[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                                         

----------------------------------------------------------------------------------------------------------------

            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

----------------------------------------------------------------------------------------------------------------

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.                

----------------------------------------------------------------------------------------------------------------



    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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