Page:United States Statutes at Large Volume 108 Part 2.djvu/575

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1291 (3) rescinded.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 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. §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 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. §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 aircr^t 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

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