An act to provide assistance to airport operators to prepare and carry out noise compatibility programs, to provide assistance to assure continued safety in aviation, and for other purposes.
PL 96-193 (H.R.2440), enacted 02/18/1980

94 STAT. 50 
PUBLIC LAW 96-193—FEB. 18, 1980 
Public Law 96-193 
96th Congress 
Feb. 18, 1980 
[H.R. 2440] 
Aviation Safety 
and Noise 
Abatement Act 
of 1979. 
49 u s e 2101 
note. 
Definitions. 
49 u s e 2101. 
Regulations. 
49 u s e 2102. 
Noise exposure 
map. 
49 u s e 2103. 
Revision. 
An Act 
To provide assistance to airport operators to prepare and carry out noise compatibil-
ity programs, to provide assistance to assure continued safety in aviation, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. That this Act may be 
cited as the "Aviation Safety and Noise Abatement Act of 1979". 
TITLE I 
SEC. 101. For purposes of 
this title-
C
D the term "airport" means any air carrier airport whose 
projects for airport development are eligible for terminal devel-
opment costs under section 20(b) of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1720(b)); 
(2) the term "airport operator" means any person holding a 
valid certificaite issued pursuant to section 612 of the Federal 
Aviation Act of 1958 (49 U.S.C. 1432) to operate an airport; and 
(3) the term "Secretary" means the Secretary of Transporta-
tion. 
SEC. 102. Not later than the last day of the twelfth month which 
begins after the date of enactment of this Act, the Secretary, after 
consultation with the Administrator of the Environmental Protec-
tion Agency and such other Federal, State, and interstate agencies as 
he deems appropriate, shall by regulation— 
(1) establish a single system of measuring noise, for which 
there is a highly reliable relationship between projected noise 
exposure and surveyed reactions of people to noise, to be uni-
formly applied in measuring the noise at airports and the areas 
surroimding such airports; 
(2) establish a single system for determining the exposure of 
individuals to noise which results from the operations of an 
airport and which includes, but is not limited to, noise intensity, 
duration, frequency, and time of occurrence; and 
(3) identify land uses which are normally compatible with 
various exposures of individuals to noise. 
SEC. 103. (a)(1) After the effective date of the regulations promul-
gated in accord£ince with section 102 of this title, any airport operator 
of an airport may submit to the Secretary a noise exposure map, 
prepared in consultation with any public agencies and planning 
agencies in the area surrounding such airport, which sets forth, in 
accordance with the regulations promulgated pursuant to section 
102, the noncompatible uses in each area of the map, as of the date of 
submission of such map, a description of the projected aircraft 
operations at such airport during 1985, and the ways, ^any, in which 
such operations will affect such map. 
(2) If, after the submission to the Secretary of a noise exposure map 
under paragraph (1), any change in the operation of an airport would 
create any substantial new noncompatible use in any area surround-
PUBLIC LAW 96-193—FEB. 18, 1980 
94 STAT. 51 
ing such airport, the operator of such airport shall submit a revised 
noise exposure map showing such new noncompatible use. 
(b)(1) Section 11 of the Airport and Airway Development Act of 1970 
(49 U.S.C. 1711) is amended by renumbering paragraphs (6) through 
(21), and all references thereto, as paragraphs (7) through (22), 
respectively, and by adding immediately after paragraph (5) the 
following new paragraph: 
"(6) 'Airport noise compatibility planning' means the development 
for planning purposes of information necessary to prepare and 
submit (A) the noise exposure map and related information pursuant 
to section 103 of the Aviation Safety and Noise Abatement Act of 
1979, including any cost associated with obtaining such information, 
or (B) a noise compatibility program for submission pursuant to 
section 104 of 
such Act.". 
(2)(A) Section 13(a) of the Airport and Airway Development Act of 
1970 (49 U.S.C. 1713) is amended by— 
(i) inserting "(1)" immediately before the first sentence thereof; 
and 
(ii) adding at the end thereof the following new paragraph: 
"(2) In order to promote the development of an effective noise 
compatibility program, for fiscal years beginning after September 30, 
1979, the Secretary may make grants of funds for airport noise 
compatibility planning to sponsors of those air carrier airports whose 
projects for airport development are eligible for terminal develop-
ment costs under section 20(b) of this title. . 
(B) Section 130t)) of such Act is amended to read as follows: 
"(b) AMOUNT AND LIMITATION OF GRANTS.—(1) The award of grants 
under subsection (a)(1) of this section is subject to the following 
limitations: 
"(A) The total funds obligated for grants under subsection (a)(1) 
of this section may not exceed $150,000,000, and the amount 
obligated in any one fiscal year may not exceed $15,000,000. 
"(B) The United States share of any airport master planning 
grant under this section shall be that per centum for which a 
project for airport development at that airport would be eligible 
under section 17 of this Act. In the case of any airport system 
planning grant under this section, the United States share shall 
be 75 percent. 
"(C) No more than 10 percent of the funds made available 
under subsection (aXl) of this section in any fiscal year may be 
allocated for projects within a single State, the Commonwealth of 
Puerto Rico, the Virgin Islands, American Samoa, the Trust 
Territory of the Pacific Islands, or Guam. Grants for projects 
encompassing an area located in two or more States shall be 
charged to each State in the proportion which the number of 
square miles the project encompasses in each State bears to the 
square miles encompassed by the entire project. 
"(2)(A) The total funds obligated for grants under subsection (a)(2) 
of 
this section may not exceed $15,000,000. 
"(B) The United States share of any airport noise compatibility 
planning grant under this section shall be that percent for which a 
project for airport development at that airport would be eligible 
under section 17 of this Act.". 
SEC. 104. (a) Any airport operator who has submitted a noise 
exposure map and the related information pursuant to section 
103(a)(1) may, after consultation with the officials of any public 
agencies and planning agencies in the area surrounding such airport, 
the Federal officials having local responsibility for such airport, and 
"Airport noise 
compatibility 
planning." 
Infra. 
Planning grants. 
49 u s e 1720. 
49 u s e 1713. 
49 u s e 1717. 
Noise 
compatibility 
program, 
submission by 
airport 
operators. 
49 u s e 2104. 
94 STAT. 52 
PUBLIC LAW 96-193—FEB. 18, 1980 
Criteria for 
approval or 
disapproval of 
program. 
Flight 
procedures, 
submission to 
FAA. 
Incurring of 
obligations for 
grants. 
Grants, 
availability. 
Federal share. 
49 u s e 1701 
note. 
any air carriers using such airport, submit a noise compatibility 
program to the Secretary. Such program shall set forth the measures 
which such operator has taken or proposes for the reduction of 
existing noncompatible uses and the prevention of the introduction of 
additional noncompatible uses within the area covered by the noise 
exposure map submitted by such operator. Such measures may 
include, but are not limited to— 
(1) the implementation of any preferential runway system; 
(2) the implementation of any restriction on the use of such 
airport by any type or class of aircraft based on the noise 
characteristics of such aircraft; 
(3) the construction of barriers and acoustical shielding, includ-
ing the soundproofing of public buildings; 
(4) the use of flight procedures to control the operation of 
aircraft to reduce exposure of individuals to noise in the area 
surrounding the airport; and 
(5) acquisition of land and interests therein, including, but not 
limited to, air rights, easements, and development rights, so as to 
assure the use of property for purposes which are compatible 
with airport operations. 
(b) The Secretary shall approve or disapprove any program submit-
ted to him pursuant to subsection (a) (other than as such program 
relates to flight procedures referred to in subsection (a)(4) of this 
section) within one hundred and eighty days after it is received by 
him. The Secretary shall approve such program (other than as such 
program relates to flight procedures referred to in subsection (a)(4) of 
this section) (A) if the measures to be undertaken in carrying out such 
program (i) do not create an undue burden on interstate or foreign 
commerce, and (ii) are reasonably consistent with obtaining the goal 
of reducing existing noncompatible uses and preventing the introduc-
tion of additional noncompatible uses, and (B) if the program provides 
for its revision made necessary by any revised noise exposure map 
submitted under section 103(a)(2) of this title. Failure of the Secretary 
to approve or disapprove such program (other than as such program 
relates to flight procedures referred to in subsection (a)(4) of this 
section) within such time period shall be deemed to be an approval of 
such program. With respect to any part of such program which 
relates to such flight procedures, the Secretary shall provide such 
part of such program to the Administrator of the Federal Aviation 
Administration who shall either approve or disapprove such part of 
such program. 
