
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47524]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                           CHAPTER 475--NOISE
 
              SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
 
Sec. 47524. Airport noise and access restriction review program

    (a) General Requirements.--The national aviation noise policy 
established under section 47523 of this title shall provide for 
establishing by regulation a national program for reviewing airport 
noise and access restrictions on the operation of stage 2 and stage 3 
aircraft. The program shall provide for adequate public notice and 
opportunity for comment on the restrictions.
    (b) Stage 2 Aircraft.--Except as provided in subsection (d) of this 
section, an airport noise or access restriction may include a 
restriction on the operation of stage 2 aircraft proposed after October 
1, 1990, only if the airport operator publishes the proposed restriction 
and prepares and makes available for public comment at least 180 days 
before the effective date of the proposed restriction--
        (1) an analysis of the anticipated or actual costs and benefits 
    of the existing or proposed restriction;
        (2) a description of alternative restrictions;
        (3) a description of the alternative measures considered that do 
    not involve aircraft restrictions; and
        (4) a comparison of the costs and benefits of the alternative 
    measures to the costs and benefits of the proposed restriction.

    (c) Stage 3 Aircraft.--(1) Except as provided in subsection (d) of 
this section, an airport noise or access restriction on the operation of 
stage 3 aircraft not in effect on October 1, 1990, may become effective 
only if the restriction has been agreed to by the airport proprietor and 
all aircraft operators or has been submitted to and approved by the 
Secretary of Transportation after an airport or aircraft operator's 
request for approval as provided by the program established under this 
section. Restrictions to which this paragraph applies include--
        (A) a restriction on noise levels generated on either a single 
    event or cumulative basis;
        (B) a restriction on the total number of stage 3 aircraft 
    operations;
        (C) a noise budget or noise allocation program that would 
    include stage 3 aircraft;
        (D) a restriction on hours of operations; and
        (E) any other restriction on stage 3 aircraft.

    (2) Not later than 180 days after the Secretary receives an airport 
or aircraft operator's request for approval of an airport noise or 
access restriction on the operation of a stage 3 aircraft, the Secretary 
shall approve or disapprove the restriction. The Secretary may approve 
the restriction only if the Secretary finds on the basis of substantial 
evidence that--
        (A) the restriction is reasonable, nonarbitrary, and 
    nondiscriminatory;
        (B) the restriction does not create an unreasonable burden on 
    interstate or foreign commerce;
        (C) the restriction is not inconsistent with maintaining the 
    safe and efficient use of the navigable airspace;
        (D) the restriction does not conflict with a law or regulation 
    of the United States;
        (E) an adequate opportunity has been provided for public comment 
    on the restriction; and
        (F) the restriction does not create an unreasonable burden on 
    the national aviation system.

    (3) Paragraphs (1) and (2) of this subsection do not apply if the 
Administrator of the Federal Aviation Administration, before November 5, 
1990, has formed a working group (outside the process established by 
part 150 of title 14, Code of Federal Regulations) with a local airport 
operator to examine the noise impact of air traffic control procedure 
changes at the airport. However, if an agreement on noise reductions at 
that airport is made between the airport proprietor and one or more air 
carriers or foreign air carriers that constitute a majority of the 
carrier use of the airport, this paragraph applies only to a local 
action to enforce the agreement.
    (4) The Secretary may reevaluate an airport noise or access 
restriction previously agreed to or approved under this subsection on 
request of an aircraft operator able to demonstrate to the satisfaction 
of the Secretary that there has been a change in the noise environment 
of the affected airport that justifies a reevaluation. The Secretary 
shall establish by regulation procedures for conducting a reevaluation. 
A reevaluation--
        (A) shall be based on the criteria in paragraph (2) of this 
    subsection; and
        (B) may be conducted only after 2 years after a decision under 
    paragraph (2) of this subsection has been made.

