dreamproit/uscode huggingface dataset:
49 U.S.C. § 47138 (TRANSPORTATION)
§ 47138. Pilot program for purchase of airport development rights
(a) In General.—
The Secretary of Transportation shall establish a pilot program to support the purchase, by a State or political subdivision of a State, of development rights associated with, or directly affecting the use of, privately owned public use airports located in that State. Under the program, the Secretary may make a grant to a State or political subdivision of a State from funds apportioned under section 47114 for the purchase of such rights.
(b) Grant Requirements.—
(1) In general.—
The Secretary may not make a grant under subsection (a) unless the grant is made—
(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and
(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.
(2) Matching requirement.—
The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the development rights.
(c) Grant Standards.—
The Secretary shall prescribe standards for grants under subsection (a), including—
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d) Release of Purchased Rights and Covenant.—
Any development rights purchased under the program shall remain the property of the State or political subdivision unless the Secretary approves the transfer or disposal of the development rights after making a determination that the transfer or disposal of that right is in the public interest.
(e) Limitation.—
The Secretary may not make a grant under the pilot program for the purchase of development rights at more than 10 airports.
(Added Pub. L. 108–176, title I, § 152(a), Dec. 12, 2003, 117 Stat. 2506.)
heading: Statutory Notes and Related Subsidiaries
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. § 47140 (TRANSPORTATION)
§ 47140. 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, and to reimburse the airport sponsor for the costs incurred in conducting the assessment.
(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, including a certification that no safety projects are being be 1 deferred by requesting a grant under this section, 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, § 47140a; renumbered § 47140 and amended Pub. L. 115–254, div. B, title I, §§ 166(b)(1), 171, Oct. 5, 2018, 132 Stat. 3226, 3227.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 47140, added Pub. L. 108–176, title I, § 159(a)(1), Dec. 12, 2003, 117 Stat. 2509, related to airport ground support equipment emissions retrofit pilot program, prior to repeal by Pub. L. 115–254, div. B, title I, § 166(a), Oct. 5, 2018, 132 Stat. 3226.
heading: Amendments
text: 2018—Pub. L. 115–254, § 166(b)(1), renumbered section 47140a of this title as this section.
Subsec. (a). Pub. L. 115–254, § 171(a), inserted “, and to reimburse the airport sponsor for the costs incurred in conducting the assessment” before period at end.
Subsec. (b)(2). Pub. L. 115–254, § 171(b), inserted “, including a certification that no safety projects are being be deferred by requesting a grant under this section,” after “an application”.
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: Statutory Notes and Related Subsidiaries
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. § 47144 (TRANSPORTATION)
§ 47144. Use of funds for repairs for runway safety repairs
(a) In General.—
The Secretary of Transportation may make project grants under this subchapter to an airport described in subsection (b) from funds under section 47114 apportioned to that airport or funds available for discretionary grants to that airport under section 47115 to conduct airport development to repair the runway safety area of the airport damaged as a result of a natural disaster in order to maintain compliance with the regulations of the Federal Aviation Administration relating to runway safety areas, without regard to whether construction of the runway safety area damaged was carried out using amounts the airport received under this subchapter.
(b) Airports Described.—
An airport is described in this subsection if—
(1) the airport is a public-use airport;
(2) the airport is listed in the National Plan of Integrated Airport Systems of the Federal Aviation Administration;
(3) the runway safety area of the airport was damaged as a result of a natural disaster;
(4) the airport was denied funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 1 with respect to the disaster;
(5) the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers thereof) whose action or inaction may have contributed to the need for the repair of the runway safety area;
(6) there is still a demonstrated need for the runway safety area to accommodate current or imminent aeronautical demand; and
(7) the cost of repairing or replacing the runway safety area is reasonable in relation to the anticipated operational benefit of repairing the runway safety area, as determined by the Administrator of the Federal Aviation Administration.
(Added Pub. L. 115–31, div. K, title I, § 119F(a), May 5, 2017, 131 Stat. 734.)
heading: Editorial Notes
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
heading: Codification
text: Section 119F(a) of Pub. L. 115–31, which directed amendment of “subchapter I of chapter 471” by adding at the end this section, was executed by adding this section at the end of subchapter I of chapter 471 of this title to reflect the probable intent of Congress.
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.)
heading: Statutory Notes and Related Subsidiaries
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 an Effective Date of 2003 Amendment note under section 106 of this title.
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.)
heading: Statutory Notes and Related Subsidiaries
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 an Effective Date of 2003 Amendment note under section 106 of this title.
