49 U.S.C. § 47529 — Nonaddition rule

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 248 words · no verdicts yet

in plain englishAI-generated · not legal advice

A heavy jet imported into the U.S. after November 4, 1990, generally must meet stage 3 noise levels unless it was bought under a contract signed before that date, though the Secretary can grant exemptions to allow noise modifications. An aircraft owned by a U.S. person or entity on November 5, 1990, and formerly leased abroad, doesn't count as newly 'imported' if it returns within 6 months after that lease ends.

(a) General Limitations. Except as subsection (b) or section 47530 provide, a person may operate a civil subsonic turbojet aircraft weighing more than 75,000 pounds that is imported into the United States after November 4, 1990, only if the aircraft (1) complies with the stage 3 noise levels, or (2) was purchased by the person importing it under a legally binding contract made before November 5, 1990. (b) Exemptions. The Secretary of Transportation may grant an exemption from subsection (a) to let a person get an aircraft modified to meet the stage 3 noise levels. (c) Aircraft Deemed Not Imported. An aircraft is treated as not imported into the United States if it (1) was owned on November 5, 1990, by (A) a corporation, trust, or partnership organized under U.S. or state law (including the District of Columbia); (B) a U.S. citizen; or (C) an entity owned or controlled by one of those; and (2) enters the United States no later than 6 months after a lease agreement (including any extension) between such an owner and a foreign carrier expires.

the actual law source: uscode.house.gov ↗public domain

(a)General Limitations.—

Except as provided in subsection (b) of this section and section 47530 of this title, a person may operate a civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is imported into the United States after November 4, 1990, only if the aircraft—

(1)

complies with the stage 3 noise levels; or

(2)

was purchased by the person importing the aircraft into the United States under a legally binding contract made before November 5, 1990.

(b)Exemptions.—

The Secretary of Transportation may provide an exemption from subsection (a) of this section to permit a person to obtain modifications to an aircraft to meet the stage 3 noise levels.

(c)Aircraft Deemed Not Imported.—

In this section, an aircraft is deemed not to have been imported into the United States if the aircraft—

(1)

was owned on November 5, 1990, by—

(A)

a corporation, trust, or partnership organized under the laws of the United States or a State (including the District of Columbia);

(B)

an individual who is a citizen of the United States; or

(C)

an entity that is owned or controlled by a corporation, trust, partnership, or individual described in subclause (A) or (B) of this clause; and

(2)

enters the United States not later than 6 months after the expiration of a lease agreement (including any extension) between an owner described in clause (1) of this subsection and a foreign carrier.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1292.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1292

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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