    (d) Nonapplication.--Subsections (b) and (c) of this section do not 
apply to--
        (1) a local action to enforce a negotiated or executed airport 
    noise or access agreement between the airport operator and the 
    aircraft operators in effect on November 5, 1990;
        (2) a local action to enforce a negotiated or executed airport 
    noise or access restriction agreed to by the airport operator and 
    the aircraft operators before November 5, 1990;
        (3) an intergovernmental agreement including an airport noise or 
    access restriction in effect on November 5, 1990;
        (4) a subsequent amendment to an airport noise or access 
    agreement or restriction in effect on November 5, 1990, that does 
    not reduce or limit aircraft operations or affect aircraft safety;
        (5)(A) an airport noise or access restriction adopted by an 
    airport operator not later than October 1, 1990, and stayed as of 
    October 1, 1990, by a court order or as a result of litigation, if 
    any part of the restriction is subsequently allowed by a court to 
    take effect; or
        (B) a new restriction imposed by an airport operator to replace 
    any part of a restriction described in subclause (A) of this clause 
    that is disallowed by a court, if the new restriction would not 
    prohibit aircraft operations in effect on November 5, 1990; or
        (6) a local action that represents the adoption of the final 
    part of a program of a staged airport noise or access restriction if 
    the initial part of the program was adopted during 1988 and was in 
    effect on November 5, 1990.

    (e) Grant Limitations.--Beginning on the 91st day after the 
Secretary prescribes a regulation under subsection (a) of this section, 
a sponsor of a facility operating under an airport noise or access 
restriction on the operation of stage 3 aircraft that first became 
effective after October 1, 1990, is eligible for a grant under section 
47104 of this title and is eligible to impose a passenger facility fee 
under section 40117 of this title only if the restriction has been--
        (1) agreed to by the airport proprietor and aircraft operators;
        (2) approved by the Secretary as required by subsection (c)(1) 
    of this section; or
        (3) rescinded.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1288.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47524(a)..............................  49 App.:2153(a)(1).              Nov. 5
, 1990, Pub. L. 101-508, Sec.
                                                                          9304(
a)(1)- (2)(C), (3)-(g), 104 Stat.
                                                                          1388-
379.
47524(b)..............................  49 App.:2153(a)(2)(A), (c).
47524(c)(1)...........................  49 App.:2153(a)(2)(B), (b).
47524(c)(2)...........................  49 App.:2153(d).
47524(c)(3)...........................  49 App.:2153(a)(2)(D).           Nov. 5
, 1990, Pub. L. 101-508, Sec.
                                                                          9304(
a)(2)(D), 104 Stat. 1388-380;
                                                                          Oct. 
31, 1992, Pub. L. 102-581, Sec.
                                                                          136(a
), 106 Stat. 4889.
47524(c)(4)...........................  49 App.:2153(f), (g).
47524(d)..............................  49 App.:2153(a)(2)(C).
47524(e)..............................  49 App.:2153(e).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``shall provide for establishing'' are 
substituted for ``shall require the establishment . . . of'' as being 
more appropriate. The words ``in accordance with the provisions of this 
section'' are omitted as surplus.
    In subsection (b), the words ``proposed after October 1, 1990'' are 
substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary words.
    In subsection (c)(1), before clause (A), the words ``not in effect 
on October 1, 1990'' are substituted for 49 App.:2153(a)(2)(B) to 
eliminate unnecessary words. In clause (B), the words ``direct or 
indirect'' are omitted as surplus.
    In subsection (c)(2)(A)-(D) and (F), the word ``proposed'' is 
omitted as surplus. In clause (D), the word ``existing'' is omitted as 
surplus.
    In subsection (c)(4), the words ``that justifies a reevaluation'' 
are substituted for ``and that a review and reevaluation . . . of the 
previously approved or agreed to noise restriction is therefore 
justified'' to eliminate unnecessary words.
    In subsection (d)(6), the words ``calendar year'' are omitted as 
surplus.

                  Section Referred to in Other Sections

    This section is referred to in sections 47525, 47533 of this title.
