49 U.S.C. § 47533 — Relationship to other laws

Page 1703 TITLE 49—TRANSPORTATION § 47533 ment (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.) 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. § 47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contig- uous 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 max- imum weight of more than 75,000 pounds that is imported into a noncontiguous State or a terri- tory or possession of the United States after No- vember 4, 1990, may be used to provide air trans- portation 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.) 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. § 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 chap- ter 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.) 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. PUB. L. 103–429 This amends 49:47531 to correct a grammatical error and erroneous cross-references. Editorial Notes AMENDMENTS 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT 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. § 47532. Judicial review An action taken by the Secretary of Transpor- tation under any of sections 47528–47531 or 47534 of this title is subject to judicial review as pro- vided 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.) 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. PUB. L. 103–429 This amends 49:47532 to correct an erroneous cross- reference. Editorial Notes AMENDMENTS 2012—Pub. L. 112–95 inserted ‘‘or 47534’’ after ‘‘47528–47531’’. 1994—Pub. L. 103–429 inserted ‘‘any of’’ before ‘‘sec- tions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT 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. § 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 air- port noise or access restrictions by local au- thorities; (2) any proposed airport noise or access re- striction at a general aviation airport if the airport proprietor has formally initiated a reg- ulatory or legislative process before October 2, 1990; or (3) the authority of the Secretary of Trans- portation 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.) 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. Page 1704 TITLE 49—TRANSPORTATION § 47534 § 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not com- plying 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 CONTIG- UOUS 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 sub- section (a) to or from an airport in the contig- uous 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 contig- uous 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 con- trol, or other safety reasons while conducting a flight in order to perform any of the activi- ties described in paragraphs (1) through (7). (d) REGULATIONS.—The Secretary may pre- scribe 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 determina- tions made by the Federal Aviation Adminis- tration, 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.) 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. PART C—FINANCING CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS Sec. 48101. Air navigation facilities and equipment. 48102. Research and development. 48103. Airport planning and development and noise compatibility planning and programs. 48104. Operations and maintenance. 48105. Weather reporting services. 48106. Airway science curriculum grants. 48107. Civil aviation security research and develop- ment. 48108. Availability and uses of amounts. 48109. Submission of budget information and legis- lative recommendations and comments. 48110. Facilities for advanced training of mainte- nance technicians for air carrier aircraft. 48111. Funding proposals. [48112. Repealed.] 48113. Reprogramming notification requirement. 48114. Funding for aviation programs. Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, div. B, title I, § 115, Oct. 5, 2018, 132 Stat. 3201, struck out item 48112 ‘‘Adjustment to AIP program funding’’. 2003—Pub. L. 108–176, title I, § 104(b), Dec. 12, 2003, 117 Stat. 2497, added item 48114. 2000—Pub. L. 106–181, title I, §§ 107(b), 108(b), Apr. 5, 2000, 114 Stat. 73, 74, added items 48112 and 48113. 1996—Pub. L. 104–264, title I, §§ 102(b)(2), 103(d)(2), title II, § 275(b), Oct. 9, 1996, 110 Stat. 3216, 3217, 3247, inserted ‘‘and equipment’’ after ‘‘facilities’’ in item 48101, sub- stituted ‘‘Operations and maintenance’’ for ‘‘Certain di- rect costs and joint air navigation services’’ in item 48104, and added item 48111. § 48101. Air navigation facilities and equipment (a) GENERAL AUTHORIZATION OF APPROPRIA- TIONS.—Not more than a total of the following 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 acquire, establish, and improve air navigation facilities under section 44502(a)(1)(A) of this title: (1) $3,191,250,000 for fiscal year 2024. (2) $3,575,000,000 for fiscal year 2025. (3) $3,625,000,000 for fiscal year 2026. (4) $3,675,000,000 for fiscal year 2027. (5) $3,725,000,000 for fiscal year 2028. (b) AVAILABILITY OF AMOUNTS.—Amounts ap- propriated under this section remain available until expended. (c) AUTHORIZED EXPENDITURES.—Of the amounts appropriated under subsection (a), such sums as may be necessary may be used for the following: (1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.