
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 154]
[CITE: 49USC47504]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                           CHAPTER 475--NOISE
 
                      SUBCHAPTER I--NOISE ABATEMENT
 
Sec. 47504. Noise compatibility programs

    (a) Submissions.--(1) An airport operator that submitted a noise 
exposure map and related information 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 officials 
    having local responsibility for the airport, 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 introducing additional 
noncompatible uses in the area covered by the map. The measures may 
include--
        (A) establishing a preferential runway system;
        (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 operation of aircraft 
    to reduce exposure of individuals to noise in the area surrounding 
    the airport; and
        (E) acquiring land, air rights, easements, development rights, 
    and other interests to ensure that the property will be used in ways 
    compatible with airport operations.

    (b) Approvals.--(1) The Secretary shall approve or disapprove a 
program submitted under subsection (a) of this section (except as the 
program 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 program 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 
    noncompatible 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 related to flight procedures 
referred to in subsection (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 Administrator of the Federal Aviation Administration. The 
Administrator shall approve or disapprove that part of the program.
    (c) Grants.--(1) The Secretary may incur obligations 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 program; and
        (B) a unit of local government in the area surrounding the 
    airport, if the Secretary decides the unit is able to carry out the 
    project.

    (2) Soundproofing and acquisition of certain residential buildings 
and properties.--The Secretary may incur obligations to make grants from 
amounts made available under section 48103 of this title--
        (A) for projects to soundproof residential buildings--
            (i) if the airport operator received approval for a grant 
        for a project to soundproof residential buildings pursuant to 
        section 301(d)(4)(B) of the Airport and Airway Safety and 
        Capacity Expansion Act of 1987;
            (ii) if the airport operator submits updated noise exposure 
        contours, as required by the Secretary; and
            (iii) if the Secretary determines that the proposed projects 
        are compatible with the purposes of this chapter;

        (B) to an airport operator and unit of local government referred 
    to in paragraph (1)(A) or (1)(B) of this subsection to soundproof 
    residential buildings located on residential properties, and to 
    acquire residential properties, at which noise levels are not 
    compatible with normal operations of an airport--
            (i) if the airport operator amended an existing local 
        aircraft noise regulation during calendar year 1993 to increase 
        the maximum permitted noise levels for scheduled air carrier 
        aircraft as a direct result of implementation of revised 
        aircraft noise departure procedures mandated for aircraft safety 
        purposes by the Administrator of the Federal Aviation 
        Administration for standardized application at airports served 
        by scheduled air carriers;
            (ii) if the airport operator submits updated noise exposure 
        contours, as required by the Secretary; and
            (iii) if the Secretary determines that the proposed projects 
        are compatible with the purposes of this chapter;

        (C) to an airport operator and unit of local government referred 
    to in paragraph (1)(A) or (1)(B) of this subsection to carry out any 
    part of a program developed before February 18, 1980, or before 
    implementing regulations were prescribed, if the Secretary decides 
    the program is substantially consistent with reducing existing 
    noncompatible uses and preventing the introduction of additional 
    noncompatible uses and the purposes of this chapter will be 
    furthered by promptly carrying out the program; and
        (D) to an airport operator and unit of local government referred 
    to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a 
    building in the noise impact area surrounding the airport that is 
    used primarily for educational or medical purposes and that the 
    Secretary decides is adversely affected by airport noise.

    (3) An airport operator may agree to make a grant made under 
paragraph (1)(A) of this subsection available to a public agency in the 
area surrounding the airport if the Secretary decides the agency is able 
to carry out the project.
    (4) The Government's share of a project for which a grant is made 
under this subsection is the greater of--
        (A) 80 percent of the cost of the project; or
        (B) the Government's share that would apply if the amounts 
    available for the project were made available under subchapter I of 
    chapter 471 of this title for a project at the airport.

    (5) The provisions of subchapter I of chapter 471 of this title 
related to grants apply to a grant made under this chapter, except--
        (A) section 47109(a) and (b) of this title; and
        (B) any provision that the Secretary decides is inconsistent 
    with, or unnecessary to carry out, this chapter.

