49 U.S.C. § 44718 : US Code - Section 44718: Structures interfering with air commerce

Search 49 U.S.C. § 44718 : US Code - Section 44718: Structures interfering with air commerce

(a) Notice. - By regulation or by order when necessary, the
Secretary of Transportation shall require a person to give adequate
public notice, in the form and way the Secretary prescribes, of the
construction, alteration, establishment, or expansion, or the
proposed construction, alteration, establishment, or expansion, of
a structure or sanitary landfill when the notice will promote -
(1) safety in air commerce; and
(2) the efficient use and preservation of the navigable
airspace and of airport traffic capacity at public-use airports.
(b) Studies. - (1) Under regulations prescribed by the Secretary,
if the Secretary decides that constructing or altering a structure
may result in an obstruction of the navigable airspace or an
interference with air navigation facilities and equipment or the
navigable airspace, the Secretary shall conduct an aeronautical
study to decide the extent of any adverse impact on the safe and
efficient use of the airspace, facilities, or equipment. In
conducting the study, the Secretary shall consider factors relevant
to the efficient and effective use of the navigable airspace,
including -
(A) the impact on arrival, departure, and en route procedures
for aircraft operating under visual flight rules;
(B) the impact on arrival, departure, and en route procedures
for aircraft operating under instrument flight rules;
(C) the impact on existing public-use airports and aeronautical
facilities;
(D) the impact on planned public-use airports and aeronautical
facilities; and
(E) the cumulative impact resulting from the proposed
construction or alteration of a structure when combined with the
impact of other existing or proposed structures.
(2) On completing the study, the Secretary shall issue a report
disclosing completely the extent of the adverse impact on the safe
and efficient use of the navigable airspace that the Secretary
finds will result from constructing or altering the structure.
(c) Broadcast Applications and Tower Studies. - In carrying out
laws related to a broadcast application and conducting an
aeronautical study related to broadcast towers, the Administrator
of the Federal Aviation Administration and the Federal
Communications Commission shall take action necessary to coordinate
efficiently -
(1) the receipt and consideration of, and action on, the
application; and
(2) the completion of any associated aeronautical study.
(d) Limitation on Construction of Landfills. -
(1) In general. - No person shall construct or establish a
municipal solid waste landfill (as defined in section 258.2 of
title 40, Code of Federal Regulations, as in effect on the date
of the enactment of this subsection) that receives putrescible
waste (as defined in section 257.3-8 of such title) within 6
miles of a public airport that has received grants under chapter
471 and is primarily served by general aviation aircraft and
regularly scheduled flights of aircraft designed for 60
passengers or less unless the State aviation agency of the State
in which the airport is located requests that the Administrator
of the Federal Aviation Administration exempt the landfill from
the application of this subsection and the Administrator
determines that such exemption would have no adverse impact on
aviation safety.
(2) Limitation on applicability. - Paragraph (1) shall not
apply in the State of Alaska and shall not apply to the
construction, establishment, expansion, or modification of, or to
any other activity undertaken with respect to, a municipal solid
waste landfill if the construction or establishment of the
landfill was commenced on or before the date of the enactment of
this subsection.