49 U.S.C. § 47503 — Noise exposure maps

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. Page 1692 TITLE 49—TRANSPORTATION § 47504 In subsection (b), the words ‘‘to the Secretary’’ are added for clarity. The words ‘‘after the submission to the Secretary of a noise exposure map under paragraph (1)’’ are omitted as surplus. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘If, in an area surrounding an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce noise over existing noncompatible uses, that is not re- flected in either the existing conditions map or fore- cast map currently on file with the Federal Aviation Administration, the airport operator shall submit a re- vised noise exposure map to the Secretary showing the new noncompatible use or noise reduction.’’ 2003—Subsec. (a). Pub. L. 108–176, § 324(1), substituted ‘‘a forecast period that is at least 5 years in the future’’ for ‘‘1985,’’ in introductory provisions. Subsec. (b). Pub. L. 108–176, § 324(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘If a change in the operation of an airport will establish a substantial new noncompat- ible 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. NOISE DISCLOSURE Pub. L. 108–176, title III, § 322, Dec. 12, 2003, 117 Stat. 2540, provided that: ‘‘(a) NOISE DISCLOSURE SYSTEM IMPLEMENTATION STUDY.—The Administrator of the Federal Aviation Ad- ministration shall conduct a study to determine the feasibility of developing a program under which pro- spective home buyers of property located in the vicin- ity of an airport could be notified of information de- rived from noise exposure maps that may affect the use and enjoyment of the property. The study shall assess the scope, administration, usefulness, and burdensome- ness of any such program, the costs and benefits of such a program, and whether participation in such a pro- gram should be voluntary or mandatory. ‘‘(b) PUBLIC AVAILABILITY OF NOISE EXPOSURE MAPS.— The Administrator shall make noise exposure and land use information from noise exposure maps available to the public via the Internet on its website in an appro- priate format. ‘‘(c) NOISE EXPOSURE MAP.—In this section, the term ‘noise exposure map’ means a noise exposure map pre- pared under section 47503 of title 49, United States Code.’’ § 47504. Noise compatibility programs (a) SUBMISSIONS.—(1) An airport operator that submitted a noise exposure map and related in- formation 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 offi- cials having local responsibility for the air- port, 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 intro- ducing additional noncompatible uses in the area covered by the map. The measures may in- clude— (A) establishing a preferential runway sys- tem; (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 op- eration of aircraft to reduce exposure of indi- viduals to noise in the area surrounding the airport; and (E) acquiring land, air rights, easements, de- velopment rights, and other interests to en- sure that the property will be used in ways compatible with airport operations. (b) APPROVALS.—(1) The Secretary shall ap- prove or disapprove a program submitted under subsection (a) of this section (except as the pro- gram 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 pro- gram 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 non- compatible 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 re- lated to flight procedures referred to in sub- section (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 Ad- ministrator of the Federal Aviation Administra- tion. The Administrator shall approve or dis- approve that part of the program. (4) The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under sec- tion 48103 for mitigation of aircraft noise less than 65 DNL. (c) GRANTS.—(1) The Secretary may incur obli- gations 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 pro- gram; and (B) a unit of local government in the area surrounding the airport, if the Secretary de- cides the unit is able to carry out the project. (2) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDENTIAL BUILDINGS AND PROPERTIES.—The