(c)(1) The Secretary is authorized to incur obligations to make 
grants under this Act from funds made available under subsection (e) 
of this section for any project to carry out a noise compatibility 
program or parts thereof not disapproved under subsection Ot)) of this 
section. Grants under this Act may be made to operators of airports 
submitting noise compatibility programs and to units of local govern-
ment in the area surrounding such airports if the Secretary deter-
mines such units have the capability to carry out projects for which 
grant applications are made in accordance with such noise compati-
bility programs. Such airport operator may in turn agree to make the 
grant available to public agencies in the area surrounding such 
airports if the Secretary determines such agencies have the capabil-
ity to carry out projects for which grant applications are made in 
accordance with such noise compatibility programs. The Federal 
share of any project for which a grant is made under this subsection 
shall be 80 percent of the cost of the project. All of the provisions of 
the Airport and Airway Development Act of 1970 applicable to grants 
PUBLIC LAW 96-193—FEB. 18, 1980 
94 STAT. 53 
made under that Act (except section 17 of those provisions relating to 
apportionment) shall be applicable to any grant made under this Act, 
unless the Secretary determines that any provision of such Act of 
1970 is inconsistent with, or unnecessary to carry out, the purposes of 
this Act. 
(2) The Secretary, further, is authorized under this section to make 
grants to operators of airports and to units of local government 
referred to in paragraph (1) for any project to carry out a noise 
compatibility program developed prior to the enactment of this Act or 
the promulgation of its implementing regulations if the Secretary 
determines that such prior program is substantially consistent with 
the purposes of reducing existing uses and preventing the introduc-
tion of additional noncompatible uses and that the purposes of this 
Act would be furthered by prompt implementation of such program. 
(d) The United States shall not be liable for damages resulting from 
aviation noise by reason of any action taken by the Secretary or the 
Administrator of the Federal Aviation Administration under this 
section. 
(e) The Secretary shall obligate from funds available for expendi-
ture under section 14(aX3) of the Airport and Airway Development 
Act of 1970, not less than $25,000,000, for the fiscal year ending 
September 30, 1980, for making grants under subsection (c) of this 
section. 
SEC. 105. The Secretary, acting through the Administrator of the 
Federal Aviation Administration, after consultation with the officials 
of any public agencies or planning agencies in the area surrounding 
such airport, shall prepare and publish a noise exposure map and a 
noise compatibility program for the airport established by the Act of 
June 29,1940 (54 Stat. 686), and the airport the construction of which 
was authorized by the Act of September 7, 1950 (64 Stat. 770). Such 
map and program shall be prepared and published in accordance with 
the requirements of this Act no later than 1 year after the effective 
date of the regulations promulgated in accordance with section 102 of 
this Act. 
SEC. 106. No part of any noise exposure map or related information 
described in section 103(a) submitted to, or prepared by, the Secretary 
and no part of the list of land uses identified by the Secretary as land 
uses which are normally compatible with various exposures of 
individuals to noise shall be admitted as evidence, or used for any 
other purpose, in any suit or action seeking damages or other relief 
for the noise that results from the operation of 
an airport. 
SEC. 107. (a) No person who acquires property or an interest therein 
after the date of enactment of this Act in an area surrounding an 
airport with respect to which a noise exposure map has been 
submitted under section 103 of this title shall be entitled to recover 
damages with respect to the noise attributable to such airport if such 
person had actual or constructive knowledge of the existence of such 
noise exposure map unless, in addition to any other elements for 
recovery of 
damages, such person can show that— 
(1) a significant change in the type or frequency of aircraft 
operations at the airport; or 
(2) a significant change in the airport layout; or 
(3) a significant change in the flight patterns; or 
(4) a significant increase in nighttime operations; 
occurred after the date of the acquisition of such property or interest 
therein and that the dsunages for which recovery is sought have 
resulted from any such change or increase. 
49 u s e 1717. 
49 u s e 1701 
note. 
U.S. liability for 
damages. 
Post, p. 54. 
Noise exposure 
map and 
program, 
preparation and 
publication. 
49 u s e 2105. 
Maps and land 
use lists, 
prohibition. 
49 u s e 2106. 
Recovery of 
damage 
provisions. 
49 u s e 2107. 
94 STAT. 54 
PUBLIC LAW 96-193—FEB. 18, 1980 
Constructive 
knowledge. 