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: Editorial Notes
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. § 47526 (TRANSPORTATION)
§ 47526. Limitations for noncomplying airport noise and access restrictions
Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport noise or access restriction not in compliance with this subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title; or
(2) impose a passenger facility charge under section 40117 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 112–95, title I, § 111(c)(2)(A)(viii), Feb. 14, 2012, 126 Stat. 18.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47526
49 App.:2156.
Nov. 5, 1990, Pub. L. 101–508, § 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.
heading: Editorial Notes
heading: Amendments
text: 2012—Par. (2). Pub. L. 112–95 substituted “charge” for “fee”.
49 U.S.C. § 47531 (TRANSPORTATION)
§ 47531. Penalties
A person violating section 47528, 47529, 47530, or 47534 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, § 6(73), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, § 506(b)(1), Feb. 14, 2012, 126 Stat. 106.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47531
49 App.:2157(e).
Nov. 5, 1990, Pub. L. 101–508, § 9308(e), 104 Stat. 1388–383.
heading: Pub. L. 103–429
text: This amends 49:47531 to correct a grammatical error and erroneous cross-references.
heading: Editorial Notes
heading: Amendments
text: 2012—Pub. L. 112–95 struck out “for violating sections 47528–47530” after “Penalties” in section catchline and substituted “47529, 47530, or 47534” for “47529, or 47530” in text.
1994—Pub. L. 103–429 substituted “section 47528” for “sections 47528” and inserted “any of” before “those” and “any of sections” before “44702–44716”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
49 U.S.C. § 47532 (TRANSPORTATION)
§ 47532. Judicial review
An action taken by the Secretary of Transportation under any of sections 47528–47531 or 47534 of this title is subject to judicial review as provided under section 46110 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, § 6(74), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, § 506(b)(2), Feb. 14, 2012, 126 Stat. 106.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47532
49 App.:2157(f).
Nov. 5, 1990, Pub. L. 101–508, § 9308(f), 104 Stat. 1388–383.
heading: Pub. L. 103–429
text: This amends 49:47532 to correct an erroneous cross-reference.
heading: Editorial Notes
heading: Amendments
text: 2012—Pub. L. 112–95 inserted “or 47534” after “47528–47531”.
1994—Pub. L. 103–429 inserted “any of” before “sections”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
49 U.S.C. § 47534 (TRANSPORTATION)
§ 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels
(a) Prohibition.—
Except as otherwise provided by this section, after December 31, 2015, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experimental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.
(b) Aircraft Operations Outside 48 Contiguous States.—
Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.
(c) Temporary Operations.—
The Secretary may allow temporary operation of an aircraft otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:
(1) To sell, lease, or use the aircraft outside the 48 contiguous States.
(2) To scrap the aircraft.
(3) To obtain modifications to the aircraft to meet stage 3 noise levels.
(4) To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.
(5) To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.
(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).
(7) To provide transport of persons and goods in the relief of an emergency situation.
(8) To divert the aircraft to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).
(d) Regulations.—
The Secretary may prescribe such regulations or other guidance as may be necessary for the implementation of this section.
(e) Statutory Construction.—
(1) AIP grant assurances.—
Noncompliance with subsection (a) shall not be construed as a violation of section 47107 or any regulations prescribed thereunder.
(2) Pending applications.—
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 the date of enactment of this section.
(Added Pub. L. 112–95, title V, § 506(a), Feb. 14, 2012, 126 Stat. 105.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
49 U.S.C. § 48105 (TRANSPORTATION)
§ 48105. Weather reporting services
To sustain the aviation weather reporting programs of the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
(4) $39,000,000 for each of fiscal years 2019 through 2023.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 115–254, div. B, title I, § 114, Oct. 5, 2018, 132 Stat. 3201.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48105
49 App.:2205(d).
Sept. 3, 1982, Pub. L. 97–248, § 506(d), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, § 105(c)(2), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §§ 9108, 9204, 104 Stat. 1388–355, 1388–373; Oct. 31, 1992, Pub. L. 102–581, § 103(d), 106 Stat. 4877.
The words “for fiscal years beginning after September 30, 1982” are omitted as obsolete. The words “Secretary of Commerce” are substituted for “National Oceanic and Atmospheric Administration” because of 15:1501. The words “The Federal Aviation Administration with” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–254, § 114(1), substituted “To sustain the aviation weather reporting programs of the Federal Aviation Administration, the Secretary of Transportation” for “To reimburse the Secretary of Commerce for the cost incurred by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation” in introductory provisions.
Par. (4). Pub. L. 115–254, § 114(2), added par. (4).
49 U.S.C. § 48109 (TRANSPORTATION)
§ 48109. Submission of budget information and legislative recommendations and comments
When the Administrator of the Federal Aviation Administration submits to the Secretary of Transportation, the President, or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48109
49 App.:2205(f).
Sept. 3, 1982, Pub. L. 97–248, § 506(f), 96 Stat. 679.
The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a). The words “or transmits . . . budget estimate, budget request, supplemental budget estimate, or other” and “thereof” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.