Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 49USC47524]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 475--NOISE
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
Sec. 47524. Airport noise and access restriction review program
(a) General Requirements.--The national aviation noise policy
established under section 47523 of this title shall provide for
establishing by regulation a national program for reviewing airport
noise and access restrictions on the operation of stage 2 and stage 3
aircraft. The program shall provide for adequate public notice and
opportunity for comment on the restrictions.
(b) Stage 2 Aircraft.--Except as provided in subsection (d) of this
section, an airport noise or access restriction may include a
restriction on the operation of stage 2 aircraft proposed after October
1, 1990, only if the airport operator publishes the proposed restriction
and prepares and makes available for public comment at least 180 days
before the effective date of the proposed restriction--
(1) an analysis of the anticipated or actual costs and benefits
of the existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do
not involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative
measures to the costs and benefits of the proposed restriction.
(c) Stage 3 Aircraft.--(1) Except as provided in subsection (d) of
this section, an airport noise or access restriction on the operation of
stage 3 aircraft not in effect on October 1, 1990, may become effective
only if the restriction has been agreed to by the airport proprietor and
all aircraft operators or has been submitted to and approved by the
Secretary of Transportation after an airport or aircraft operator's
request for approval as provided by the program established under this
section. Restrictions to which this paragraph applies include--
(A) a restriction on noise levels generated on either a single
event or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft
operations;
(C) a noise budget or noise allocation program that would
include stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary receives an airport
or aircraft operator's request for approval of an airport noise or
access restriction on the operation of a stage 3 aircraft, the Secretary
shall approve or disapprove the restriction. The Secretary may approve
the restriction only if the Secretary finds on the basis of substantial
evidence that--
(A) the restriction is reasonable, nonarbitrary, and
nondiscriminatory;
(B) the restriction does not create an unreasonable burden on
interstate or foreign commerce;
(C) the restriction is not inconsistent with maintaining the
safe and efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation
of the United States;
(E) an adequate opportunity has been provided for public comment
on the restriction; and
(F) the restriction does not create an unreasonable burden on
the national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the
Administrator of the Federal Aviation Administration, before November 5,
1990, has formed a working group (outside the process established by
part 150 of title 14, Code of Federal Regulations) with a local airport
operator to examine the noise impact of air traffic control procedure
changes at the airport. However, if an agreement on noise reductions at
that airport is made between the airport proprietor and one or more air
carriers or foreign air carriers that constitute a majority of the
carrier use of the airport, this paragraph applies only to a local
action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access
restriction previously agreed to or approved under this subsection on
request of an aircraft operator able to demonstrate to the satisfaction
of the Secretary that there has been a change in the noise environment
of the affected airport that justifies a reevaluation. The Secretary
shall establish by regulation procedures for conducting a reevaluation.
A reevaluation--
(A) shall be based on the criteria in paragraph (2) of this
subsection; and
(B) may be conducted only after 2 years after a decision under
paragraph (2) of this subsection has been made.
(d) Nonapplication.--Subsections (b) and (c) of this section do not
apply to--
(1) a local action to enforce a negotiated or executed airport
noise or access agreement between the airport operator and the
aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport
noise or access restriction agreed to by the airport operator and
the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or
access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access
agreement or restriction in effect on November 5, 1990, that does
not reduce or limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an
airport operator not later than October 1, 1990, and stayed as of
October 1, 1990, by a court order or as a result of litigation, if
any part of the restriction is subsequently allowed by a court to
take effect; or
(B) a new restriction imposed by an airport operator to replace
any part of a restriction described in subclause (A) of this clause
that is disallowed by a court, if the new restriction would not
prohibit aircraft operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final
part of a program of a staged airport noise or access restriction if
the initial part of the program was adopted during 1988 and was in
effect on November 5, 1990.
(e) Grant Limitations.--Beginning on the 91st day after the
Secretary prescribes a regulation under subsection (a) of this section,
a sponsor of a facility operating under an airport noise or access
restriction on the operation of stage 3 aircraft that first became
effective after October 1, 1990, is eligible for a grant under section
47104 of this title and is eligible to impose a passenger facility fee
under section 40117 of this title only if the restriction has been--
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1)
of this section; or
(3) rescinded.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1288.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
47524(a).............................. 49 App.:2153(a)(1). Nov. 5, 1990, Pub. L. 101-508, Sec.
9304(a)(1)- (2)(C), (3)-(g), 104 Stat.
1388-379.
47524(b).............................. 49 App.:2153(a) (2)(A), (c).
47524(c)(1)........................... 49 App.:2153(a) (2)(B), (b).
47524(c)(2)........................... 49 App.:2153(d).
47524(c)(3)........................... 49 App.:2153(a) (2)(D). Nov. 5, 1990, Pub. L. 101-508, Sec.
9304(a)(2)(D), 104 Stat. 1388-380;
Oct. 31, 1992, Pub. L. 102-581, Sec.
136(a), 106 Stat. 4889.
47524(c)(4)........................... 49 App.:2153(f), (g).
47524(d).............................. 49 App.:2153(a) (2)(C).
47524(e).............................. 49 App.:2153(e).
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``shall provide for establishing'' are
substituted for ``shall require the establishment . . . of'' as being
more appropriate. The words ``in accordance with the provisions of this
section'' are omitted as surplus.
In subsection (b), the words ``proposed after October 1, 1990'' are
substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ``not in effect
on October 1, 1990'' are substituted for 49 App.:2153(a)(2)(B) to
eliminate unnecessary words. In clause (B), the words ``direct or
indirect'' are omitted as surplus.
In subsection (c)(2)(A)-(D) and (F), the word ``proposed'' is
omitted as surplus. In clause (D), the word ``existing'' is omitted as
surplus.
In subsection (c)(4), the words ``that justifies a reevaluation''
are substituted for ``and that a review and reevaluation . . . of the
previously approved or agreed to noise restriction is therefore
justified'' to eliminate unnecessary words.
In subsection (d)(6), the words ``calendar year'' are omitted as
surplus.
Section Referred to in Other Sections
This section is referred to in sections 47525, 47533 of this title.
Return to United States Code