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For purposes of this subchapter

(1) the term "airport" means any public-use airport (as defined by section 503(17) of the Airport and Airway Improvement Act of 1982) [49 App. U.S.C. 2202(a)(17)];

(2) the term "airport operator" means, in the case of an airport serving air carriers certificated by the Civil Aeronautics Board, any person holding a valid certificate issued pursuant to section 612 of the Federal Aviation Act of 1958 (49 U.S.C. 1432) to operate an airport, and, in the case of any other airport, the person operating such airport; and

(3) the term "Secretary" means the Secretary of Transportation.

(Pub. L. 96-193, title I, § 101, Feb. 18, 1980, 94 Stat. 50; Pub. L. 97-248, title V, § 524(b)(1), (2), Sept. 3, 1982, 96 Stat. 696.)

AMENDMENTS

1982-Par. (1). Pub. L. 97-248, § 524(b)(1), substituted "public-use airport (as defined by section 503(17) of the Airport and Airway Improvement Act of 1982" for "air carrier airport whose projects for airport development are eligible for terminal development costs under section 1720(b) of this Appendix".

Par. (2). Pub. L. 97-248, § 524(b)(2), inserted", in the case of an airport serving air carriers certificated by the Civil Aeronautics Board," following "means" and ", and, in the case of any other airport, the person operating such airport" following "operate an airport",

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97-248, set out as an Ef fective Date note under section 2201 of this Appendix.

SHORT TITLE

Section 1 of Pub. L. 96-193 provided: "That this Act [enacting this chapter and sections 1359 and 1731 of this Appendix, amending sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this Appendix, and enacting provisions set out as a note under section 1348 of this Appendix] may be cited as the 'Aviation Safety and Noise Abatement Act of 1979'."

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by sec tion 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

§ 2102. Establishment of single systems of noise measurement and noise exposure, and identification of land uses compatible with noise exposures; regulations

Not later than the last day of the twelfth month which begins after February 18, 1980, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and such other Federal, State, and interstate agencies as he deems appropriate, shall by regulation

(1) establish a single system of measuring noise, for which there is a highly reliable relationship between projected noise exposure and surveyed reactions of people to noise, to be uniformly applied in measuring the noise at airports and the areas surrounding such airports;

(2) establish a single system for determining the exposure of individuals to noise which results from the operations of an airport and which includes, but is not limited to, noise intensity, duration, frequency, and time of occurrence; and

(3) identify land uses which are normally compatible with various exposures of individ uals to noise.

(Pub. L. 96-193, title I, § 102, Feb. 18, 1980, 94

Stat. 50.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2103, 2105 of this Appendix.

§ 2103. Noise exposure map; preparation, submission, contents, revision, etc.; funds for airport noise compatibility planning

(a)(1) After the effective date of the regulations promulgated in accordance with section 2102 of this Appendix, any airport operator of an airport may submit to the Secretary a noise exposure map, prepared in consultation with any public agencies and planning agencies in the area surrounding such airport, which sets forth, in accordance with the regulations promulgated pursuant to section 2102 of this Appendix, the noncompatible uses in each area of the map, as of the date of submission of such map, a description of the projected aircraft operations at such airport during 1985, and the ways, if any, in which such operations will affect such map.

(2) If, after the submission to the Secretary of a noise exposure map under paragraph (1), any change in the operation of an airport would create any substantial new noncompatible use in any area surrounding such airport, the operator of such airport shall submit a revised noise exposure map showing such new noncompatible use.

(b)(1) The Secretary is authorized to incur obligations to make grants from funds made available under section 505 of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 22041 for airport noise compatibility planning to sponsors of airports. The United States share of any airport noise compatibility planning grant under this section shall be that percent for which a project for airport development at that airport would be eligible under section 510 of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2209].

(2) For purposes of this chapter, the term "airport noise compatibility planning" means the development for planning purposes of information necessary to prepare and submit (A) the noise exposure map and related information pursuant to subsection (a) of this section, including any cost associated with obtaining such information, or (B) a noise compatibility program for submission pursuant to section 2104 of this Appendix.

