H. R. 1758—546
traffic control procedure changes at the airport. However, if an
agreement on noise reductions at that airport is made between
the airport proprietor and one or more air carriers or foreign air
carriers that constitute a majority of the carrier use of the airport,
this paragraph applies only to a local action to enforce the agree-
ment.
(4) The Secretary may reevaluate an airport noise or access
restriction previously agreed to or approved under this subsection
on request of an aircraft operator able to demonstrate to the satis-
faction of the Secretary that there has been a change in the noise
environment of the affected airport that justifies a reevaluation.
The Secretary shall establish by regulation procedures for conduct-
ing a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of
this subsection; and
(B) may be conducted only after 2 years after a decision
under paragraph (2) of this subsection has been made.
(d) NONAPPLICATION.—Subsections (b) and (c) of this section
do not apply to—
(1) a local action to enforce a negotiated or executed airport
noise or access agreement between the airport operator and
the aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport
noise or access restriction agreed to by the airport operator
and the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport
noise or access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access
agreement or restriction in effect on November 5, 1990, that
does not reduce or limit aircraft operations or affect aircraft
safety;
(5)(A) an airport noise or access restriction adopted by
an airport operator not later than October 1, 1990, and stayed
as of October 1, 1990, by a court order or as a result of
litigation, if any part of the restriction is subsequently allowed
by a court to take effect; or
(B) a new restriction imposed by an airport operator to
replace any part of a restriction described in subclause (A)
of this clause that is disallowed by a court, if the new restriction
would not prohibit aircraft operations in effect on November
5, 1990; or
(6) a local action that represents the adoption of the final
part of a program of a staged airport noise or access restriction
if the initial part of the program was adopted during 1988
and was in effect on November 5, 1990.
(e) GRANT LIMITATIONS.—Beginning on the 91st day after the
Secretary prescribes a regulation under subsection (a) of this sec-
tion, a sponsor of a facility operating under an airport noise or
access restriction on the operation of stage 3 aircraft that first
became effective after October 1, 1990, is eligible for a grant under
section 47104 of this title and is eligible to impose a passenger
facility fee under section 40117 of this title only if the restriction
has been—
(1) agreed to by the airport proprietor and aircraft opera-
tors;
(2) approved by the Secretary as required by subsection
(c)(1) of this section; or
H. R. 1758—547
(3) rescinded.
§ 47525. Decision about airport noise and access restrictions
on certain stage 2 aircraft
The Secretary of Transportation shall conduct a study and
decide on the application of section 47524(a)–(d) of this title to
airport noise and access restrictions on the operation of stage 2
aircraft with a maximum weight of not more than 75,000 pounds.
In making the decision, the Secretary shall consider—
(1) noise levels produced by those aircraft relative to other
aircraft;
(2) the benefits to general aviation and the need for effi-
ciency in the national air transportation system;
(3) the differences in the nature of operations at airports
and the areas immediately surrounding the airports;
(4) international standards and agreements on aircraft
noise; and
(5) other factors the Secretary considers necessary.
§ 47526. Limitations for noncomplying airport noise and
access restrictions
Unless the Secretary of Transportation is satisfied that an
airport is not imposing an airport noise or access restriction not
in compliance with this subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of
this title; or
(2) impose a passenger facility fee under section 40117
of this title.
§ 47527. Liability of the United States Government for noise
damages
When a proposed airport noise or access restriction is dis-
approved under this subchapter, the United States Government
shall assume liability for noise damages only to the extent that
a taking has occurred as a direct result of the disapproval. The
United States Court of Federal Claims has exclusive jurisdiction
of a civil action under this section.
§ 47528. Prohibition 
on 
operating 
certain 
aircraft 
not
complying with stage 3 noise levels
(a) PROHIBITION.—Except as provided in subsection (b) of this
section and section 47530 of this title, a person may operate after
December 31, 1999, a civil subsonic turbojet 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 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, 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
H. R. 1758—548
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 phase-
out 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 oper-
ated 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.
§ 47529. Nonaddition rule
(a) GENERAL LIMITATIONS.—Except as provided in subsection
(b) of this section and section 47530 of this title, a person may
H. R. 1758—549
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 air-
craft 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 corpora-
tion, 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.
§ 47530. Nonapplication of sections 47528(a)–(d) and 47529
to aircraft outside the 48 contiguous States
Sections 47528(a)–(d) and 47529 of this title do not apply to
aircraft used only to provide air transportation outside the 48
contiguous States. A civil subsonic turbojet aircraft with a maximum
weight of more than 75,000 pounds that is imported into a non-
contiguous State or a territory or possession of the United States
after November 4, 1990, may be used to provide air transportation
in the 48 contiguous States only if the aircraft complies with the
stage 3 noise levels.
§ 47531. Penalties for violating sections 47528–47530
A person violating sections 47528, 47529, or 47530 of this
title or a regulation prescribed under those sections is subject
to the same civil penalties and procedures under chapter 463 of
this title as a person violating section 44701(a) or (b) or 44702–
44716 of this title.
§ 47532. Judicial review
An action taken by the Secretary of Transportation under sec-
tions 47528–47531 of this title is subject to judicial review as
provided under section 46110 of this title.
§ 47533. Relationship to other laws
Except as provided by section 47524 of this title, this subchapter
does not affect—
(1) law in effect on November 5, 1990, on airport noise
or access restrictions by local authorities;