[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 49USC47528]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 475--NOISE
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
Sec. 47528. Prohibition on operating certain aircraft not
complying with stage 3 noise levels
(a) Prohibition.--Except as provided in subsection (b) of this
section and section 47530 of this title, a person may operate after
December 31, 1999, a civil subsonic turbojet with a maximum weight of
more than 75,000 pounds to or from an airport in the United States only
if the Secretary of Transportation finds that the aircraft complies with
the stage 3 noise levels.
(b) Waivers.--(1) If, not later than July 1, 1999, at least 85
percent of the aircraft used by an air carrier to provide air
transportation comply with the stage 3 noise levels, the carrier may
apply for a waiver of subsection (a) of this section for the remaining
aircraft used by the carrier to provide air transportation. The
application must be filed with the Secretary not later than January 1,
1999, and must include a plan with firm orders for making all aircraft
used by the carrier to provide air transportation comply with the noise
levels not later than December 31, 2003.
(2) The Secretary may grant a waiver under this subsection if the
Secretary finds it would be in the public interest. In making the
finding, the Secretary shall consider the effect of granting the waiver
on competition in the air carrier industry and on small community air
service.
(3) A waiver granted under this subsection may not permit the
operation of stage 2 aircraft in the United States after December 31,
2003.
(c) Schedule for Phased-In Compliance.--The Secretary shall
establish by regulation a schedule for phased-in compliance with
subsection (a) of this section. The phase-in period shall begin on
November 5, 1990, and end before December 31, 1999. The regulations
shall establish interim compliance dates. The schedule for phased-in
compliance shall be based on--
(1) a detailed economic analysis of the impact of the phaseout
date for stage 2 aircraft on competition in the airline industry,
including--
(A) the ability of air carriers to achieve capacity growth
consistent with the projected rate of growth for the airline
industry;
(B) the impact of competition in the airline and air cargo
industries;
(C) the impact on nonhub and small community air service;
and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals
residing near airports.
(d) Annual Report.--Beginning with calendar year 1992--
(1) each air carrier shall submit to the Secretary an annual
report on the progress the carrier is making toward complying with
the requirements of this section and regulations prescribed under
this section; and
(2) the Secretary shall submit to Congress an annual report on
the progress being made toward that compliance.
(e) Hawaiian Operations.--(1) In this subsection, ``turnaround
service'' means a flight between places only in Hawaii.
(2)(A) An air carrier or foreign air carrier may not operate in
Hawaii, or between a place in Hawaii and a place outside the 48
contiguous States, a greater number of stage 2 aircraft with a maximum
weight of more than 75,000 pounds than it operated in Hawaii, or between
a place in Hawaii and a place outside the 48 contiguous States, on
November 5, 1990.
(B) An air carrier that provided turnaround service in Hawaii on
November 5, 1990, using stage 2 aircraft with a maximum weight of more
than 75,000 pounds may include in the number of aircraft authorized
under subparagraph (A) of this paragraph all stage 2 aircraft with a
maximum weight of more than 75,000 pounds that were owned or leased by
that carrier on that date, whether or not the aircraft were operated by
the carrier on that date.
(3) An air carrier may provide turnaround service in Hawaii using
stage 2 aircraft with a maximum weight of more than 75,000 pounds only
if the carrier provided the service on November 5, 1990.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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47528(a).............................. 49 App.:2157(a). Nov. 5, 1990, Pub. L. 101-508, Sec.
9308(a)-(c), (g), 104 Stat. 1388-382,
1388-383.
47528(b).............................. 49 App.:2157(b).
47528(c).............................. 49 App.:2157(c).
47528(d).............................. 49 App.:2157(g).
47528(e).............................. 49 App.:2157(i). Nov. 5, 1990, Pub. L. 101-508, 104
Stat. 1388-382, Sec. 9308(i); added
Oct. 28, 1991, Pub. L. 102-143, Sec.
349(b), 105 Stat. 949.
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In subsection (e), the words ``the State of'' are omitted as
surplus. The words ``place'' and ``places'' are substituted for
``point'' and ``points'' for consistency in title the revised title.
In subsection (e)(1), the words ``the operation of'' are omitted as
surplus. The words ``places only in Hawaii'' are substituted for ``two
or more points, all of which are within the State of Hawaii'' to
eliminate unnecessary words.
Section Referred to in Other Sections
This section is referred to in sections 47530, 47531, 47532 of this
title.
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