Study. 
49 u s e 2108. 
Ante, p. 51. 
Report to 
Congress. 
Repeal. 
Obligation or 
expenditure, 
reduction of 
available 
amount. 
Apportionment 
of funds. 
(b) For purposes of this section, constructive knowledge shall be 
imputed, at a minimum, to any person who acquires property or an 
interest therein in an area surrounding an airport after the date of 
enactment of this Act if— 
(1) prior to the date of such acquisition, notice of the existence 
of a noise exposure map for such area was published at least 
three times in a newspaper of general circulation in the county in 
which such property is located; or 
(2) a copy of such noise exposure map is furnished to such 
person at the time of such acquisition. 
SEC. 108. The Secretary shall study (1) airport noise compatibility 
planning carried out with grants made under section 13 of the 
Airport and Airway Development Act of 1970, and (2) airport noise 
compatibility programs carried out with grants made under this title, 
to determine to what extent such planning and programs are achiev-
ing the goals of reducing existing noncompatible uses of land around 
airports and preventing the introduction of new noncompatible uses 
around airports. Not later than January 1,1981, the Secretary shall 
submit a report to Congress setting forth the determinations made 
pursuant to such studies together with legislative recommendations, 
if any, which the Secretary determines necessary. 
TITLE II 
SEC. 201. (a) Paragraph (3) of subsection (a) of section 14 of the 
Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is 
amended by striking out "$525,000,000 for fiscal year 1980." and 
inserting in lieu thereof "$569,000,000 for fiscal year 1980.". 
O
b
) Paragraph (4) of subsection (a) of section 14 of the Airport and 
Airway Development Act of 1970 is amended by striking out 
"$85,000,000 for fiscal year 1980." and inserting in lieu thereof 
"$98,000,000 for fiscal year 1980.". 
(c) The last sentence of paragraph (2) of subsection (b) of section 14 
of the Airport and Airway Development Act of 1970 is hereby 
repealed. 
(d) Subsection (e) of section 14 of the Airport and Airway Develop-
ment Act of 1970 is amended by adding at the end thereof the 
following new sentence: "If in fiscal year 1980, or in any subsequent 
fiscal year, the total amount obligated under subsection (c) of this 
section in such fiscal year is less than the minimum amount made 
available for obligation under such subsection for such fiscal year, the 
amount available for obligation or expenditure as determined under 
the preceding sentence of this subsection shall be reduced by an 
amount equal to the difference between the amount made available 
under subsection (c) for such fiscal year and the total amount 
obligated under such subsection (c) for such fiscal year.". 
(e) Subsections (a), (c), and (d) of section 14 of the Airport and 
Airway Development Act of 1970 are amended by inserting the 
phrase "or more than" immediately after the words "not less than" 
each time those words appear therein. 
SEC. 202. (a) Paragraph (4) of subsection (a) of section 15 of the 
Airport and Airway Development Act of 1970 (49 U.S.C. 1715(a)(4)) is 
amended by striking out "and minus $15,000,000 in the case of each of 
the fiscal years 1977 through 1980," and inserting in lieu thereof "and 
minus $15,000,000 in the case of fiscal years 1977 through 1979, and 
minus $20,000,000 in the case of fiscal year 1980,". 
(b) Paragraph (4) of subsection (a) of section 15 of the Airport and 
Airway Development Act of 1970 is further amended by striking out 
PUBLIC LAW 96-193—FEB. 18, 1980 
94 STAT. 55 
"and $15,000,000 of the amount made available for each of the other 
fiscal years" and inserting in lieu thereof "$15,000,000 of the amount 
made available for each of the fiscal years 1977 through 1979, and 
$20,000,000 of the amount made available for fiscal year 1980". 
SEC. 203. Paragraph (2XA) of subsection (a) of section 17 of the 
Airport and Airway Development Act of 1970 (49 U.S.C. 1717) is 
amended by striking out "1980," and inserting in lieu thereof "shall 
be 90 per centum of the allowable project costs in the case of grants 
from funds for fiscal year 1980,". 
SEC. 204. Subparagraph (A) of section 208(fKl) of the Airport and 
Airway Revenue Act of 1970, as amended (49 U.S.C. 1742(fXlXA)) is 
amended by striking out all ^ter "1976" and inserting in lieu thereof 
"or of the Aviation Safety and Noise Abatement Act of 1979 (as such 
Acts were in effect on the date of enactment of the Aviation Safety 
and Noise Abatement Act of 1979);". 
