dreamproit/uscode huggingface dataset:
49 U.S.C. § 47523 (TRANSPORTATION)
§ 47523. National aviation noise policy
(a) General Requirements.—
Not later than July 1, 1991, the Secretary of Transportation shall establish by regulation a national aviation noise policy that considers this subchapter, including the phaseout and nonaddition of stage 2 aircraft as provided in this subchapter and dates for carrying out that policy and reporting requirements consistent with this subchapter and law existing as of November 5, 1990.
(b) Detailed Economic Analysis.—
The policy shall be based on a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—
(1) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1288.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47523
49 App.:2152.
Nov. 5, 1990, Pub. L. 101–508, § 9303, 104 Stat. 1388–378.
In this section, the text of 49 App.:2152(c) is omitted as executed.
In subsection (a), the words “(hereinafter in this chapter referred to as the ‘Secretary’)” are omitted because of the restatement. The words “this subchapter” (the first time they appear) are substituted for “the findings, determinations, and provisions of this chapter” to eliminate unnecessary words.
Subsection (b) is tabulated for clarity.
49 U.S.C. § 47525 (TRANSPORTATION)
§ 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 efficiency 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1291.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47525
49 App.:2154.
Nov. 5, 1990, Pub. L. 101–508, § 9305, 104 Stat. 1388–382.
In this section, before clause (1), the words “conduct a study and decide on” are substituted for “determine by a study” for clarity. The words “with a maximum weight of not more than” are substituted for “weighing less than” for consistency with sections 47528 and 47529 of the revised title.
49 U.S.C. § 47526 (TRANSPORTATION)
§ 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 charge under section 40117 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 112–95, title I, § 111(c)(2)(A)(viii), Feb. 14, 2012, 126 Stat. 18.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47526
49 App.:2156.
Nov. 5, 1990, Pub. L. 101–508, § 9307, 104 Stat. 1388–382.
In this section, before clause (1), the words “Under no conditions” are omitted as surplus. In clause (2), the words “or collect” are omitted as surplus.
heading: Amendments
text: 2012—Par. (2). Pub. L. 112–95 substituted “charge” for “fee”.
49 U.S.C. § 47527 (TRANSPORTATION)
§ 47527. Liability of the United States Government for noise damages
When a proposed airport noise or access restriction is disapproved 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1291.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47527
49 App.:2155.
Nov. 5, 1990, Pub. L. 101–508, § 9306, 104 Stat. 1388–382.
The words “under this subchapter” are added for clarity. The words “has exclusive jurisdiction of a civil action under this section” are substituted for “Action for the resolution of such a case shall be brought solely in” for clarity and consistency. The words “Court of Federal Claims” are substituted for “Claims Court” to reflect the change of name of the Court by section 902(b) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
49 U.S.C. § 47529 (TRANSPORTATION)
§ 47529. Nonaddition rule
(a) General Limitations.—
Except as provided in subsection (b) of this section and section 47530 of this title, a person may 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 aircraft 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 corporation, 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1292.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47529
49 App.:2158.
Nov. 5, 1990, Pub. L. 101–508, § 9309, 104 Stat. 1388–384; Oct. 31, 1992, Pub. L. 102–581, § 136(b), 106 Stat. 4889.
49 U.S.C. § 47530 (TRANSPORTATION)
§ 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 noncontiguous 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47530
49 App.:2157(d).
Nov. 5, 1990, Pub. L. 101–508, § 9308(d), 104 Stat. 1388–383; Oct. 28, 1991, Pub. L. 102–143, § 349(a), 105 Stat. 949.
49 U.S.C. § 47531 (TRANSPORTATION)
§ 47531. Penalties
A person violating section 47528, 47529, 47530, or 47534 of this title or a regulation prescribed under any of 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 any of sections 44702–44716 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, § 6(73), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, § 506(b)(1), Feb. 14, 2012, 126 Stat. 106.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47531
49 App.:2157(e).
Nov. 5, 1990, Pub. L. 101–508, § 9308(e), 104 Stat. 1388–383.
heading: Pub. L. 103–429
text: This amends 49:47531 to correct a grammatical error and erroneous cross-references.
heading: Amendments
text: 2012—Pub. L. 112–95 struck out “for violating sections 47528–47530” after “Penalties” in section catchline and substituted “47529, 47530, or 47534” for “47529, or 47530” in text.
1994—Pub. L. 103–429 substituted “section 47528” for “sections 47528” and inserted “any of” before “those” and “any of sections” before “44702–44716”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 47532 (TRANSPORTATION)
§ 47532. Judicial review
An action taken by the Secretary of Transportation under any of sections 47528–47531 or 47534 of this title is subject to judicial review as provided under section 46110 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, § 6(74), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 112–95, title V, § 506(b)(2), Feb. 14, 2012, 126 Stat. 106.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47532
49 App.:2157(f).
Nov. 5, 1990, Pub. L. 101–508, § 9308(f), 104 Stat. 1388–383.
heading: Pub. L. 103–429
text: This amends 49:47532 to correct an erroneous cross-reference.
heading: Amendments
text: 2012—Pub. L. 112–95 inserted “or 47534” after “47528–47531”.
