49 U.S.C. § 47506 — Limitations on recovering damages for

Page 1695 TITLE 49—TRANSPORTATION § 47508 Pub. L. 103–305, § 119(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 103–305, § 119(1), redesignated par. (4) as (5). 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. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. § 47505. Airport noise compatibility planning grants (a) GENERAL AUTHORITY.—The Secretary of Transportation may make a grant to a sponsor of an airport to develop, for planning purposes, information necessary to prepare and submit— (1) a noise exposure map and related infor- mation under section 47503 of this title, in- cluding the cost of obtaining the information; or (2) a noise compatibility program under sec- tion 47504 of this title. (b) AVAILABILITY OF AMOUNTS AND GOVERN- MENT’S SHARE OF COSTS.—A grant under sub- section (a) of this section may be made from amounts available under section 48103 of this title. The United States Government’s share of the grant is the percent for which a project for airport development at an airport would be eli- gible under section 47109(a) and (b) of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1286.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47505 .......... 49 App.:2103(b). Feb. 18, 1980, Pub. L. 96–193, § 103(b), 94 Stat. 51; re- stated Sept. 3, 1982, Pub. L. 97–248, § 524(b)(3), 96 Stat. 696. In subsection (a), before clause (1), the words ‘‘incur obligations to’’ are omitted as surplus. § 47506. Limitations on recovering damages for noise (a) GENERAL LIMITATIONS.—A person acquiring an interest in property after February 18, 1980, in an area surrounding an airport for which a noise exposure map has been submitted under section 47503 of this title and having actual or constructive knowledge of the existence of the map may recover damages for noise attributable to the airport only if, in addition to any other elements for recovery of damages, the person shows that— (1) after acquiring the interest, there was a significant— (A) change in the type or frequency of air- craft operations at the airport; (B) change in the airport layout; (C) change in flight patterns; or (D) increase in nighttime operations; and (2) the damages resulted from the change or increase. (b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the existence of a map under sub- section (a) of this section shall be imputed, at a minimum, to a person if— (1) before the person acquired the interest, notice of the existence of the map was pub- lished at least 3 times in a newspaper of gen- eral circulation in the county in which the property is located; or (2) the person is given a copy of the map when acquiring the interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1286.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47506 .......... 49 App.:2107. Feb. 18, 1980, Pub. L. 96–193, § 107, 94 Stat. 53. In subsection (a)(2), the words ‘‘for which recovery is sought have’’ are omitted as surplus. § 47507. Nonadmissibility of noise exposure map and related information as evidence No part of a noise exposure map or related in- formation described in section 47503 of this title that is submitted to, or prepared by, the Sec- retary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of an airport. (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) 47507 .......... 49 App.:2106. Feb. 18, 1980, Pub. L. 96–193, § 106, 94 Stat. 53. The words ‘‘land uses which are’’ are omitted as sur- plus. The words ‘‘civil action’’ are substituted for ‘‘suit or action’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘damages or other’’ are omitted as surplus. § 47508. Noise standards for air carriers and for- eign air carriers providing foreign air trans- portation (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall require each air carrier and foreign air carrier providing foreign air transportation to comply with noise standards— (1) the Secretary prescribed for new subsonic aircraft in regulations of the Secretary in ef- fect on January 1, 1977; or (2) of the International Civil Aviation Orga- nization that are substantially compatible with standards of the Secretary for new sub- sonic 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.