Section
47501. Definitions.
47502. Noise measurement and exposure systems and identifying land
use compatible with noise exposure.
47503. Noise exposure maps.
47504. Noise compatibility programs.
47505. Airport noise compatibility planning grants.
47506. Limitations on recovering damages for noise.
47507. Nonadmissibility of noise exposure map and related
information as evidence.
47508. Noise standards for air carriers and foreign air carriers
providing foreign air transportation.
47509. Research program on quiet aircraft technology for propeller
and rotor driven aircraft.
47510. Tradeoff allowance.
SUBCHAPTER II - NATIONAL AVIATION NOISE POLICY
47521. Findings.
47522. Definitions.
47523. National aviation noise policy.
47524. Airport noise and access restriction review program.
47525. Decision about airport noise and access restrictions on
certain stage 2 aircraft.
47526. Limitations for noncomplying airport noise and access
restrictions.
47527. Liability of the United States Government for noise damages.
47528. Prohibition on operating certain aircraft not complying with
stage 3 noise levels.
47529. Nonaddition rule.
47530. Nonapplication of sections 47528(a)-(d) and 47529 to
aircraft outside the 48 contiguous States.
47531. Penalties for violating sections 47528-47530.
47532. Judicial review.
47533. Relationship to other laws.
AMENDMENTS
1994 - Pub. L. 103-429, Sec. 6(72)(B), Oct. 31, 1994, 108 Stat.
4388, added item 47510.
Pub. L. 103-305, title III, Sec. 308(b), Aug. 23, 1994, 108 Stat.
1594, added item 47509.
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 47108 of this title.
Sec. 47501. Definitions
In this subchapter -
(1) "airport" means a public-use airport as defined in
section 47102 of this title.
(2) "airport operator" means -
(A) for an airport serving air carriers that have
certificates from the Secretary of Transportation, any person
holding an airport operating certificate issued under section
44706 of this title; and
(B) for any other airport, the person operating the airport.
Sec. 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.
Sec. 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 operations 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.
Sec. 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 Secretary of
Transportation after -
(A) consulting with public agencies and planning authorities in
the area surrounding the airport, United States Government
officials having local responsibility for the airport, and air
carriers using the airport; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection
shall state the measures the operator has taken or proposes to take
to reduce existing noncompatible uses and prevent introducing
additional noncompatible uses in the area covered by the map. The
measures may include -
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or class of
aircraft because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and
soundproofing public buildings;
(D) using flight procedures to control the operation of
aircraft to reduce exposure of individuals to noise in the area
surrounding the airport; and
(E) acquiring land, air rights, easements, development rights,
and other interests to ensure that the property will be used in
ways compatible with airport operations.
(b) Approvals. - (1) The Secretary shall approve or disapprove a
program submitted under subsection (a) of this section (except as
the program is related to flight procedures referred to in
subsection (a)(2)(D) of this section) not later than 180 days after
receiving it. The Secretary shall approve the program (except as
the program is related to flight procedures referred to in
subsection (a)(2)(D)) if the program -
(A) does not place an unreasonable burden on interstate or
foreign commerce;
(B) is reasonably consistent with achieving the goal of
reducing noncompatible uses and preventing the introduction of
additional noncompatible uses; and
(C) provides for necessary revisions because of a revised map
submitted under section 47503(b) of this title.
(2) A program (except as the program is related to flight
procedures referred to in subsection (a)(2)(D) of this section) is
deemed to be approved if the Secretary does not act within the
180-day period.
(3) The Secretary shall submit any part of a program related to
flight procedures referred to in subsection (a)(2)(D) of this
section to the Administrator of the Federal Aviation
Administration. The Administrator shall approve or disapprove that
part of the program.
(c) Grants. - (1) The Secretary may incur obligations to make
grants from amounts available under section 48103 of this title to
carry out a project under a part of a noise compatibility program
approved under subsection (b) of this section. A grant may be made
to -
(A) an airport operator submitting the program; and
(B) a unit of local government in the area surrounding the
airport, if the Secretary decides the unit is able to carry out
the project.
(2) Soundproofing and acquisition of certain residential
buildings and properties. - The Secretary may incur obligations to
make grants from amounts made available under section 48103 of this
title -
(A) for projects to soundproof residential buildings -
(i) if the airport operator received approval for a grant for
a project to soundproof residential buildings pursuant to
section 301(d)(4)(B) of the Airport and Airway Safety and
Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated noise exposure
contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects
are compatible with the purposes of this chapter;
(B) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection to
soundproof residential buildings located on residential
properties, and to acquire residential properties, at which noise
levels are not compatible with normal operations of an airport -
(i) if the airport operator amended an existing local
aircraft noise regulation during calendar year 1993 to increase
the maximum permitted noise levels for scheduled air carrier
aircraft as a direct result of implementation of revised
aircraft noise departure procedures mandated for aircraft
safety purposes by the Administrator of the Federal Aviation
Administration for standardized application at airports served
by scheduled air carriers;
(ii) if the airport operator submits updated noise exposure
contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects
are compatible with the purposes of this chapter;
(C) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection to
carry out any part of a program developed before February 18,
1980, or before implementing regulations were prescribed, if the
Secretary decides the program is substantially consistent with
reducing existing noncompatible uses and preventing the
introduction of additional noncompatible uses and the purposes of
this chapter will be furthered by promptly carrying out the
program; and
(D) to an airport operator and unit of local government
referred to in paragraph (1)(A) or (1)(B) of this subsection to
soundproof a building in the noise impact area surrounding the
airport that is used primarily for educational or medical
purposes and that the Secretary decides is adversely affected by
airport noise.
(3) An airport operator may agree to make a grant made under
paragraph (1)(A) of this subsection available to a public agency in
the area surrounding the airport if the Secretary decides the
agency is able to carry out the project.
(4) The Government's share of a project for which a grant is made
under this subsection is the greater of -
(A) 80 percent of the cost of the project; or
(B) the Government's share that would apply if the amounts
available for the project were made available under subchapter I
of chapter 471 of this title for a project at the airport.
(5) The provisions of subchapter I of chapter 471 of this title
related to grants apply to a grant made under this chapter, except -
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent
with, or unnecessary to carry out, this chapter.
(d) Government Relief From Liability. - The Government is not
liable for damages from aviation noise because of action taken
under this section.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 47508. Noise standards for air carriers and foreign air carriers
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, prescribed between
January 2, 1977, and January 1, 1982.
(b) Compliance at Phased Rate. - The Secretary shall require each
air carrier and foreign air carrier providing foreign air
transportation to comply with the noise standards at a phased rate
similar to the rate for aircraft registered in the United States.
(c) Nondiscrimination. - The requirement for air carriers
providing foreign air transportation may not be more stringent than
the requirement for foreign air carriers.
Sec. 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.
Sec. 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.