SEC. 205. Subsection (c) of section 16 of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1716(c)) is amended by adding at 
the end thereof the following new paragraph: 
"(5) Notwithstanding any other provision of law, the Secretary may 
approve an application for an airport development project (other 
than an airport development project to which subsection (d)(1) ap-
plies) at an existing airport without requiring the preparation of an 
environmental impact statement with respect to noise for such 
project if: 
"(A) completion of the project would allow existing aircraft 
operations at the airport that involve aircraft that do not comply 
with the noise standards prescribed for 'stage 2' aircraft in 14 
CFR 36.1 to be replaced by aircraft operations involving aircraft 
that do comply with such standards; 
"(B) the project complies with all other statutory and adminis-
trative requirements imposed under this Act.". 
SEC. 206. Part II of the Airport and Airway Development Act of 
1970 (49 U.S.C. 1711 et seq.) is amended by adding at the end thereof 
the following new section: 
"SEC. 31. Notwithstanding any other provision of this title, no 
airport development project involving the construction or extension 
of any runway may be approved by the Secretary at any general 
aviation airport located astride a line separating two counties within 
a single State if, before the submission of such project to the 
Secretary, such project has not been approved by the governing body 
of any village incorporated under the laws of that State which is 
located entirely within five miles of the nearest boundary of such 
airport."c 
TITLE III 
Project costs. 
Trust fund 
amounts, 
availability. 
Airport 
development 
projects, 
approval. 
Environmental 
impact 
statement, 
Airport 
development 
project, 
approval. 
49 u s e 1731. 
DEFINITIONS 
SEC. 301. For purposes of this title— 
(1) the term "noncomplying aircraft" means any civil subsonic 
turbojet powered aircraft (A) which (i) has a maximum certifi-
cated takeoff weight of 75,000 pounds or more, and (ii) in the case 
of an aircraft registered in the United States, has a standard 
airworthiness certificate issued pursuant to section 603(c) of the 
Federal Aviation Act of 1958 (49 U.S.C. 1423), and (B) which does 
not comply with the noise standards prescribed for new subsonic 
aircraft in regulations issued by the Secretary, acting through 
the Administrator of the Federal Aviation Administration (14 
49 u s e 2121. 
94 STAT. 56 
PUBLIC LAW 96-193—FEB. 18, 1980 
Rulemaking. 
49 u s e 2122. 
Termination. 
Rulemaking. 
Termination. 
CFR part 36), as such regulations were in effect on January 1, 
1977; and 
(2) the term "Secretary" means the Secretary of Transporta-
tion. 
COMPUANCE FOR INTERNATIONAL CARRIERS 
SEC. 302. (a) If, by January 1,1980, the International Civil Aviation 
Organization (hereafter referred to as "ICAO") does not reach an 
agreement (1) which adopts the noise standards prescribed for new 
subsonic aircraft in regulations issued by the Secretary, acting 
through the Administrator of the Federal Aviation Administration 
(14 CFR part 36), as such regulations were in effect on January 1, 
1977, or (2) on noise standards and an international schedule for 
compliance with ICAO Noise Standards (annex 16) which are sub-
stantially compatible with the standards set forth in such regulations 
issued by the Secretary (14 CFR parts 36 and 91), the Secretary, 
acting through the Administrator, shall commence a rulemaking to 
require all air carriers and foreign air carriers engaging in foreign air 
transportation to comply with the noise standards set forth in such 
regulations (14 CFR parts 36 and 91) or with ICAO Noise Standards 
(annex 16) which are substantially compatible with the standards set 
forth in such regulations issued by the Secretary (14 CFR parts 36 and 
91) during the 5-year period thereafter, at a phased rate of compli-
ance similar to that in effect for aircraft registered in the United 
States. The requirement applied to air carriers engaging in foreign 
Eiir transportation shall not be more stringent than those applied to 
foreign air carriers. Such rulemsiking shall be concluded within 120 
days. 