(Pub. L. 96-193, title I, § 103, Feb. 18, 1980, 94 Stat. 50; Pub. L. 97-248, title V, § 524(b)(3), Sept. 3, 1982, 96 Stat. 696.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, known as the Aviation Safety and Noise Abatement Act of 1979, which enacted this chapter and sections 1359 and 1731 of this Appendix, amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this Appendix, and enacted provisions set out as notes under sections 1348 and 2101 of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this Appendix and Tables.

CODIFICATION

Prior to amendment by section 524(b)(3) of Pub. L. 97-248, this section consisted of pars. (1) and (2) of section 103(a) of Pub. L. 96-193. Section 524(b)(3) of Pub. L. 97-248 completely revised subsec. (b) of section 103 of Pub. L. 96-193, which had previously amended sections 1711 and 1713 of this title, with the result that

the existing provision of this section was designated as subsec. (a) and subsec. (b) was added.

AMENDMENTS

1982-Subsec. (b). Pub. L. 97-248 added subsec. (b). See Codification note above.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97-248, set out as an Effective Date note under section 2201 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2104, 2106, 2107, 2204, 2207 of this Appendix.

§ 2104. Noise compatibility program

(a) Prerequisites, submission, contents, etc.

Any airport operator who has submitted a noise exposure map and the related information pursuant to section 2103(a)(1) of this Appendix may, after consultation with the officials of any public agencies and planning agencies in the area surrounding such airport, the Federal officials having local responsibility for such airport, and any air carriers using such airport, submit a noise compatibility program to the Secretary. Such program shall set forth the measures which such operator has taken or proposes for the reduction of existing noncompatible uses and the prevention of the introduction of additional noncompatible uses within the area covered by the noise exposure map submitted by such operator. Such measures may include, but are not limited to

(1) the implementation of any preferential runway system;

(2) the implementation of any restriction on the use of such airport by any type or class of aircraft based on the noise characteristics of such aircraft;

(3) the construction of barriers and acoustical shielding, including the soundproofing of public buildings;

(4) the use of flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and

(5) acquisition of land and interests therein, including, but not limited to, air rights, easements, and development rights, so as to assure the use of property for purposes which are compatible with airport operations. (b) Approval or disapproval requirements

The Secretary shall approve or disapprove any program submitted to him pursuant to subsection (a) of this section (other than as such program relates to flight procedures referred to in subsection (a)(4) of this section) within one hundred and eighty days after it is received by him. The Secretary shall approve such program (other than as such program relates to flight procedures referred to in subsection (a)(4) of this section) (A) if the measures to be undertaken in carrying out such program (i) do not create an undue burden on interstate or foreign commerce, and (ii) are reasonably consistent with obtaining the goal of reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses, and

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(B) if the program provides for its revision made necessary by any revised noise exposure map submitted under section 2103(a)(2) of this Appendix. Failure of the Secretary to approve or disapprove such program (other than as such program relates to flight procedures referred to in subsection (a)(4) of this section) within such time period shall be deemed to be an approval of such program. With respect to any part of such program which relates to such flight procedures, the Secretary shall provide such part of such program to the Administrator of the Federal Aviation Administration who shall either approve or disapprove such part of such program.

(c) Grant authorities; scope, availability, etc., of grants

(1) The Secretary is authorized to incur obligations to make grants under this chapter from funds made available under section 505 of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2204] for any project to carry out a noise compatibility program or parts thereof not disapproved under subsection (b) of this section. Grants under this chapter may be made to operators of airports submitting noise compatibility programs and to units of local government in the area surrounding such airports if the Secretary determines such units have the capability to carry out projects for which grant applications are made in accordance with such noise compatibility programs. Such airport operator may in turn agree to make the grant available to public agencies in the area surrounding such airports if the Secretary determines such agencies have the capability to carry out projects for which grant applications are made in accordance with such noise compatibility programs. The Federal share of any project for which a grant is made under this subsection shall be 80 percent of the cost of the project. All of the provisions of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.] applicable to project grants made under section 505 of that Act [49 App. U.S.C. 2204] (except section 510 of that Act relating to United States share of project costs [49 App. U.S.C. 22091) shall be applicable to any grant made under this chapter, unless the Secretary determines that any provision of such Act of 1982 is inconsistent with, or unnecessary to carry out, the purposes of this chapter.

