§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.

( 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 Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47521	49 App.:2151.	Nov. 5, 1990, Pub. L. 101–508, §9302, 104 Stat. 1388–378 .

Editorial Notes

Amendments

2012-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])."