(b) If, prior to January 1, 1980, the International Civil Aviation 
Organization reaches an agreement on noise standards that complies 
with clause (aXl) or (aX2) of 
this section, the Secretary, acting through 
the Administrator of the Federal Aviation Administration, shall 
immediately commence a rulemaking to require all air carriers and 
foreign air carriers engaging in foreign air transportation to comply 
with the noise standards set forth in such agreement at a phased rate 
of compliance similar to that in effect for aircraft registered in the 
United States. The requirement applied to air carriers engaging in 
foreign air transportation shall not be more stringent than those 
applied to foreign air carriers. Such rulemaking shall be concluded 
within 120 days. 
Noncomplying 
three-engine 
aircrafts; noise 
standards, 
exemption. 
49 u s e 2123. 
14 CFR Part 36. 
Noncomplying 
two-engine 
aircrafts; noise 
standards, 
exemption. 
NEW TECHNOLOGY AIRCRAFT INCENTIVE 
SEC. 303. (a) The Secretary shall provide an exemption from 
applicable noise standards to permit the operation of any noncomply-
ing three-engine aircraft, but not beyond January 1, 1985, if (1) the 
operator of such aircraft has a plan for the replacement of such 
aircraft which has been approved by the Secretary, and (2) the 
operator of such aircraft has entered into a binding contract by 
January 1, 1983, for delivery prior to Jsinuary 1,1985, of a replace-
ment aircraft which meets, at a minimum, the noise standards for 
new type certificated aircraft set forth in regulations issued by the 
Secretary, acting through the Administrator of the Federal Aviation 
Administration, on March 2, 1978 (F.R. Vol. 43, p. 8722, et seq.). 
(b) The Secretary shall provide an exemption from applicable noise 
standards to permit the operation of any noncomplymg two-engine 
aircraft, but not beyond January 1,1986, if (1) the operator of such 
aircraft has a plan for the replacement of such aircraft which has 
PUBLIC LAW 96-193—FEB. 18, 1980 
94 STAT. 57 
been approved by the Secretary, and (2) the operator of such aircraft 
has entered into a binding contract by January 1, 1983, for delivery 
prior to January 1, 1986, of a replacement aircraft which meets, at a 
minimum, the noise standards for new type certificated aircraft set 
forth in regulations issued by the Secretary, acting through the 
Administrator of the Federal Aviation Administration, on March 2, 
1978 (F.R. Vol. 43, p. 8722, et seq.). 
14 CFR 36. 
SMALL COMMUNITY SERVICE EXEMPTION 
49 u s e 2124. 
SEC. 304. (a) The Secretary shall provide an exemption from 
applicable noise standards to any person operating a noncomplying 
two-engine aircraft to permit such person to operate such aircraft. 
(b) Any exemption issued pursuant to this section shall terminate Termination, 
on whichever of the following dates first occurs: 
(1) in the event such operator sells or otherwise disposes of 
such aircraft to another person on or after January 1, 1983, on 
the date such aircraft is delivered to such other person; 
(2) in the case of an aircraft with a seating configuration of 100 
passenger seats or less, on January 1,1988; or 
(3) in the case of an aircraft with a seating configuration of 
more than 100 passenger seats, on January 1,1985. 
(c) For the purposes of subsection Ot)) of this section, the seating 
configuration of an aircraft shall be the seating configuration that 
existed on such aircraft on December 1,1979, or such earlier date as 
the Secretary may establish in individual cases. 
Seating 
configuration. 
TRADEOFF ALLOWANCE 
SEC. 305. Notwithstanding any other provision of law or any rule, 
regulation, or order issued pursuant thereto, the tradeoff provisions 
contained in appendix C of part 36 of title 14 of the Code of Federal 
Regulations shall apply in determining whether any aircraft com-
plies with the provisions of subpart E of part 91 of title 14 of the Code 
of Federal Regulations. 
TITLE IV 
SEC. 401. Not later than 90 days after the date of enactment of this 
Act, and each January 31 thereafter, until implementation of colli-
sion avoidance systems in the national air traffic control system, the 
Secretary of Transportation shall submit to the Congress a report on 
the status of the development of such systems. Such reports shall set 
forth proposed timetables for the implementation of such systems. 
The Secretary of Transportation's report shall include proposals for 
any legislation needed to implement such systems. 
SEC. 402. Section 1112 of the Federal Aviation Act of 1958 is 
amended to read as follows: 
49 u s e 2125. 
14 eFR 36. 
14 CFR 91. 
Report to 
Congress. 
49 u s e 1348 
note. 
