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49 U.S.C. § 47534Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

submitted 14 years ago by Pub. L. 112-95 to r/title-49-TRANSPORTATION · 399 words · no verdicts yet

in plain englishAI-generated · not legal advice

After December 31, 2015, most small civil jets must meet stage 3 noise limits. This applies to planes weighing 75,000 pounds or less flying to or from a U.S. airport. The rule doesn't cover flights outside the lower 48 states, and the Secretary can allow temporary exceptions.

(a) Prohibition — After December 31, 2015, you can't fly a civil jet that weighs 75,000 pounds or less to or from a U.S. airport, unless the Secretary of Transportation finds it meets "stage 3" noise levels. This applies to jets with a regular airworthiness certificate (not an experimental one). (b) Aircraft Operations Outside 48 Contiguous States — This rule doesn't apply to planes that only fly outside the 48 contiguous states. (c) Temporary Operations — The Secretary can give a special flight authorization letting a plane that would otherwise be banned fly temporarily to or from an airport in the contiguous U.S., for these reasons: (1) selling, leasing, or using it outside the 48 states; (2) scrapping it; (3) modifying it to meet stage 3 levels; (4) doing scheduled heavy maintenance or major modifications at a maintenance facility in the 48 states; (5) delivering it to a lessee or returning it to a lessor; (6) preparing, parking, or storing it in anticipation of doing one of reasons (1) through (5); (7) transporting people or goods to help with an emergency; or (8) diverting to another airport in the 48 states for weather, mechanical, fuel, air traffic control, or other safety reasons while doing one of reasons (1) through (7). (d) Regulations — The Secretary may write whatever rules or guidance are needed to carry out this section. (e) Statutory Construction — (1) AIP grant assurances: Breaking subsection (a) doesn't count as violating section 47107's grant assurance rules or its regulations. (2) Pending applications: Nothing in this section changes, cancels, or affects decisions the FAA has made or will make on part 161 noise applications that were already pending when this section became law.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibition.—

Except as otherwise provided by this section, after December 31, 2015, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experimental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.

(b)Aircraft Operations Outside 48 Contiguous States.—

Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.

(c)Temporary Operations.—

The Secretary may allow temporary operation of an aircraft otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:

(1)

To sell, lease, or use the aircraft outside the 48 contiguous States.

(2)

To scrap the aircraft.

(3)

To obtain modifications to the aircraft to meet stage 3 noise levels.

(4)

To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.

(5)

To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.

(6)

To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).

(7)

To provide transport of persons and goods in the relief of an emergency situation.

(8)

To divert the aircraft to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).

(d)Regulations.—

The Secretary may prescribe such regulations or other guidance as may be necessary for the implementation of this section.

(e)Statutory Construction.—
(1)AIP grant assurances.—

Noncompliance with subsection (a) shall not be construed as a violation of section 47107 or any regulations prescribed thereunder.

(2)Pending applications.—

Nothing in this section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to applications under part 161 of title 14, Code of Federal Regulations, that were pending on the date of enactment of this section.

Source credit: (Added Pub. L. 112–95, title V, § 506(a), Feb. 14, 2012, 126 Stat. 105.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-95 · 126 Stat. 105

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 2012-02-14.

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