49 U.S.C. § 47524: Airport noise and access restriction review program

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. an analysis of the anticipated or actual costs and benefits of the existing or proposed restriction; a description of alternative restrictions; a description of the alternative measures considered that do not involve aircraft restrictions; and a comparison of the costs and benefits of the alternative measures to the costs and benefits of the proposed restriction. a restriction on noise levels generated on either a single event or cumulative basis; a restriction on the total number of stage 3 aircraft operations; a noise budget or noise allocation program that would include stage 3 aircraft; a restriction on hours of operations; and any other restriction on stage 3 aircraft. the restriction is reasonable, nonarbitrary, and nondiscriminatory; the restriction does not create an unreasonable burden on interstate or foreign commerce; the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace; the restriction does not conflict with a law or regulation of the United States; an adequate opportunity has been provided for public comment on the restriction; and the restriction does not create an unreasonable burden on the national aviation system. 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. shall be based on the criteria in paragraph (2) of this subsection; and may be conducted only after 2 years after a decision under paragraph (2) of this subsection has been made. 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 ; 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 ; an intergovernmental agreement including an airport noise or access restriction in effect on November 5, 1990 ; 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; 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 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 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 . agreed to by the airport proprietor and aircraft operators; approved by the Secretary as required by subsection (c)(1) of this section; or rescinded.