49 u s e 1512. 
STATE OR SUBDIVISION INCOME TAX ON COMPENSATION PAID TO 
INTERSTATE AIR CARRIER EMPLOYEES 
"SEC. 1112. (a) No part of the compensation paid by an air carrier to 
an employee who performs his regularly assigned duties as such an 
employee on an aircraft in more than one State, shall be subject to 
the income tax laws of any State or subdivision thereof other than the 
State or subdivision thereof of such employee's residence and the 
State or subdivision thereof in which such employee earns more than 
50 per centum of the compensation paid by the carrier to such 
employee. 
94 STAT. 58 
PUBLIC LAW 96-193—FEB. 18, 1980 
"State." 
"Compensation. 
49 u s e 1301. 
Regulations. 
49 u s e 1359. 
26 u s e 501. 
Fund 
solicitation, 
permit 
application. 
Posting of 
permit. 
"(b) For the purposes of subsection (a), an employee shall be deemed 
to have earned 50 per centum of his compensation in any State or 
subdivision in which his scheduled flight time in such State or 
subdivision is more than 50 per centum of his total scheduled flight 
time in the calendar year while so employed. 
"(c) For the purposes of this section the term 'State' also means the 
District of Columbia and any of the possessions of the United States; 
and the term 'compensation' shall mean all moneys received for 
services rendered by the employee in the performance of his duties 
and shall include wages and salary.". 
SEC. 403. That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
heading 
"TITLE XI—MISCELLANEOUS" 
is amended by striking the item designated as "Sec. 1112" and 
inserting in lieu thereof: 
"Sec. 1112. State or subdivision income tax on compensation paid to interstate air 
carrier employees.". 
TITLE V 
SEC. 501. (a) The Administrator of the Federal Aviation Adminis-
tration (hereinafter referred to as the "Administrator") shall, within 
90 days after the date of enactment of this Act, promulgate regula-
tions for airports operated by the Administration to regulate the 
access to public areas by individuals or by religious and nonprofit 
organizations (as defined in section 501(c)(3) of the Internal Revenue 
Code of 1954) for the purpose of soliciting funds or distributing 
materials. 
(b) In promulgating regulations under this section the Administra-
tor shall consider requiring any individual or organization described 
in subsection (a) to submit an application for a permit to engage in the 
soliciting of funds or the distribution of materials. In considering 
such an application the Administrator may require that— 
(1) a responsible individual representative of the applicant 
shall be designated to represent the organization, 
(2) each individual participating in any solicitation or distribu-
tion will display a proper identification approved by the Admin-
istrator, 
(3) the number of individuals engaged in any solicitation or 
distribution at any one time shall not exceed a reasonable 
number, in keeping with the need for free movement in and 
operation of the airports as provided for by the permit, 
(4) the solicitation or distribution be confined to limited areas 
and times, and 
(5) no individual or organization which holds a permit under 
this section shall be permitted to— 
(A) use sound amplification or display signs (other than 
signs approved by the Administrator); 
(B) intentionally interfere with users of the airport; 
(C) engage in the use of indecent or obscene remarks or 
conduct; or 
(D) engage in the use of loud, threatening, or abusive 
language intended to coerce, intimidate or disturb the peace. 
(c)(1) The Administrator shall consider requiring that a copy of a 
permit (if such is required) be conspicuously posted in the area in 
which any solicitation or distribution is permitted. 
PUBLIC LAW 96-193—FEB. 18, 1980 
94 STAT. 59 
(2) The Administrator shall consider whether revocation of 
approval for any permit if required and approved under this section 
should occur for any violation of any rule or regulation promulgated 
hereunder. 
(d) Regulations intended to be promulgated under this section shall 
be submitted to Congress within 30 days after the date of enactment 
of 
this Act. 
SEC. 502. (a) Paragraph (1) of section 902(1) of the Federal Aviation 
Act of 1958 (49 U.S.C. 14720X1)) is amended to read as follows: 
"(1) With respect to any aircraft in, or intended for operation in air 
transportation or intrastate air transportation, whoever— 
"(A) while aboard, or while attempting to board such aircraft 
has on or about his person or his property a concealed deadly or 
dangerous weapon which is, or could be, accessible to such person 
in flight; 
"(B) has placed, attempted to place, or attempted to have 
placed a loaded firearm aboard such aircraft in baggage or other 
property which is not accessible to passengers in flight; or 
"(C) h£is on or about his person, or who placed, attempted to 
place, or attempted to have placed aboard such aircraft any bomb 
or similar explosive or incendiary device; 
shall be fined not more than $1,000 or imprisoned not more than one 
year, or both.". 
