dreamproit/uscode huggingface dataset:
49 U.S.C. § 47140a (TRANSPORTATION)
§ 47140a. Increasing the energy efficiency of airport power sources
(a) In General.—
The Secretary of Transportation shall establish a program under which the Secretary shall encourage the sponsor of each public-use airport to assess the airport’s energy requirements, including heating and cooling, base load, back-up power, and power for on-road airport vehicles and ground support equipment, in order to identify opportunities to increase energy efficiency at the airport.
(b) Grants.—
(1) In general.—
The Secretary may make grants from amounts made available under section 48103 to assist airport sponsors that have completed the assessment described in subsection (a) to acquire or construct equipment, including hydrogen equipment and related infrastructure, that will increase energy efficiency at the airport.
(2) Application.—
To be eligible for a grant under paragraph (1), the sponsor of a public-use airport shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(Added Pub. L. 112–95, title V, § 512(a), Feb. 14, 2012, 126 Stat. 109.)
49 U.S.C. § 47142 (TRANSPORTATION)
§ 47142. Design-build contracting
(a) In General.—
The Administrator of the Federal Aviation Administration may approve an application of an airport sponsor under this section to authorize the airport sponsor to award a design-build contract using a selection process permitted under applicable State or local law if—
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form that is approved by the Administrator;
(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost effective and expedite the project;
(5) the Administrator is satisfied that there will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least 3 or more bids will be submitted for each project under the selection process.
(b) Reimbursement of Costs.—
The Administrator may reimburse an airport sponsor for design and construction costs incurred before a grant is made pursuant to this section if the project is approved by the Administrator in advance and is carried out in accordance with all administrative and statutory requirements that would have been applicable under this chapter if the project were carried out after a grant agreement had been executed.
(c) Design-Build Contract Defined.—
In this section, the term “design-build contract” means an agreement that provides for both design and construction of a project by a contractor.
(Added Pub. L. 108–176, title I, § 181(a), Dec. 12, 2003, 117 Stat. 2515.)
heading: Effective Date
text: Section 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 an Effective Date of 2003 Amendment note under section 106 of this title.
49 U.S.C. § 47172 (TRANSPORTATION)
§ 47172. Air traffic procedures for airport capacity enhancement projects at congested airports
(a) In General.—
The Administrator of the Federal Aviation Administration may consider prescribing flight procedures to avoid or minimize potentially significant adverse noise impacts of an airport capacity enhancement project at a congested airport that involves the construction of new runways or the reconfiguration of existing runways during the environmental planning process for the project. If the Administrator determines that noise mitigation flight procedures are consistent with safe and efficient use of the navigable airspace, the Administrator may commit, at the request of the airport sponsor and in a manner consistent with applicable Federal law, to prescribing such procedures in any record of decision approving the project.
(b) Modification.—
Notwithstanding any commitment by the Administrator under subsection (a), the Administrator may initiate changes to such procedures if necessary to maintain safety and efficiency in light of new information or changed circumstances.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2537.)
49 U.S.C. § 47174 (TRANSPORTATION)
§ 47174. Authorization of appropriations
In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,200,000 for fiscal year 2004 and for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2538.)
49 U.S.C. § 47175 (TRANSPORTATION)
§ 47175. Definitions
In this subchapter, the following definitions apply:
(1) Airport sponsor.—
The term “airport sponsor” has the meaning given the term “sponsor” under section 47102.
(2) Congested airport.—
The term “congested airport” means an airport that accounted for at least 1 percent of all delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration’s Airport Capacity Benchmark Report 2004 or any successor report.
(3) Airport capacity enhancement project.—
The term “airport capacity enhancement project” means—
(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and
(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.
(4) Aviation safety project.—
The term “aviation safety project” means an aviation project that—
(A) has as its primary purpose reducing the risk of injury to persons or damage to aircraft and property, as determined by the Administrator; and
(B)
(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the Administrator; or
(ii) is necessary for an airport to comply with part 139 of title 14, Code of Federal Regulations (relating to airport certification).
(5) Aviation security project.—
The term “aviation security project” means a security project at an airport required by the Department of Homeland Security.
(6) Federal agency.—
The term “Federal agency” means a department or agency of the United States Government.
(7) Joint use airport.—
The term “joint use airport” means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2538; amended Pub. L. 112–95, title I, § 152(g), Feb. 14, 2012, 126 Stat. 34.)
heading: Amendments
text: 2012—Par. (2). Pub. L. 112–95, § 152(g)(1), substituted “2004 or any successor report” for “2001”.
Par. (7). Pub. L. 112–95, § 152(g)(2), added par. (7).
49 U.S.C. § 47301 (TRANSPORTATION)
§ 47301. Definitions
In this chapter—
(1) “airport property” means an interest in property used or useful in operating and maintaining an airport.
(2) “airway property” means an interest in property used or useful in operating and maintaining a ground installation, facility, or equipment desirable for the orderly and safe operation 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1280.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47301(1)–(3)
49 App.:1151.
June 16, 1948, ch. 473, § 2, 62 Stat. 450; Aug. 23, 1958, Pub. L. 85–726, § 1403, 72 Stat. 808.
47301(4)
(no source).
