
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 503(b)]
[Document affected by Public Law 106-181 Section 503(a)]
[CITE: 49USC44718]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44718. Structures interfering with air commerce

    (a) Notice.--By regulation or by order when necessary, the Secretary 
of Transportation shall require a person to give adequate public notice, 
in the form and way the Secretary prescribes, of the construction, 
alteration, establishment, or expansion, or the proposed construction, 
alteration, establishment, or expansion, of a structure or sanitary 
landfill when the notice will promote--
        (1) safety in air commerce; and
        (2) the efficient use and preservation of the navigable airspace 
    and of airport traffic capacity at public-use airports.

    (b) Studies.--(1) Under regulations prescribed by the Secretary, if 
the Secretary decides that constructing or altering a structure may 
result in an obstruction of the navigable airspace or an interference 
with air navigation facilities and equipment or the navigable airspace, 
the Secretary shall conduct an aeronautical study to decide the extent 
of any adverse impact on the safe and efficient use of the airspace, 
facilities, or equipment. In conducting the study, the Secretary shall 
consider factors relevant to the efficient and effective use of the 
navigable airspace, including--
        (A) the impact on arrival, departure, and en route procedures 
    for aircraft operating under visual flight rules;
        (B) the impact on arrival, departure, and en route procedures 
    for aircraft operating under instrument flight rules;
        (C) the impact on existing public-use airports and aeronautical 
    facilities;
        (D) the impact on planned public-use airports and aeronautical 
    facilities; and
        (E) the cumulative impact resulting from the proposed 
    construction or alteration of a structure when combined with the 
    impact of other existing or proposed structures.

    (2) On completing the study, the Secretary shall issue a report 
disclosing completely the extent of the adverse impact on the safe and 
efficient use of the navigable airspace that the Secretary finds will 
result from constructing or altering the structure.
    (c) Broadcast Applications and Tower Studies.--In carrying out laws 
related to a broadcast application and conducting an aeronautical study 
related to broadcast towers, the Administrator of the Federal Aviation 
Administration and the Federal Communications Commission shall take 
action necessary to coordinate efficiently--
        (1) the receipt and consideration of, and action on, the 
    application; and
        (2) the completion of any associated aeronautical study.

    (d) Landfills.--For the purposes of enhancing aviation safety, in a 
case in which 2 landfills have been proposed to be constructed or 
established within 6 miles of a commercial service airport with fewer 
than 50,000 enplanements per year, no person shall construct or 
establish either landfill if an official of the Federal Aviation 
Administration has stated in writing within the 3-year period ending on 
the date of the enactment of this subsection that 1 of the landfills 
would be incompatible with aircraft operations at the airport, unless 
the landfill is already active on such date of enactment or the airport 
operator agrees to the construction or establishment of the landfill.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1200; Pub. L. 104-
264, title XII, Sec. 1220(a), Oct. 9, 1996, 110 Stat. 3286.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
44718(a)..............................  49 App.:1501(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1101,
 72 Stat. 797; restated Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  206 (less
                                                                          (b)),
 101 Stat. 1521; Oct. 31, 1992,
                                                                          Pub. 
L. 102-581, Sec.  203(a), 106
                                                                          Stat.
 4890.
44718(b)..............................  49 App.:1501(b).
44718(c)..............................  49 App.:1501(c).
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---------------------------------

    In subsection (a), before clause (1), the words ``(hereinafter in 
this section referred to as the `Secretary')'' and ``where necessary'' 
are omitted as surplus.
    In subsection (b)(1), before clause (A), the word ``thoroughly'' is 
omitted as surplus.

                       References in Text

    The date of the enactment of this subsection, referred to in subsec. 
(d), is the date of enactment of Pub. L. 104-264, which was approved 
Oct. 9, 1996.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-264 added subsec. (d).


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 46301, 46316 of this 
title.
