§47534 — Title 49 Transportation | U.S. Code

Summary

After December 31, 2015, people may not fly civil subsonic jets that weigh 75,000 pounds or less to or from airports in the United States unless the Secretary of Transportation says the plane meets stage 3 noise limits. This rule applies to planes with a regular airworthiness certificate (not experimental). If a plane only operates outside the 48 contiguous states, the rule does not apply. The Secretary can give temporary permission for specific flights, for example to sell, lease, scrap, modify to meet the noise rule, do heavy maintenance, deliver or return a leased plane, park or store it for those reasons, fly for emergency relief, or divert for safety or weather. The Secretary may make rules to carry out this policy. Not meeting the rule is not treated as a violation of section 47107, and it does not change FAA decisions on part 161 applications that were pending when the law was passed.

Title 49, §47534

Transportation — Source: USLM XML via OLRC

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

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

(e)(1)Noncompliance with subsection (a) shall not be construed as a violation of section 47107 or any regulations prescribed thereunder.

(2)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.

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

§47534 Prohibition on Operating Certain Aircraft Weighing 75,000 Pounds or Less Not Complying with Stage 3 Noise Levels

Summary

Title 49, §47534

Notes & Related Subsidiaries

Editorial Notes

References in Text

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