1994—Pub. L. 103–429 inserted “any of” before “sections”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 47533 (TRANSPORTATION)
§ 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;
(2) any proposed airport noise or access restriction at a general aviation airport if the airport proprietor has formally initiated a regulatory or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and obtain legal remedies the Secretary considers appropriate, including injunctive relief.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1293.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
47533
49 App.:2153(h).
Nov. 5, 1990, Pub. L. 101–508, § 9304(h), 104 Stat. 1388–382.
49 U.S.C. § 47534 (TRANSPORTATION)
§ 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels
(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.
(Added Pub. L. 112–95, title V, § 506(a), Feb. 14, 2012, 126 Stat. 105.)
heading: References in Text
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.
49 U.S.C. § 48105 (TRANSPORTATION)
§ 48105. Weather reporting services
To reimburse the Secretary of Commerce for the cost incurred by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1296.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48105
49 App.:2205(d).
Sept. 3, 1982, Pub. L. 97–248, § 506(d), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, § 105(c)(2), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §§ 9108, 9204, 104 Stat. 1388–355, 1388–373; Oct. 31, 1992, Pub. L. 102–581, § 103(d), 106 Stat. 4877.
The words “for fiscal years beginning after September 30, 1982” are omitted as obsolete. The words “Secretary of Commerce” are substituted for “National Oceanic and Atmospheric Administration” because of 15:1501. The words “The Federal Aviation Administration with” are omitted as surplus.
49 U.S.C. § 48106 (TRANSPORTATION)
§ 48106. Airway science curriculum grants
Amounts are available from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out section 44510 of this title. The amounts remain available until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1296.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48106
49 App.:1354a (2d sentence).
Nov. 5, 1990, Pub. L. 101–516, (2d sentence in par. under heading “Facilities and Equipment”), 104 Stat. 2160.
Oct. 28, 1991, Pub. L. 102–143, (2d sentence in par. under heading “Facilities and Equipment”), 105 Stat. 922.
Oct. 6, 1992, Pub. L. 102–388, (2d sentence in par. under heading “Facilities and Equipment”), 106 Stat. 1526.
This section is substituted for the source provisions for clarity and because of the restatement.
49 U.S.C. § 48107 (TRANSPORTATION)
§ 48107. Civil aviation security research and development
After the review under section 44912(b) of this title is completed, necessary amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under section 44912(a)(4)(A).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48107
49 App.:1357(d)(9).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(d)(9); added Nov. 16, 1990, Pub. L. 101–604, § 107, 104 Stat. 3077.
The words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
49 U.S.C. § 48108 (TRANSPORTATION)
§ 48108. Availability and uses of amounts
(a) Availability of Amounts.—
Amounts equal to the amounts authorized under sections 48101–48105 of this title remain in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sections 48101–48105.
(b) Limitations on Uses.—
(1) Amounts in the Fund may be appropriated only to carry out a program or activity referred to in this chapter.
(2) Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component of the Department only to the extent authorized by section 48104 of this title.
(c) Limitation on Obligating or Expending Amounts.—
In a fiscal year beginning after September 30, 1998, the Secretary of Transportation may obligate or expend an amount appropriated out of the Fund under section 48104 of this title only if a law expressly amends section 48104.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 103–305, title I, § 102(c), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, § 103(c), Oct. 9, 1996, 110 Stat. 3216.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48108(a)
49 App.:2202(a)(24).
Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488.
49 App.:2205(e)(2).
Sept. 3, 1982, Pub. L. 97–248, § 506(e)(2), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(g)(3), 101 Stat. 1494.
48108(b)(1)
49 App.:2205(e)(1).
Sept. 3, 1982, Pub. L. 97–248, § 506(e)(1), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(d)(1), 101 Stat. 1493.
48108(b)(2)
49 App.:2205(e)(3).
Sept. 3, 1982, Pub. L. 97–248, § 506(e)(3), 96 Stat. 679.
48108(c)
49 App.:2205(e)(5).
Sept. 3, 1982, Pub. L. 97–248, § 506(e)(5), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(d)(2), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, § 103(c)(2), 106 Stat. 4877.
In subsection (a), the words “for each fiscal year” are omitted as surplus.
In subsection (b)(1), the words “Notwithstanding any other provision of law to the contrary” are omitted as surplus. The reference to “this chapter” is intended to include sections 48106 and 48107 of the revised title for accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section.
In subsection (b)(2), the words “for any fiscal year” are omitted as surplus.
In subsection (c), the words “be construed as” and “the purposes described in” are omitted as surplus.
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–264 substituted “1998” for “1996”.
1994—Subsec. (c). Pub. L. 103–305 substituted “1996” for “1995”.
heading: Effective Date of 1996 Amendment
text: Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
49 U.S.C. § 48109 (TRANSPORTATION)
§ 48109. Submission of budget information and legislative recommendations and comments
When the Administrator of the Federal Aviation Administration submits to the Secretary of Transportation, the President, or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48109
49 App.:2205(f).
Sept. 3, 1982, Pub. L. 97–248, § 506(f), 96 Stat. 679.
The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a). The words “or transmits . . . budget estimate, budget request, supplemental budget estimate, or other” and “thereof” are omitted as surplus.
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
49 U.S.C. § 48110 (TRANSPORTATION)
§ 48110. Facilities for advanced training of maintenance technicians for air carrier aircraft
For the fiscal years ending September 30, 1993–1995, amounts necessary to carry out section 44515 of this title may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain available until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1297.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
48110
49 App.:1354 (note).
Oct. 31, 1992, Pub. L. 102–581, § 119(d), 106 Stat. 4884.
The words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.