49 U.S.C. § 47501 — Definitions

Page 1689 TITLE 49—TRANSPORTATION § 47501 landing fees and fees for the use of communication services)’’ are omitted as surplus. In clause (5), the words ‘‘by purchase or otherwise, real or personal’’ and ‘‘which he may consider necessary for the purposes of this section’’ are omitted as surplus. In subsection (b), the words ‘‘including handling charges’’ are omitted as surplus. The words ‘‘facilities and services sold or provided’’ are substituted for ‘‘of the fuel, oil, equipment, food, supplies, services, shel- ter, or other assistance or services sold or furnished’’ for consistency and to eliminate unnecessary words. The words ‘‘under subsection (a)(3) and (4) of this sec- tion’’ are added for clarity. The words ‘‘if any’’ are omitted as surplus. The words ‘‘deposited in the Treas- ury as’’ are substituted for ‘‘credited to’’ for clarity and consistency in the revised title and with other ti- tles of the Code. In subsection (c), the words ‘‘use personnel and facili- ties of the United States Government most advan- tageously and without unnecessary duplication’’ are substituted for ‘‘to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be un- necessarily duplicated’’ to eliminate unnecessary words. The word ‘‘request’’ is substituted for ‘‘arrange for’’ for clarity. The words ‘‘department, agency, or in- strumentality of the Government’’ are substituted for ‘‘other United States Government agencies’’ for con- sistency in the revised title and with other titles of the Code. The words ‘‘on a reimbursable basis’’ are sub- stituted for ‘‘and to reimburse any such agency for such service out of funds appropriated to the Depart- ment of Transportation or the Department of Com- merce, as the case may be’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2011—Subsec. (d). Pub. L. 111–350 substituted ‘‘Section 6101(b) to (d) of title 41’’ for ‘‘Section 3709 of the Re- vised Statutes (41 U.S.C. 5)’’. Statutory Notes and Related Subsidiaries ANNETTE ISLAND AIRPORT, ALASKA; RENEWAL OF LEASE Act May 9, 1956, ch. 241, 70 Stat. 146, provided: ‘‘That the Congress of the United States hereby approves the extension, from year to year, until June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administra- tion [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on De- cember 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond June 30, 1959, unless approved by Congress.’’ [§ 47306. Repealed. Pub. L. 118–63, title VII, § 727, May 16, 2024, 138 Stat. 1271] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1283, related to criminal penalty for knowingly and willfully violating a regulation prescribed by the Sec- retary of Transportation to carry out this chapter. CHAPTER 475—NOISE SUBCHAPTER I—NOISE ABATEMENT Sec. 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. Sec. 47507. Nonadmissibility of noise exposure map and related information as evidence. 47508. Noise standards for air carriers and foreign air carriers providing foreign air transpor- tation. 47509. Research program on quiet aircraft tech- nology for propeller and rotor driven air- craft. 47510. Tradeoff allowance. 47511. CLEEN engine and airframe technology part- nership. 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 re- strictions 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. 47532. Judicial review. 47533. Relationship to other laws. 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not com- plying with stage 3 noise levels. Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, div. B, title VII, § 743(b), Oct. 5, 2018, 132 Stat. 3413, added item 47511. 2012—Pub. L. 112–95, title V, § 506(b)(3), Feb. 14, 2012, 126 Stat. 106, which directed amendment of the analysis for subchapter II of this chapter by substituting ‘‘Pen- alties’’ for ‘‘Penalties for violating sections 47528–47530’’ in item 47531 and by adding item 47534, was executed to the analysis for this chapter to reflect the probable in- tent of Congress. 1994—Pub. L. 103–429, § 6(72)(B), Oct. 31, 1994, 108 Stat. 4388, added item 47510. Pub. L. 103–305, title III, § 308(b), Aug. 23, 1994, 108 Stat. 1594, added item 47509. SUBCHAPTER I—NOISE ABATEMENT § 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 air- port operating certificate issued under sec- tion 44706 of this title; and (B) for any other airport, the person oper- ating the airport. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1284.) Page 1690 TITLE 49—TRANSPORTATION § 47501 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47501(1) ...... 49 App.:2101(1). Feb. 18, 1980, Pub. L. 96–193, § 101(1), 94 Stat. 50; re- stated Sept. 3, 1982, Pub. L. 97–248, § 524(b)(1), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, § 103(f), 101 Stat. 1489. 49 App.:2101(3). Feb. 18, 1980, Pub. L. 96–193, § 101(3), 94 Stat. 50. 47501(2) ...... 49 App.:2101(2). Feb. 18, 1980, Pub. L. 96–193, § 101(2), 94 Stat. 50; re- stated Sept. 3, 1982, Pub. L. 97–248, § 524(b)(2), 96 Stat. 696. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. In this section, the words ‘‘the term’’ are omitted as surplus. In clause (1), the text of 49 App.:2101(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (2), the word ‘‘valid’’ is omitted as surplus. Statutory Notes and Related Subsidiaries PART 150 NOISE STANDARDS UPDATE Pub. L. 118–63, title VII, § 786, May 16, 2024, 138 Stat. 1313, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall review and revise, as appropriate, part 150 of title 14, Code of Federal Regulations, to reflect all relevant laws and regulations, including part 161 of title 14, Code of Federal Regulations. ‘‘(b) OUTREACH.—As part of the review conducted under subsection (a), the Administrator shall clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individ- uals living in the vicinity of airports and in airport ad- jacent communities before implementing any changes to any noise policies or standards. ‘‘(c) BRIEFING.—Not later than 90 days after the date of enactment of this Act, and every 6 months there- after, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Com- mittee on Transportation and Infrastructure of the House of Representatives] regarding the review con- ducted under subsection (a). ‘‘(d) SUNSET.—The requirement under subsection (c) shall terminate on the earlier of— ‘‘(1) October 1, 2028; or ‘‘(2) the date on which 1 briefing is provided under subsection (c) after the changes in subsection (a) are implemented.’’ REDUCING COMMUNITY AIRCRAFT NOISE EXPOSURE Pub. L. 118–63, title VII, § 787, May 16, 2024, 138 Stat. 1313, provided that: ‘‘In implementing or substantially revising a flight procedure, the Administrator [of the Federal Aviation Administration] shall consider the following actions (to the extent that such actions do not negatively affect aviation safety or efficiency) to reduce undesirable aircraft noise: ‘‘(1) Implement flight procedures that can mitigate the impact of aircraft noise, based on a consensus community recommendation. ‘‘(2) Work with airport sponsors and potentially im- pacted neighboring communities in establishing or modifying aircraft arrival and departure routes. ‘‘(3) In collaboration with local governments, dis- courage local encroachment of residential or other buildings near airports that could create future air- craft noise complaints or impact airport operations or aviation safety.’’ INFORMATION SHARING REQUIREMENT Pub. L. 118–63, title VII, § 794, May 16, 2024, 138 Stat. 1319, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Sec- retary [of Transportation], acting through the Admin- istrator [of the Federal Aviation Administration], shall establish a mechanism to make helicopter noise com- plaint data accessible to the FAA [Federal Aviation Administration], to helicopter operators operating in the Washington, DC area, and to the public on a website of the FAA, based on the recommendation of the Government Accountability Office in the report ti- tled ‘Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Heli- copter Noise Concerns’, published on January 7, 2021 (GAO–21–200). ‘‘(b) COOPERATION.—Any helicopter operator oper- ating in the Washington, DC area shall, to the extent practicable, provide helicopter noise complaint data to the FAA through the mechanism established under sub- section (a). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) HELICOPTER NOISE COMPLAINT DATA.—The term ‘helicopter noise complaint data’— ‘‘(A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include— ‘‘(i) the location and description of the event that is the subject of the complaint; ‘‘(ii) the start and end time of such event; ‘‘(iii) a description of the aircraft that is the subject of the complaint; and ‘‘(iv) the airport name associated with such event; and ‘‘(B) does not include the personally identifiable information of the individual who submitted the complaint. ‘‘(2) WASHINGTON, DC AREA.—The term ‘Washington, DC area’ means the area inside of a 30-mile radius surrounding Ronald Reagan Washington National Airport.’’ MITIGATION OF MILITARY HELICOPTER NOISE Pub. L. 116–283, div. A, title X, § 1087, Jan. 1, 2021, 134 Stat. 3877, provided that: ‘‘(a) PROCESS FOR TRACKING COMPLAINTS.—The Sec- retary of Defense, in coordination with the Metropoli- tan Washington Airports Authority, shall develop a process to receive, track, and analyze complaints of military rotary wing aircraft noise in the National Capital Region that are registered on the noise inquiry websites of Ronald Reagan Washington National Air- port and Dulles International Airport. ‘‘(b) NATIONAL CAPITAL REGION.—In this section, the term ‘National Capital Region’ has the meaning given such term in section 2674(f)(2) of title 10, United States Code.’’ ADDRESSING COMMUNITY NOISE CONCERNS Pub. L. 115–254, div. B, title I, § 175, Oct. 5, 2018, 132 Stat. 3228, provided that: ‘‘When proposing a new area navigation departure procedure, or amending an exist- ing procedure that would direct aircraft between the surface and 6,000 feet above ground level over noise sen- sitive areas, the Administrator of the Federal Aviation Administration shall consider the feasibility of dis- persal headings or other lateral track variations to ad- dress community noise concerns, if— ‘‘(1) the affected airport operator, in consultation with the affected community, submits a request to the Administrator for such a consideration; ‘‘(2) the airport operator’s request would not, in the judgment of the Administrator, conflict with the safe and efficient operation of the national airspace sys- tem; and ‘‘(3) the effect of a modified departure procedure would not significantly increase noise over noise sen- sitive areas, as determined by the Administrator.’’ Page 1691 TITLE 49—TRANSPORTATION § 47503 AVIATION NOISE COMPLAINTS Pub. L. 112–95, title V, § 510, Feb. 14, 2012, 126 Stat. 107, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], each owner or op- erator of a large hub airport (as defined in section 40102(a) of title 49, United States Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the air- port.’’ AIRPORT NOISE STUDY Pub. L. 106–181, title VII, § 745, Apr. 5, 2000, 114 Stat. 178, as amended by Pub. L. 106–528, § 7(a), Nov. 22, 2000, 114 Stat. 2521, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall enter into an agreement with the National Acad- emy of Sciences to conduct a study on airport noise in the United States. ‘‘(b) CONTENTS OF STUDY.—In conducting the study, the National Academy of Sciences shall examine— ‘‘(1) the threshold of noise at which health begins to be affected; ‘‘(2) the effectiveness of noise abatement programs at airports located in the United States; ‘‘(3) the impacts of aircraft noise on communities, including schools; and ‘‘(4) the noise assessment practices of the Federal Aviation Administration and whether such practices fairly and accurately reflect the burden of noise on communities. ‘‘(c) REPORT.—Not later than 18 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon re- ceipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Con- gress. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated such sums as may be nec- essary to carry out this section.’’ NONMILITARY HELICOPTER NOISE Pub. L. 106–181, title VII, § 747, Apr. 5, 2000, 114 Stat. 179, required the Secretary of Transportation to con- duct a study on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United States and develop recommenda- tions for the reduction of the effects of nonmilitary helicopter noise, focusing on air traffic control proce- dures to address helicopter noise problems and the needs of law enforcement, considering the views of rep- resentatives of the helicopter industry, and report to Congress a report on the study not later than 1 year after Apr. 5, 2000. § 47502. Noise measurement and exposure sys- tems and identifying land use compatible with noise exposure After consultation with the Administrator of the Environmental Protection Agency and United States Government, State, and inter- state agencies that the Secretary of Transpor- tation considers appropriate, the Secretary shall by regulation— (1) establish a single system of measuring noise that— (A) has a highly reliable relationship be- tween 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 inten- sity, duration, frequency, and time of occur- rence; and (3) identify land uses normally compatible with various exposures of individuals to noise. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1284.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47502 .......... 49 App.:2102. Feb. 18, 1980, Pub. L. 96–193, § 102, 94 Stat. 50. In this section, before clause (1), the words ‘‘Not later than the last day of the twelfth month which begins after February 18, 1980’’ are omitted as obsolete. § 47503. Noise exposure maps (a) SUBMISSION AND PREPARATION.—An airport operator may submit to the Secretary of Trans- portation 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 a forecast period that is at least 5 years in the future 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.— (1) IN GENERAL.—An airport operator that submits a noise exposure map under sub- section (a) shall submit a revised map to the Secretary if, in an area surrounding an air- port, a change in the operation of the airport would establish a substantial new noncompat- ible use, or would significantly reduce noise over existing noncompatible uses, that is not reflected in either the existing conditions map or forecast map currently on file with the Fed- eral Aviation Administration. (2) TIMING.—A submission under paragraph (1) shall be required only if the relevant change in the operation of the airport occurs during— (A) the forecast period of the applicable noise exposure map submitted by an airport operator under subsection (a); or (B) the implementation period of the air- port operator’s noise compatibility program. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1284; Pub. L. 108–176, title III, § 324, Dec. 12, 2003, 117 Stat. 2542; Pub. L. 115–254, div. B, title I, § 174, Oct. 5, 2018, 132 Stat. 3228.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47503(a) ...... 49 App.:2103(a)(1). Feb. 18, 1980, Pub. L. 96–193, § 103(a), 94 Stat. 50. 47503(b) ...... 49 App.:2103(a)(2). In subsection (a), before clause (1), the words ‘‘After the effective date of the regulations promulgated in ac- cordance with section 2102 of this Appendix’’ are omit- ted as executed. The words ‘‘of an airport’’ and ‘‘at such airport’’ are omitted as surplus. The word ‘‘how’’ is substituted for ‘‘the ways, if any, in which’’ to elimi- nate unnecessary words. In clause (1), the words ‘‘plan- ning authorities’’ are substituted for ‘‘planning agen- cies’’ for consistency.