(2) The Secretary, further, is authorized under this section to make grants to operators of airports and to units of local government referred to in paragraph (1) for any project to carry out a noise compatibility program developed prior to February 18, 1980, or the promulgation of its implementing regulations if the Secretary determines that such prior program is substantially consistent with the purposes of reducing existing uses and preventing the introduction of additional noncompatible uses and that the purposes of this chapter would be furthered by prompt implementation of such program.

(d) Liability of United States for damages pursuant to program

The United States shall not be liable for damages resulting from aviation noise by reason of any action taken by the Secretary or the Administrator of the Federal Aviation Administra. tion under this section.

(e) Funding

The Secretary shall obligate from funds available for expenditure under section 14(a)(3) of the Airport and Airway Development Act of 1970 [49 App. U.S.C. 1714(a)(3)], not less than $25,000,000, for the fiscal year ending September 30, 1980, for making grants under subsection (c) of this section.

(Pub. L. 96-193, title I, § 104, Feb. 18, 1980, 94 Stat. 51; Pub. L. 97-248, title V, § 524(b)(4), Sept. 3, 1982, 96 Stat. 696.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, as amended, known as the Aviation Safety and Noise Abatement Act of 1979, which enacted this chapter and sections 1359 and 1731 of this Appendix, amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this Appendix, and enacted provi. sions set out as a note under section 1348 of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this Appendix and Tables.

The Airport and Airway Improvement Act of 1982, referred to in subsec. (c)(1), is title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 671, as amended, which is classified principally to chapter 31 (§ 2201 et seq.) of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this Appendix and Tables.

Section 14(a)(3) of the Airport and Airway Develop ment Act of 1970 [49 App. U.S.C. 1714(a)(3)], referred to in subsec. (e), was repealed by Pub. L. 97-248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.

AMENDMENTS

1982-Subsec. (c)(1). Pub. L. 97-248 substituted "sec tion 505 of the Airport and Airway Improvement Act of 1982" for "subsection (e) of this section" in first sentence, and substituted references to the Airport and Airway Improvement Act of 1982 for references to the Airport and Airway Development Act of 1970 in last sentence.

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97-248, set out as an Elfective Date note under section 2201 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2103, 2204, 2207 of this Appendix.

§ 2105. Noise exposure map and compatibility program for Washington National and Dulles International airports; preparation and publication The Secretary, acting through the Adminis trator of the Federal Aviation Administration, after consultation with the officials of any public agencies or planning agencies in the area surrounding such airport, shall prepare and publish a noise exposure map and a noise com patibility program for the airport established by the Act of June 29, 1940 (54 Stat. 686) [49

App. U.S.C. 2401 et seq.], and the airport the construction of which was authorized by the Act of September 7, 1950 (64 Stat. 770) [49 App. U.S.C. 2421 et seq.]. Such map and program shall be prepared and published in accordance with the requirements of this chapter no later than 1 year after the effective date of the regulations promulgated in accordance with section 2102 of this Appendix.

(Pub. L. 96-193, title I, § 105, Feb. 18, 1980, 94 Stat. 53.)

REFERENCES IN TEXT

The airports established by the Acts of June 29, 1940, and Sept. 7, 1950, referred to in text, are known as Washington National Airport and Dulles International Airport.

Act of June 29, 1940 (54 Stat. 686), referred to in text, is act June 29, 1940, ch. 444, 54 Stat. 686, as amended, which is classified to subchapter I (§ 2401 et seq.) of chapter 33 of this Appendix.

Act of September 7, 1950 (64 Stat. 770), referred to in text, is act Sept. 7, 1950, ch. 905, 64 Stat. 770, as amended, which is classified to subchapter II (§ 2421 et seq.) of chapter 33 of this Appendix.

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, known as the Aviation Safety and Noise Abatement Act of 1979, as amended, which enacted this chapter and sections 1359 and 1731 of this Appendix, amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this Appendix, and enacted provisions set out as a note under section 1348 of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this Appendix and Tables.

