II 

109TH CONGRESS 

2D SESSION S. 4109 

To amend title 49, United States Code, to prohibit the operation of certain 

aircraft not complying with stage 3 noise levels. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2006 

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to prohibit the operation of certain aircraft not complying with stage 3 noise 

levels. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aircraft Noise Reduc5 tion Act of 2006’’. 

6 SEC. 2. OPERATION OF AIRCRAFT NOT MEETING STAGE 3 

7 NOISE LEVELS. 

8 (a) IN GENERAL.—Subchapter II of chapter 475 of 

9 title 49, United States Code, is amended by adding at the 

10 end the following: 


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1 ‘‘§ 47534. Prohibition on operating certain aircraft 

2 weighing 75,000 pounds or less not com3 plying with stage 3 noise levels 

4 ‘‘(a) PROHIBITION.—Except as provided in sub5 section (b), (c), or (d), a person may not operate a civil 

6 subsonic turbojet with a maximum weight of 75,000 

7 pounds or less to or from an airport in the United States 

8 unless the Secretary of Transportation finds that the air9 craft complies with stage 3 noise levels. 

10 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

11 aircraft operated only outside the 48 contiguous States. 

12 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

13 airport where the airport operator has notified the Sec14 retary that it wants to continue to permit the operation 

15 of civil subsonic turbojets with a maximum weight of 

16 75,000 pounds or less that do not comply with stage 3 

17 noise levels. The Secretary shall post the notices received 

18 under this subsection on its website or in another place 

19 easily accessible to the public. 

20 ‘‘(d) LIMITATION.—The Secretary shall permit a per21 son to operate Stage 1 and Stage 2 aircraft with a max22 imum weight of 75,000 pounds or less to or from an air23 port in the contiguous 48 States in order— 

24 ‘‘(1) to sell, lease, or use the aircraft outside 

25 the 48 contiguous States; 

26 ‘‘(2) to scrap the aircraft; 


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1 ‘‘(3) to obtain modifications to the aircraft to 

2 meet stage 3 noise levels; 

3 ‘‘(4) to perform scheduled heavy maintenance 

4 or significant modifications on the aircraft at a 

5 maintenance facility located in the contiguous 48 

6 states; 

7 ‘‘(5) to deliver the aircraft to an operator leas8 ing the aircraft from the owner or return the air9 craft to the lessor; 

10 ‘‘(6) to prepare or park or store the aircraft in 

11 anticipation of any of the activities described in 

12 paragraphs (1) through (5); or 

13 ‘‘(7) to divert the aircraft to an alternative air14 port in the 48 contiguous States on account of 

15 weather, mechanical, fuel air traffic control or other 

16 safety reasons while conducting a flight in order to 

17 perform any of the activities described in paragraphs 

18 (1) through (6). 

19 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the 

20 section may be construed as interfering with, nullifying, 

21 or otherwise affecting determinations made by the Federal 

22 Aviation Administration, or to be made by the Administra23 tion, with respect to applications under part 161 of title 

24 14, Code of Federal Regulations, that were pending on 


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1 the date of enactment of the Aircraft Noise Reduction Act 

2 of 2006.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 47531 of title 49, United States 

5 Code, is amended by striking ‘‘47529, or 47530’’ 

6 and inserting ‘‘47529, 47530, or 47534’’. 

7 (2) Section 47532 of title 49, United States 

8 Code, is amended by striking ‘‘47528-47531’’ and 

9 inserting ‘‘47528 through 47531 or 47534’’. 

10 (3) The chapter analysis for chapter 475 of title 

11 49, United States Code, is amended by inserting 

12 after the item relating to section 47533 the fol13 lowing: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with stage 3 noise levels.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is 3 years 

16 after the date of enactment of this Act. 

Æ 


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