[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 49USC47504]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 475--NOISE
SUBCHAPTER I--NOISE ABATEMENT
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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1285; Pub. L. 103-
305, title I, Sec. 119, Aug. 23, 1994, 108 Stat. 1580; Pub. L. 103-429,
Sec. 6(71), Oct. 31, 1994, 108 Stat. 4387.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
47504(a).............................. 49 App.:2104(a). Feb. 18, 1980, Pub. L. 96-193, Sec.
104(a), 94 Stat. 51; Dec. 30, 1987,
Pub. L. 100-223, Sec. 301(a), 101
Stat. 1523.
47504(b).............................. 49 App.:2104(b). Feb. 18, 1980, Pub. L. 96-193, Sec.
104(b), (d), 94 Stat. 52, 53.
47504(c).............................. 49 App.:2104(c). Feb. 18, 1980, Pub. L. 96-193, Sec.
104(c), 94 Stat. 52; Sept. 3, 1982,
Pub. L. 97-248, Sec. 524(b)(4), 96
Stat. 696; Dec. 30, 1987, Pub. L. 100-
223, Sec. 301(b), (c), 101 Stat.
1523; Oct. 28, 1991, Pub. L. 102-143,
Sec. 336, 105 Stat. 947.
47504(d).............................. 49 App.:2104(d).
----------------------------------------------------------------------------------------------------------------
In subsection (a)(1)(A), the words ``the officials of'' are omitted
as surplus. The words ``planning authorities'' are substituted for
``planning agencies'' for consistency.
In subsection (a)(2)(A), the word ``establishing'' is substituted
for ``the implementation of'' for consistency.
In subsection (a)(2)(B), the words ``the implementation of'' are
omitted as surplus.
In subsection (b)(1), before clause (A), the words ``to him'' and
``the measures to be undertaken in carrying out'' are omitted as
surplus. In clause (B), the word ``achieving'' is substituted for
``obtaining'' for clarity. The word ``existing'' is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2104(b) (3d sentence)
to eliminate unnecessary words.
In subsection (c)(1)(B) and (2), the words ``for which grant
applications are made in accordance with such noise compatibility
programs'' are omitted as surplus.
In subsection (c)(1), before clause (A), the words ``incur
obligations to'' and ``further . . . under this section'' are omitted as
surplus. In clause (C), the words ``to carry out any part of a program''
are substituted for ``any project to carry out a noise compatibility
program'', and the words ``or before implementing regulations were
prescribed'' are substituted for ``or the promulgation of its
implementing regulations'', for clarity and consistency. The words ``the
purposes of'' before ``reducing'' are omitted as surplus. The word
``noncompatible'' is added after ``existing'' for clarity and
consistency. In clause (D), the words ``for any project'' and
``determined to be'' are omitted as surplus.
In subsection (c)(2), the words ``in turn'' are omitted as surplus.
In subsection (c)(4), before clause (A), the words ``All of'' and
``made under section 505 of that Act'' are omitted as surplus. The word
``except'' is substituted for ``unless'' for clarity. In clause (1), the
words ``relating to United States share of project costs'' are omitted
as surplus. In clause (2), the words ``the purposes of'' are omitted as
surplus.
In subsection (d), the words ``by the Secretary or the Administrator
of the Federal Aviation Administration'' are omitted as surplus.
Pub. L. 103-429
This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and
(D) because the subject matter is similar to that of 49:47504(c)(2)(A)
and (B) that was added by section 119(2) of the Federal Aviation
Administration Authorization Act of 1994 (Public Law 103-305, 108 Stat.
1580).
References in Text
Section 301(d)(4)(B) of the Airport and Airway Safety and Capacity
Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section
301(d)(4)(B) of Pub. L. 100-223, which was set out as a note under
section 2104 of former Title 49, Transportation, prior to repeal by Pub.
L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.
Amendments
1994--Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(71)(A), inserted
``and'' after semicolon at end.
Subsec. (c)(1)(B). Pub. L. 103-429, Sec. 6(71)(B), substituted a
period for semicolon at end.
Subsec. (c)(1)(C), (D). Pub. L. 103-429, Sec. 6(71)(C), redesignated
par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(2). Pub. L. 103-305, Sec. 119(2), added par. (2). Former
par. (2) redesignated (3).
Subsec. (c)(2)(A)(iii). Pub. L. 103-429, Sec. 6(71)(D), struck out
``and'' after semicolon at end.
Subsec. (c)(2)(B)(iii). Pub. L. 103-429, Sec. 6(71)(E), substituted
a semicolon for period at end.
Subsec. (c)(2)(C), (D). Pub. L. 103-429, Sec. 6(71)(F), substituted
``to an airport operator and unit of local government referred to in
paragraph (1)(A) or (1)(B) of this subsection'' for ``an airport
operator or unit of local government referred to in clause (A) or (B) of
this paragraph''.
Pub. L. 103-429, Sec. 6(71)(C), redesignated par. (1)(C) as (2)(C)
and (1)(D) as (2)(D).
Subsec. (c)(3). Pub. L. 103-305, Sec. 119(1), redesignated par. (2)
as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 103-305, Sec. 119(3), struck out ``paragraph
(1) of'' before ``this subsection'' in introductory provisions.
Pub. L. 103-305, Sec. 119(1), redesignated par. (3) as (4). Former
par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 103-305, Sec. 119(1), redesignated par. (4)
as (5).
Section Referred to in Other Sections
This section is referred to in sections 106, 40117, 47117, 47505,
48103 of this title.
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