82106. Prohibition on use of noise exposure map, etc., in noise suits

No part of any noise exposure map or related information described in section 2103(a) of this Appendix submitted to, or prepared by, the Secretary and no part of the list of land uses identified by the Secretary as land uses which are normally compatible with various exposures of individuals to noise shall be admitted as evidence, or used for any other purpose, in any suit or action seeking damages or other relief for the noise that results from the operation of an airport.

(Pub. L. 96-193, title I, § 106, Feb. 18, 1980, 94 Stat. 53.)

§ 2107. Limitations on suits by property owners for noise damages

(a) No person who acquires property or an interest therein after February 18, 1980, in an area surrounding an airport with respect to which a noise exposure map has been submitted under section 2103 of this Appendix shall be entitled to recover damages with respect to the noise attributable to such airport if such person had actual or constructive knowledge of the existence of such noise exposure map unless, in addition to any other elements for recovery of damages, such person can show that—

(1) a significant change in the type or frequency of aircraft operations at the airport;

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(4) a significant increase in nighttime operations;

occurred after the date of the acquisition of such property or interest therein and that the damages for which recovery is sought have resulted from any such change or increase.

(b) For purposes of this section, constructive knowledge shall be imputed, at a minimum, to any person who acquires property or an interest therein in an area surrounding an airport after February 18, 1980, if—

(1) prior to the date of such acquisition, notice of the existence of a noise exposure map for such area was published at least three times in a newspaper of general circulation in the county in which such property is located; or

(2) a copy of such noise exposure map is furnished to such person at the time of such acquisition.

(Pub. L. 96-193, title I, § 107, Feb. 18, 1980, 94 Stat. 53.)

§ 2108. Planning and program studies; report to Congress

The Secretary shall study airport noise compatibility planning and airport noise compatibility programs carried out with grants made under this subchapter, to determine to what extent such planning and programs are achieving the goals of reducing existing noncompatible uses of land around airports and preventing the introduction of new noncompatible uses around airports. Not later than January 1, 1981, the Secretary shall submit a report to Congress setting forth the determinations made pursuant to such studies together with legislative recommendations, if any, which the Secretary determines necessary.

(Pub. L. 96-193, title I, § 108, Feb. 18, 1980, 94 Stat. 54; Pub. L. 97-248, title V, § 524(b)(5), Sept. 3, 1982, 96 Stat. 696.)

AMENDMENTS

1982-Pub. L. 97-248 substituted "airport noise compatibility planning and” for “(1) airport noise compatibility planning carried out with grants made under section 1713 of this Appendix, and (2)”.

EFFECTIVE Date of 1982 AMENDMENT Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97-248, set out as an Effective Date note under section 2201 of this Appendix. SUBCHAPTER II-NOISE STANDARDS

8 2121. Definitions

For purposes of this subchapter

(1) the term "noncomplying aircraft” means any civil subsonic turbojet powered aircraft (A) which (i) has a maximum certificated takeoff weight of 75,000 pounds or more, and (ii) in the case of an aircraft registered in the United States, has a standard airworthiness certificate issued pursuant to section 1423(c) of this Appendix, and (B) which does not comply with the noise standards prescribed for new subsonic aircraft in regulations issued by the Secretary, acting through the Admin

istrator of the Federal Aviation Administration (14 CFR part 36), as such regulations were in effect on January 1, 1977; and

(2) the term "Secretary" means the Secretary of Transportation.

(Pub. L. 96–193, title III, § 301, Feb. 18, 1980, 94 Stat. 55.)

§ 2122. Compliance for international carriers; prerequisites, procedures applicable, etc.

