# § 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.
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**Source Credit**: (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.)
| RevisedSection | 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). , substituted “charges” for “fees”.
Pars. (7), (8). , substituted “charge” for “fee”.
## Statutory Notes and Related Subsidiaries
### Authorization of Certain Flights by Stage 2 Aircraft
> **“(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—
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> **“(A)** is certified under part 139 of title 14, Code of Federal Regulations;
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> **“(B)** has a runway that—
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> **“(i)** is longer than 8,000 feet and not less than 200 feet wide; and
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> **“(ii)** is load bearing with a pavement classification number of not less than 38; and
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> **“(C)** has a maintenance facility with a maintenance certificate issued under part 145 of such title; and
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> **“(2)** the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft.
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> **“(b)** **Termination.—** The pilot program shall terminate on the earlier of—
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> **“(1)** the date that is 10 years after the date of the enactment of this Act [Oct. 5, 2018]; or
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> **“(2)** the date on which the Administrator determines that no stage 2 aircraft remain in service.
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> **“(c)** **Definitions.—** In this section:
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> **“(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]).”
, , , provided that: