49 U.S.C. § 47521

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 47521 - Findings

Congress finds that-

(1) aviation noise management is crucial to the continued increase in airport capacity;

(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;

(3) a noise policy must be carried out at the national level;

(4) local interest in aviation noise management shall be considered in determining the national interest;

(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility charges, for noise management;

(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;

(7) revenues derived from a passenger facility charge may be applied to noise management and increased airport capacity; and

(8) a precondition to the establishment and collection of a passenger facility charge is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.

49 U.S.C. § 47521

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1287; Pub. L. 112-95, title I, §111(c)(2)(A)(vi), (B), Feb. 14, 2012, 126 Stat. 18.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47521	49 App.:2151.	Nov. 5, 1990,Pub. L. 101-508, §93021990,, 104 Stat. 1388-378.

EDITORIAL NOTES

AMENDMENTS2012-Par. (5). Pub. L. 112-95, §111(c)(2)(B), substituted "charges" for "fees". Pars. (7), (8). Pub. L. 112-95, §111(c)(2)(A)(vi), substituted "charge" for "fee".

STATUTORY NOTES AND RELATED SUBSIDIARIES

AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 AIRCRAFT Pub. L. 115-254, div. B, title I, §172, Oct. 5, 2018, 132 Stat. 3227, provided that:"(a) IN GENERAL.-Notwithstanding chapter 475 of title 49, United States Code, not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall initiate a pilot program to permit an operator of a stage 2 aircraft to operate that aircraft in nonrevenue service into not more than 4 medium hub airports or nonhub airports if-"(1) the airport-"(A) is certified under part 139 of title 14, Code of Federal Regulations;"(B) has a runway that-"(i) is longer than 8,000 feet and not less than 200 feet wide; and"(ii) is load bearing with a pavement classification number of not less than 38; and"(C) has a maintenance facility with a maintenance certificate issued under part 145 of such title; and"(2) the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft. "(b) TERMINATION.-The pilot program shall terminate on the earlier of-"(1) the date that is 10 years after the date of the enactment of this Act [Oct. 5, 2018]; or"(2) the date on which the Administrator determines that no stage 2 aircraft remain in service."(c) DEFINITIONS.-In this section: "(1) MEDIUM HUB AIRPORT; NONHUB AIRPORT.-The terms 'medium hub airport' and 'nonhub airport' have the meanings given those terms in section 40102 of title 49, United States Code."(2) STAGE 2 AIRCRAFT.-The term 'stage 2 aircraft' has the meaning given the term 'stage 2 airplane' in section 91.851 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act [Oct. 5, 2018])."