    (d) Government Relief From Liability.--The Government is not liable 
for damages from aviation noise because of action taken under this 
section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1285; Pub. L. 103-
305, title I, Sec. 119, Aug. 23, 1994, 108 Stat. 1580; Pub. L. 103-429, 
Sec. 6(71), Oct. 31, 1994, 108 Stat. 4387.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47504(a)..............................  49 App.:2104(a).                 Feb. 1
8, 1980, Pub. L. 96-193, Sec.
                                                                          104(a
), 94 Stat. 51; Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Sec.  301(a), 101
                                                                          Stat.
 1523.
47504(b)..............................  49 App.:2104(b).                 Feb. 1
8, 1980, Pub. L. 96-193, Sec.
                                                                          104(b
), (d), 94 Stat. 52, 53.
47504(c)..............................  49 App.:2104(c).                 Feb. 1
8, 1980, Pub. L. 96-193, Sec.
                                                                          104(c
), 94 Stat. 52; Sept. 3, 1982,
                                                                          Pub. 
L. 97-248, Sec.  524(b)(4), 96
                                                                          Stat.
 696; Dec. 30, 1987, Pub. L. 100-
                                                                          223, 
Sec.  301(b), (c), 101 Stat.
                                                                          1523;
 Oct. 28, 1991, Pub. L. 102-143,
                                                                          Sec. 
 336, 105 Stat. 947.
47504(d)..............................  49 App.:2104(d).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1)(A), the words ``the officials of'' are omitted 
as surplus. The words ``planning authorities'' are substituted for 
``planning agencies'' for consistency.
    In subsection (a)(2)(A), the word ``establishing'' is substituted 
for ``the implementation of'' for consistency.
    In subsection (a)(2)(B), the words ``the implementation of'' are 
omitted as surplus.
    In subsection (b)(1), before clause (A), the words ``to him'' and 
``the measures to be undertaken in carrying out'' are omitted as 
surplus. In clause (B), the word ``achieving'' is substituted for 
``obtaining'' for clarity. The word ``existing'' is omitted as surplus.
    Subsection (b)(2) is substituted for 49 App.:2104(b) (3d sentence) 
to eliminate unnecessary words.
    In subsection (c)(1)(B) and (2), the words ``for which grant 
applications are made in accordance with such noise compatibility 
programs'' are omitted as surplus.
    In subsection (c)(1), before clause (A), the words ``incur 
obligations to'' and ``further . . . under this section'' are omitted as 
surplus. In clause (C), the words ``to carry out any part of a program'' 
are substituted for ``any project to carry out a noise compatibility 
program'', and the words ``or before implementing regulations were 
prescribed'' are substituted for ``or the promulgation of its 
implementing regulations'', for clarity and consistency. The words ``the 
purposes of'' before ``reducing'' are omitted as surplus. The word 
``noncompatible'' is added after ``existing'' for clarity and 
consistency. In clause (D), the words ``for any project'' and 
``determined to be'' are omitted as surplus.
    In subsection (c)(2), the words ``in turn'' are omitted as surplus.
    In subsection (c)(4), before clause (A), the words ``All of'' and 
``made under section 505 of that Act'' are omitted as surplus. The word 
``except'' is substituted for ``unless'' for clarity. In clause (1), the 
words ``relating to United States share of project costs'' are omitted 
as surplus. In clause (2), the words ``the purposes of'' are omitted as 
surplus.
    In subsection (d), the words ``by the Secretary or the Administrator 
of the Federal Aviation Administration'' are omitted as surplus.


                             Pub. L. 103-429

    This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and 
(D) because the subject matter is similar to that of 49:47504(c)(2)(A) 
and (B) that was added by section 119(2) of the Federal Aviation 
Administration Authorization Act of 1994 (Public Law 103-305, 108 Stat. 
1580).

                       References in Text

    Section 301(d)(4)(B) of the Airport and Airway Safety and Capacity 
Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section 
301(d)(4)(B) of Pub. L. 100-223, which was set out as a note under 
section 2104 of former Title 49, Transportation, prior to repeal by Pub. 
L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.


                               Amendments

    1994--Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(71)(A), inserted 
``and'' after semicolon at end.
    Subsec. (c)(1)(B). Pub. L. 103-429, Sec. 6(71)(B), substituted a 
period for semicolon at end.
    Subsec. (c)(1)(C), (D). Pub. L. 103-429, Sec. 6(71)(C), redesignated 
par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
    Subsec. (c)(2). Pub. L. 103-305, Sec. 119(2), added par. (2). Former 
par. (2) redesignated (3).
    Subsec. (c)(2)(A)(iii). Pub. L. 103-429, Sec. 6(71)(D), struck out 
``and'' after semicolon at end.
    Subsec. (c)(2)(B)(iii). Pub. L. 103-429, Sec. 6(71)(E), substituted 
a semicolon for period at end.
    Subsec. (c)(2)(C), (D). Pub. L. 103-429, Sec. 6(71)(F), substituted 
``to an airport operator and unit of local government referred to in 
paragraph (1)(A) or (1)(B) of this subsection'' for ``an airport 
operator or unit of local government referred to in clause (A) or (B) of 
this paragraph''.
    Pub. L. 103-429, Sec. 6(71)(C), redesignated par. (1)(C) as (2)(C) 
and (1)(D) as (2)(D).
    Subsec. (c)(3). Pub. L. 103-305, Sec. 119(1), redesignated par. (2) 
as (3). Former par. (3) redesignated (4).
    Subsec. (c)(4). Pub. L. 103-305, Sec. 119(3), struck out ``paragraph 
(1) of'' before ``this subsection'' in introductory provisions.
    Pub. L. 103-305, Sec. 119(1), redesignated par. (3) as (4). Former 
par. (4) redesignated (5).
    Subsec. (c)(5). Pub. L. 103-305, Sec. 119(1), redesignated par. (4) 
as (5).

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 40117, 47117, 47505, 
48103 of this title.
