49 U.S.C. § 47509 — Research program on quiet aircraft tech-

Page 1696 TITLE 49—TRANSPORTATION § 47509 (b) COMPLIANCE AT PHASED RATE.—The Sec- retary 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1287.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47508(a) ...... 49 App.:2122(a) (1st sentence words before last comma, last sen- tence). Feb. 18, 1980, Pub. L. 96–193, § 302(a), 94 Stat. 56. 47508(b) ...... 49 App.:2122(a) (1st sentence words after last comma). 47508(c) ...... 49 App.:2122(a) (2d sentence). In this section, the word ‘‘providing’’ is substituted for ‘‘engaging in’’ for consistency in the revised title. In subsection (a), the words ‘‘acting through the Ad- ministrator’’ and ‘‘acting through the Administrator of the Federal Aviation Administration (14 CFR part 36)’’ are omitted for consistency. Section 6(c)(1) of the De- partment of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Fed- eral Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Admin- istrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). Before clause (1), the words ‘‘If, by January 1, 1980, the International Civil Aviation Organization (hereafter re- ferred to as ‘ICAO’) does not reach an agreement’’ and ‘‘commence a rulemaking to’’ and 49 App.:2122(a) (last sentence) are omitted as executed. In clause (1), the words ‘‘as such regulations were’’ are omitted as sur- plus. In clause (2), the words ‘‘on noise standards and an international schedule’’ and ‘‘(annex 16)’’ are omit- ted as surplus. The words ‘‘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’’ are substituted for ‘‘set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91) during the 5-year period thereafter’’ for clarity and consist- ency. In subsection (b), the words ‘‘in effect’’ are omitted as surplus. Statutory Notes and Related Subsidiaries IMPLEMENTATION OF CHAPTER 4 NOISE STANDARDS Pub. L. 108–176, title III, § 325, Dec. 12, 2003, 117 Stat. 2542, provided that: ‘‘Not later than April 1, 2005, the Secretary of Transportation shall issue final regula- tions to implement Chapter 4 noise standards, con- sistent with the recommendations adopted by the International Civil Aviation Organization.’’ STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE LEVELS Pub. L. 106–181, title VII, § 726, Apr. 5, 2000, 114 Stat. 167, as amended by Pub. L. 113–188, title XV, § 1501(f), Nov. 26, 2014, 128 Stat. 2025, provided that: ‘‘(a) DEVELOPMENT OF NEW STANDARDS.—The Sec- retary [of Transportation] shall continue to work to de- velop through the International Civil Aviation Organi- zation new performance standards for aircraft and air- craft engines that will lead to a further reduction in aircraft noise levels. ‘‘(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STANDARDS.—In negotiating standards under subsection (a), the Secretary shall give high priority to developing standards that— ‘‘(1) are performance based and can be achieved by use of a full range of certifiable noise reduction tech- nologies; ‘‘(2) protect the useful economic value of existing Stage 3 aircraft in the United States fleet; ‘‘(3) ensure that United States air carriers and air- craft engine and hushkit manufacturers are not com- petitively disadvantaged; ‘‘(4) use dynamic economic modeling capable of de- termining impacts on all aircraft in service in the United States fleet; and ‘‘(5) continue the use of a balanced approach to ad- dress aircraft environmental issues, taking into ac- count aircraft technology, land use planning, eco- nomic feasibility, and airspace operational improve- ments.’’ AIRCRAFT NOISE RESEARCH PROGRAM Pub. L. 102–581, title III, § 304, Oct. 31, 1992, 106 Stat. 4896, as amended by Pub. L. 109–155, title VII, § 706(b), Dec. 30, 2005, 119 Stat. 2937, provided that: ‘‘(a) ESTABLISHMENT.—The Administrator of the Fed- eral Aviation Administration and the Administrator of the National Aeronautics and Space Administration shall jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft en- gines and airframes. ‘‘(b) GOAL.—The goal of the research program estab- lished by subsection (a) is to develop by the year 2010 technologies for subsonic jet aircraft engines and air- frames which would permit a subsonic jet aircraft to operate at reduced noise levels. ‘‘(c) PARTICIPATION.—In carrying out the program es- tablished by subsection (a), the Administrator of the Federal Aviation Administration and the Adminis- trator of the National Aeronautics and Space Adminis- tration shall encourage the participation of representa- tives of the aviation industry and academia. ‘‘(d) REPORT TO CONGRESS.—The Administrator of the Federal Aviation Administration and the Adminis- trator of the National Aeronautics and Space Adminis- tration shall jointly submit to Congress, on an annual basis during the term of the program established by subsection (a), a report on the progress being made under the program toward meeting the goal described in subsection (b).’’ § 47509. Research program on quiet aircraft tech- nology for propeller and rotor driven air- craft (a) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration and the Ad- ministrator of the National Aeronautics and Space Administration shall conduct a study to identify technologies for noise reduction of pro- peller 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 re- search 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 Page 1697 TITLE 49—TRANSPORTATION § 47521 Space Administration shall encourage the par- ticipation of the Department of Defense, the De- partment of the Interior, the airtour industry, the aviation industry, academia and other ap- propriate groups. (d) REPORT.—Not less than 280 days after Au- gust 23, 1994, the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Adminis- tration shall transmit to Congress a report on the results of the study required under sub- section (a). (e) RESEARCH AND DEVELOPMENT PROGRAM.—If the Administrator of the Federal Aviation Ad- ministration and the Administrator of the Na- tional Aeronautics and Space Administration determine that additional research and develop- ment is necessary and would substantially con- tribute 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 de- velop safe, effective, and economical noise re- duction technology (including technology that can be applied to existing propeller driven air- craft and rotorcraft) that would result in air- craft that operate at substantially reduced lev- els of noise to reduce the impact of such aircraft and rotorcraft on the resources of national parks and other areas. (Added Pub. L. 103–305, title III, § 308(a), Aug. 23, 1994, 108 Stat. 1593; amended Pub. L. 104–287, § 5(86), Oct. 11, 1996, 110 Stat. 3398.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘August 23, 1994’’ for ‘‘the date of the enactment of this sec- tion’’. § 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. (Added Pub. L. 103–429, § 6(72)(A), Oct. 31, 1994, 108 Stat. 4387.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47510 .......... 49 App.:2125. Feb. 18, 1980, Pub. L. 96–193, § 305, 94 Stat. 57. The word ‘‘prescribed’’ is added for consistency in the revised title and with other titles of the United States Code. The words ‘‘subpart I of part 91’’ are substituted for ‘‘subpart E of part 91’’ because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989). § 47511. CLEEN engine and airframe technology partnership (a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall enter into a cost-sharing cooperative agreement, using a competitive process, with institutions, entities, or consortiums to carry out a program for the development, maturation, and testing of certifiable CLEEN aircraft, engine technologies, and jet fuels for civil airplanes. (b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY DEFINED.—In this section, the term ‘‘CLEEN air- craft and engine technology’’ means continuous lower energy, emissions, and noise aircraft and engine technology. (c) PERFORMANCE OBJECTIVE.—The Adminis- trator shall establish the performance objectives for the program in terms of the specific objec- tives to reduce fuel burn, emissions and noise. (d) SELECTION.—In carrying out the program, the Administrator may provide that not less than 2 of the cooperative agreements entered into under this section involve the participation of an entity that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), provided that the submitted technology proposal of the entity meets, at a minimum, FAA Acquisition Management Sys- tem requirements and requisite technology readiness levels for entry into the agreement, as determined by the Administrator. (Added Pub. L. 115–254, div. B, title VII, § 743(a), Oct. 5, 2018, 132 Stat. 3413; amended Pub. L. 118–63, title X, § 1008, May 16, 2024, 138 Stat. 1389.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63, § 1008(1), struck out ‘‘subsonic’’ after ‘‘fuels for civil’’. Subsec. (d). Pub. L. 118–63, § 1008(2), added subsec. (d). SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY § 47521. Findings Congress finds that— (1) aviation noise management is crucial to the continued increase in airport capacity; (2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system; (3) a noise policy must be carried out at the national level; (4) local interest in aviation noise manage- ment shall be considered in determining the national interest; (5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those avail- able from passenger facility charges, for noise management; (6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system; (7) revenues derived from a passenger facil- ity charge may be applied to noise manage- ment and increased airport capacity; and (8) a precondition to the establishment and collection of a passenger facility charge is the prescribing by the Secretary of Transpor- tation of a regulation establishing procedures for reviewing airport noise and access restric- tions on operations of stage 2 and stage 3 air- craft. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1287; Pub. L. 112–95, title I, § 111(c)(2)(A)(vi), (B), Feb. 14, 2012, 126 Stat. 18.)