In this section, the words “the purposes of” and “The term” are omitted as surplus.
In clauses (1) and (2), the words “real or personal”, “directly or indirectly”, “administration”, and “(including parts and components thereof)” are omitted as surplus.
In clause (1), the words “including . . . (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improvements, and facilities, whether or not used in connection with the landing and take-off of aircraft; and (4) equipment . . . furniture, vehicles, and supplies” are omitted as being included in “an interest in property”.
In clause (2), the words “necessary or” are omitted as surplus.
In clause (3), before subclause (A), the words “of land or water” are omitted as surplus. In subclause (A), the words “no government or a government of a foreign country” are substituted for “no nation or a nation other than the United States” for consistency in the revised title and with other titles of the United States Code. The words “(including territory of undetermined sovereignty and the high seas)” are omitted as surplus. In subclause (C), the words “government of a foreign country” are substituted for “other nation” for consistency in the revised title and with other titles of the Code.
Clause (4) is derived from the source provisions of the chapter and is included to avoid repeating the phrase “territory (including Alaska) outside the continental limits of the United States”.
49 U.S.C. § 47303 (TRANSPORTATION)
§ 47303. Training foreign citizens
Subject to the concurrence of the Secretary of State, the Secretary 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1281.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47303
49 App.:1153.
June 16, 1948, ch. 473, § 4, 62 Stat. 451.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
In this section, before clause (1), the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 4 of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words “within or outside the United States” are omitted as surplus. The word “citizen” is substituted for “nationals” as being more appropriate. In clause (1), the word “jointly” is substituted for “or in conjunction” to eliminate unnecessary words. The words “department, agency, or instrumentality of the United States Government” are substituted for “United States Government agency” for consistency in the revised title and with other titles of the United States Code.
49 U.S.C. § 47306 (TRANSPORTATION)
§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1283.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47306
49 App.:1159(a) (last sentence).
June 16, 1948, ch. 473, § 10(a) (last sentence), 62 Stat. 454.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. The words “if such violation is committed in any area under the civil jurisdiction of the United States” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $500”, and the words “be deemed guilty of a misdemeanor” are omitted, for consistency with title 18.
49 U.S.C. § 47502 (TRANSPORTATION)
§ 47502. Noise measurement and exposure systems and identifying land use compatible with noise exposure
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1284.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47502
49 App.:2102.
Feb. 18, 1980, Pub. L. 96–193, § 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.
49 U.S.C. § 47505 (TRANSPORTATION)
§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1286.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47505
49 App.:2103(b).
Feb. 18, 1980, Pub. L. 96–193, § 103(b), 94 Stat. 51; restated Sept. 3, 1982, Pub. L. 97–248, § 524(b)(3), 96 Stat. 696.
In subsection (a), before clause (1), the words “incur obligations to” are omitted as surplus.
49 U.S.C. § 47506 (TRANSPORTATION)
§ 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 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1286.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47506
49 App.:2107.
Feb. 18, 1980, Pub. L. 96–193, § 107, 94 Stat. 53.
In subsection (a)(2), the words “for which recovery is sought have” are omitted as surplus.
49 U.S.C. § 47507 (TRANSPORTATION)
§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1287.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47507
49 App.:2106.
Feb. 18, 1980, Pub. L. 96–193, § 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.
49 U.S.C. § 47509 (TRANSPORTATION)
§ 47509. Research program on quiet aircraft technology for propeller and rotor driven aircraft
(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.
(Added Pub. L. 103–305, title III, § 308(a), Aug. 23, 1994, 108 Stat. 1593; amended Pub. L. 104–287, § 5(86), Oct. 11, 1996, 110 Stat. 3398.)
heading: Amendments
text: 1996—Subsec. (d). Pub. L. 104–287 substituted “August 23, 1994” for “the date of the enactment of this section”.
49 U.S.C. § 47510 (TRANSPORTATION)
§ 47510. Tradeoff allowance
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.
(Added Pub. L. 103–429, § 6(72)(A), Oct. 31, 1994, 108 Stat. 4387.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47510
49 App.:2125.
Feb. 18, 1980, Pub. L. 96–193, § 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).
49 U.S.C. § 47521 (TRANSPORTATION)
§ 47521. Findings
Congress finds that—
(1) aviation noise management is crucial to the continued increase in airport capacity;
(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered in determining the national interest;
(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility charges, for noise management;
(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;
(7) revenues derived from a passenger facility charge may be applied to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger facility charge is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1287; Pub. L. 112–95, title I, § 111(c)(2)(A)(vi), (B), Feb. 14, 2012, 126 Stat. 18.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47521
49 App.:2151.
Nov. 5, 1990, Pub. L. 101–508, § 9302, 104 Stat. 1388–378.
heading: Amendments
text: 2012—Par. (5). Pub. L. 112–95, § 111(c)(2)(B), substituted “charges” for “fees”.
Pars. (7), (8). Pub. L. 112–95, § 111(c)(2)(A)(vi), substituted “charge” for “fee”.
49 U.S.C. § 47522 (TRANSPORTATION)
§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1288.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47522
49 App.:2157(h).
Nov. 5, 1990, Pub. L. 101–508, § 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.