUIREMENT.—(1)
When necessary for a military requirement, the Secretary of a
military department immediately may retake property (with any
improvements to it) transferred by the Secretary under subsection
(b) or (c) of this section. The Secretary shall pay reasonable com-
pensation to each person (or its successor in interest) that made
an improvement to the property that was not made at the expense
of the Government. The Secretary or a delegate of the Secretary
shall decide on the amount of compensation.
(2) On the recommendation of the Secretary of Transportation
or Commerce, as appropriate, the Secretary of a military depart-
ment may decide not to act under paragraph (1) of this subsection.
§ 47305. Administrative
(a) GENERAL AUTHORITY.—The Secretary of Transportation
shall consolidate, operate, protect, maintain, and improve airport
property and airway property (except meteorological facilities), and
the Secretary of Commerce may consolidate, operate, protect, main-
tain, and improve meteorological facilities, that the appropriate
Secretary has acquired and that are located in territory outside
the continental United States. In carrying out this section, the
appropriate Secretary may—
H. R. 1758—539
(1) adapt the property or facility to the needs of civil
aeronautics;
(2) lease the property or facility for not more than 20
years;
(3) make a contract, or provide directly, for facilities and
services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b) CREDITING
APPROPRIATIONS.—Money received from the
direct sale or charge that the Secretary of Transportation or Com-
merce, as appropriate, decides is equivalent to the cost of facilities
and services sold or provided under subsection (a)(3) and (4) of
this section is credited to the appropriation from which the cost
was paid. The balance shall be deposited in the Treasury as mis-
cellaneous receipts.
(c) USING OTHER GOVERNMENT FACILITIES
AND SERVICES.—
To carry out this chapter and to use personnel and facilities of
the United States Government most advantageously and without
unnecessary duplication, the Secretary of Transportation or Com-
merce, as appropriate, shall request, when practicable, to use a
facility or service of an appropriate department, agency, or
instrumentality of the Government on a reimbursable basis. A
department, agency, or instrumentality receiving a request under
this section may provide the facility or service.
(d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised
Statutes (41 U.S.C. 5) does not apply to a lease or contract made
by the Secretary of Transportation or Commerce under this chapter.
§ 47306. Criminal penalty
A person that knowingly and willfully violates a regulation
prescribed by the Secretary of Transportation to carry out this
chapter shall be fined under title 18, imprisoned for not more
than 6 months, or both.
CHAPTER 475—NOISE
SUBCHAPTER I—NOISE ABATEMENT
Sec.
47501.
Definitions.
47502.
Noise measurement and exposure systems and identifying land use compat-
ible 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 evi-
dence.
47508.
Noise standards for air carriers and foreign air carriers providing foreign
air transportation.
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 air-
craft.
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.
H. R. 1758—540
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.
SUBCHAPTER I—NOISE ABATEMENT
§ 47501. Definitions
In this subchapter—
(1) ‘‘airport’’ means a public-use airport as defined in sec-
tion 47102 of this title.
(2) ‘‘airport operator’’ means—
(A) for an airport serving air carriers that have certifi-
cates 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.
§ 47502. Noise measurement and exposure systems and
identifying land use compatible with noise expo-
sure
After consultation with the Administrator of the Environmental
Protection Agency and United States Government, State, and inter-
state agencies that the Secretary of Transportation considers appro-
priate, 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, includ-
ing noise intensity, duration, frequency, and time of occurrence;
and
(3) identify land uses normally compatible with various
exposures of individuals to noise.
§ 47503. Noise exposure maps
(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 oper-
ations during 1985, and how those operations will affect the map.
The map shall—
(1) be prepared in consultation with public agencies and
planning authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502
of this title.
(b) REVISED MAPS.—If a change in the operation of an airport
will establish a substantial new noncompatible use in an area
surrounding the airport, the airport operator shall submit a revised
noise exposure map to the Secretary showing the new noncompatible
use.
H. R. 1758—541
§ 47504. Noise compatibility programs
(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 Sec-
retary of Transportation after—
(A) consulting with public agencies and planning authori-
ties in the area surrounding the airport, United States Govern-
ment 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 air-
craft 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 sub-
section (a)(2)(D) of this section) not later than 180 days after receiv-
ing 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 proce-
dures referred to in subsection (a)(2)(D) of this section) is deemed
to be approved if the Secretary does not act within the 180-day
period.
(3) The Secretary shall submit any part of a program related
to flight procedures referred to in subsection (a)(2)(D) of this section
to the Administrator of the Federal Aviation Administration. The
Administrator shall approve or disapprove that part of the program.
(c) GRANTS.—(1) The Secretary may incur obligations to make
grants from amounts available under section 48103 of this title
to carry out a project under a part of a noise compatibility program
approved under subsection (b) of this section. A grant may be
made to—
(A) an airport operator submitting the program;
(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;
H. R. 1758—542
(C) an airport operator or unit of local government referred
to in clause (A) or (B) of this paragraph 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 chap-
ter will be furthered by promptly carrying out the program;
and
(D) an airport operator or unit of local government referred
to in clause (A) or (B) of this paragraph 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.
(2) 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.
(3) The Government’s share of a project for which a grant
is made under paragraph (1) of 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.
(4) 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.
(d) GOVERNMENT RELIEF FROM LIABILITY.—The Government
is not liable for damages from aviation noise because of action
taken under this section.
§ 47505. Airport noise compatibility planning grants
(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.
§ 47506. Limitations on recovering damages for noise
(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 attrib-
H. R. 1758—543
utable 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 oper-
ations 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.
§ 47507. Nonadmissibility of noise exposure map and related
information as evidence
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.
§ 47508. Noise standards for air carriers and foreign air car-
riers providing foreign air transportation
(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, pre-
scribed 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.
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
§ 47521. Findings
Congress finds that—
(1) aviation noise management is crucial to the continued
increase in airport capacity;
H. R. 1758—544
(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 manage-
ment;
(6) revenues controlled by the United States Government
can help resolve noise problems and carry with them a respon-
sibility 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.
§ 47522. Definitions
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.
§ 47523. National aviation noise policy
(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, includ-
ing the phaseout and nonaddition of stage 2 aircraft as provided
in this subchapter and dates for carrying out that policy and report-
ing 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.
§ 47524. Airport noise and access restriction review program
(a) GENERAL REQUIREMENTS.—The national aviation noise pol-
icy established under section 47523 of this title shall provide for
establishing by regulation a national program for reviewing airport
H. R. 1758—545
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 restric-
tion—
(1) an analysis of the anticipated or actual costs and bene-
fits 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 Sec-
retary may approve the restriction only if the Secretary finds on
the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and non-
discriminatory;
(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