(b) Paragraph (3) of section 902(1) of the Federal Aviation Act of 
1958 is amended— 
(1) by striking out "This subsection" and by inserting in lieu 
thereof "Paragraph (1)(A) of this subsection"; 
(2) by inserting "officers or employees of before "the Federal 
Government"; and 
(3) by inserting "(other than loaded firearms)" after "persons 
transporting weapons". 
(c) Section 902(1) of the Federal Aviation Act of 1958 is amended by 
adding at the end thereof the following new paragraph: 
"(4) For purposes of 
this subsection— 
"(A) the term 'firearm' means any starter gun and any weapon 
which is designed to or has been converted to expel any projectile 
by the action of an explosive; and 
"(B) the term 'loaded firearm' me£ins any firearm which has a 
cartridge, a detonator, or powder in the chamber, magazine, 
cylinder, or clip of 
such firearm.". 
SEC. 503. (a) Except as provided in subsection (c), notwithstanding 
any other provision of law, neither the Secretary of Transportation, 
the Civil Aeronautics Board, nor any other officer or employee of the 
United States shall issue, reissue, amend, revise, or otherwise modify 
(either by action or inaction) any certificate or other authority to 
permit or otherwise authorize any person to provide the transporta-
tion of individuals, by air, as a common carrier for compensation or 
hire between Love Field, Texas, and one or more points outside the 
State of Texas, except (1) charter air transportation not to exceed ten 
flights per month, and (2) air transportation provided by commuter 
airlines operating aircraft with a passenger capacity of 56 passengers 
or less. 
(b) Except as provided in subsections (a) and (c), notwithstanding 
any other provision of law, or any certificate or other authority 
heretofore or hereafter issued thereunder, no person shall provide or 
offer to provide the transportation of individuals, by £dr, for compen-
sation or hire as a common carrier between Love Field, Texas, and 
one or more points outside the State of Texas, except that a person 
Regulations, 
submittal to 
Congress. 
Carrying 
weapons or 
explosives 
aboard aircraft. 
Penalty. 
Conditional 
provisions. 
"Firearm." 
"Loaded 
firearm." 
Certain flights 
into and from 
Love Field, 
Tex. 
94 STAT. 60 
Effective date. 
Ante, p. 35. 
PUBLIC LAW 96-193—FEB. 18, 1980 
providing service to a point outside of Texas from Love Field on 
November 1, 1979, may continue to provide service to such a point. 
(c) Subsections (a) and (b) shall not apply with respect to, and it is 
found consistent with the public convenience and necessity to author-
ize, transportation of individuals, by air, on a flight between Love 
Field, Texas, and one or more points within the States of Louisiana, 
Arkansas, Oklahoma, New Mexico, and Texas by an air carrier, if (1) 
such air carrier does not offer or provide any through service or 
ticketing with another air carrier or foreign air carrier, and (2) such 
air carrier does not offer for sale transportation to or from, and the 
flight or aircraft does not serve, any point which is outside any such 
State. Nothing in this subsection shall be construed to give authority 
not otherwise provided by law to the Secretary of Transportation, the 
Civil Aeronautics Board, any other officer or employee of the United 
States, or any other person. 
(d) This section shall not take effect if enacted after the enactment 
of the International Air Transportation Competition Act of 1979. 
Approved February 18, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-475 (Comm. on Public Works and Transportation); No. 
96-203, pt. 1 (Ck)mm. on Public Works and Transportation) and 
No. 96-203, pt. 2 (Comm. on Interstate and Foreign Commerce), 
both accompanying H.R. 8942; and 96-715 (Comm. of Con-
f61*61106). 
SENATE REPORT No. 96-52 accompanying S. 413 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Apr. 10, May 1, S. 413 considered and passed Senate. 
Oct. 22, H.R. 2440 considered and passed House; passed Senate, 
amended, in lieu of S. 413. 
Vol. 126 (1980): Jan. 31, House agreed to conference report. 
Feb. 5, Senate agreed to conference report.