Title 49, TransportationRelease 119-110
§47528 Prohibition on Operating Certain Aircraft Not Complying with Stage 3 Noise Levels
Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART B — AIRPORT DEVELOPMENT AND NOISE › CHAPTER 475 — NOISE › SUBCHAPTER II — NATIONAL AVIATION NOISE POLICY › § 47528
Summary
After December 31, 1999, civil turbojet airplanes that weigh more than 75,000 pounds can only fly to or from U.S. airports if the Secretary of Transportation finds they meet stage 3 noise limits. There are a few exceptions. If an airline had at least 85 percent of its planes meeting stage 3 by July 1, 1999, it could apply for a temporary waiver for the rest. That application had to be filed by January 1, 1999, or for foreign carriers within 15 days after the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century became law, and it had to include a plan with firm orders to make all planes comply by December 31, 2003. The Secretary may grant a waiver only if it is in the public interest and must look at effects on competition and small community air service. The Secretary had to set a phased-in schedule starting November 5, 1990 and ending before December 31, 1999, using economic studies (like airline capacity, competition, cargo, small communities, and new entry) and studies of noise near airports. Starting with calendar year 1992, each carrier must send an annual progress report to the Secretary, and the Secretary must report annually to Congress. Turnaround service means a flight only within Hawaii. An airline cannot use more stage 2 planes over 75,000 pounds in Hawaii or between Hawaii and places outside the 48 contiguous States than it did on November 5, 1990. A carrier that did turnaround service on that date may count all stage 2 planes it owned or leased then, even if not flown that day. Stage 2 planes may be flown without passengers or cargo after December 31, 1999 for certain reasons: to sell, lease, use outside the contiguous 48 States, scrap, upgrade to stage 3, do heavy maintenance or major modifications, deliver or return under a lease, prepare or store the aircraft, or divert for safety reasons. The Secretary must publish a procedure within 30 days after this subsection was enacted to allow those nonrevenue moves (by waivers, ferry permits, or other means). Nothing here changes FAA decisions under part 161 that were pending on November 1, 1999.
Full Legal Text
Title 49, §47528
Transportation, Source: USLM XML via OLRC
(a)Prohibition.—
Except as provided in subsection (b) or (f) of this section and section 47530 of this title, a person may operate after December 31, 1999, a civil subsonic turbojet (for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator) 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 or foreign 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, or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century 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.
(4)An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order—
(A)to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or
(B)conduct operations within the limitations of paragraph (2)(B).
(f)Aircraft Modification, Disposal, Scheduled Heavy Maintenance, or Leasing.—
(1)In general.—
The Secretary shall permit a person to operate after December 31, 1999, a stage 2 aircraft in nonrevenue service through the airspace of the United States or to or from an airport in the contiguous 48 States in order to—
(A)sell, lease, or use the aircraft outside the contiguous 48 States;
(B)scrap the aircraft;
(C)obtain modifications to the aircraft to meet stage 3 noise levels;
(D)perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States;
(E)deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;
(F)prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or
(G)divert the aircraft to an alternative airport in the contiguous 48 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 subparagraphs (A) through (F).
(2)Procedure To Be Published.—
Not later than 30 days after the date of the enactment of this subsection, the Secretary shall establish and publish a procedure to implement paragraph (1) through the use of categorical waivers, ferry permits, or other means.
(g)Statutory Construction.—
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 November 1, 1999.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 47528(a)49 App.:2157(a).Nov. 5, 1990, Pub. L. 101–508, § 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, § 9308(i); added Oct. 28, 1991, Pub. L. 102–143, § 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.
Editorial Notes
References in Text
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000. The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2000—Pub. L. 106–181, § 721(a), repealed Pub. L. 106–113, § 1000(a)(5) [title II, § 231]. See 1999 Amendment notes and
Construction
of 2000 Amendment note below. Subsec. (a). Pub. L. 106–181, § 721(b)(1), (c)(1), substituted “subsection (b) or (f)” for “subsection (b)” and inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”. Subsec. (b)(1). Pub. L. 106–181, § 721(d), in first sentence, inserted “or foreign air carrier” after “air carrier”, and, in last sentence, inserted “or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” after “January 1, 1999,”. Subsec. (e)(4). Pub. L. 106–181, § 721(b)(2), added par. (4). Subsecs. (f), (g). Pub. L. 106–181, § 721(b)(3), added subsecs. (f) and (g). 1999—Pub. L. 106–113, § 1000(a)(5) [title II, § 231(a)], which directed the amendment of section 47528 by substituting “subsection (b) or (f)” for “subsection (b)” in subsec. (a), adding a par. (4) to subsec. (e), and adding subsec. (f) at the end, without specifying the Code title to be amended, was repealed by Pub. L. 106–181, § 721(a). See
Construction
of 2000 Amendment note below. Subsec. (a). Pub. L. 106–113, § 1000(a)(5) [title II, § 231(b)(1)], which inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”, was repealed by Pub. L. 106–181, § 721(a). See
Construction
of 2000 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective Date
of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Regulations
Pub. L. 106–181, title VII, § 721(c)(2), Apr. 5, 2000, 114 Stat. 165, provided that: “
Regulations
contained in title 14, Code of Federal
Regulations
, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on the date of the enactment of this Act [Apr. 5, 2000].”
Construction
of 2000 Amendment Pub. L. 106–181, title VII, § 721(a), Apr. 5, 2000, 114 Stat. 164, provided that: “section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113 [amending this section], is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law.” Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th item on page 132 of House Document No. 103–7.
Reference
Citations & Metadata
Citation
49 U.S.C. § 47528
Title 49, Transportation
Last Updated
Sep 22, 2026
Release point: 119-110