(a) If, by January 1, 1980, the International Civil Aviation Organization (hereafter referred to as "ICAO") does not reach an agreement (1) which adopts the noise standards prescribed for new subsonic aircraft in regulations issued by the Secretary, acting through the Administrator of the Federal Aviation Administration (14 CFR part 36), as such regulations were in effect on January 1, 1977, or (2) on noise standards and an international schedule for compliance with ICAO Noise Standards (annex 16) which are substantially compatible with the standards set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91), the Secretary, acting through the Administrator, shall commence a rulemaking to require all air carriers and foreign air carriers engaging in foreign air transportation to comply with the noise standards set forth in such regulations (14 CFR parts 36 and 91) or with ICAO Noise Standards (annex 16) which are substantially compatible with the standards set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91) during the 5-year period thereafter, at a phased rate of compliance similar to that in effect for aircraft registered in the United States. The requirement applied to air carriers engaging in foreign air transportation shall not be more stringent than those applied to foreign air carriers. Such rulemaking shall be concluded within 120 days.

(b) If, prior to January 1, 1980, the International Civil Aviation Organization reaches an agreement on noise standards that complies with clause (a)(1) or (a)(2) of this section, the Secretary, acting through the Administrator of the Federal Aviation Administration, shall immediately commence a rulemaking to require all air carriers and foreign air carriers engaging in foreign air transportation to comply with the noise standards set forth in such agreement at a phased rate of compliance similar to that in effect for aircraft registered in the United States. The requirement applied to air carriers engaging in foreign air transportation shall not be more stringent than those applied to foreign air carriers. Such rulemaking shall be concluded within 120 days.

(Pub. L. 96-193, title III, § 302, Feb. 18, 1980, 94 Stat. 56.)

§ 2123. New technology aircraft incentives pursuant to exemptions; criteria, duration, etc.

(a) The Secretary shall provide an exemption from applicable noise standards to permit the operation of any noncomplying three-engine aircraft, but not beyond January 1, 1985, if (1) the operator of such aircraft has a plan for the replacement of such aircraft which has been

approved by the Secretary, and (2) the operator of such aircraft has entered into a binding contract by January 1, 1983, for delivery prior to January 1, 1985, of a replacement aircraft which meets, at a minimum, the noise standards for new type certificated aircraft set forth in regulations issued by the Secretary, acting through the Administrator of the Federal Aviation Administration, on March 2, 1978 (F.R. Vol. 43, p. 8722, et seq.).

(b) The Secretary shall provide an exemption from applicable noise standards to permit the operation of any noncomplying two-engine aircraft, but not beyond January 1, 1986, if (1) the operator of such aircraft has a plan for the replacement of such aircraft which has been approved by the Secretary, and (2) the operator of such aircraft has entered into a binding contract by January 1, 1983, for delivery prior to January 1, 1986, of a replacement aircraft which meets, at a minimum, the noise standards for new type certificated aircraft set forth in regulations issued by the Secretary, acting through the Administrator of the Federal Aviation Administration, on March 2, 1978 (F.R. Vol. 43, p. 8722, et seq.).

(Pub. L. 96-193, title III, § 303, Feb. 18, 1980, 94 Stat. 56.)

§ 2124. Small community service exemptions (a) Applicability

The Secretary shall provide an exemption from applicable noise standards to any person operating a noncomplying two-engine aircraft to permit such person to operate such aircraft. (b) Termination

Any exemption issued pursuant to this sec tion shall terminate on whichever of the following dates first occurs:

(1) in the event such operator sells or other. wise disposes of such aircraft to another person on or after January 1, 1983, on the date such aircraft is delivered to such other person;

(2) in the case of an aircraft with a seating configuration of 100 passenger seats or less, on January 1, 1988; or

(3) in the case of an aircraft with a seating configuration of more than 100 passenger seats, on January 1, 1985.

(c) Seating configuration of aircraft

For the purposes of subsection (b) of this sec tion, the seating configuration of an aircraft shall be the seating configuration that existed on such aircraft on December 1, 1979, or such earlier date as the Secretary may establish in individual cases.

(Pub. L. 96-193, title III, § 304, Feb. 18, 1980, 94 Stat. 57.)

8 2125. Tradeoff allowance

Notwithstanding any other provision of law or any rule, regulation, or order issued pursu ant thereto, the tradeoff provisions contained in appendix C of part 36 of title 14 of the Code of Federal Regulations shall apply in determining whether any aircraft complies with the pro

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