CHAPTER 475 -- NOISE                               
                                                                               
                      SUBCHAPTER I -- NOISE ABATEMENT                          
      Sec.                                                                     
      47501.  Definitions.                                                     
      47502.  Noise measurement and exposure systems and identifying           
              land use compatible with noise exposure.                         
      47503.  Noise exposure maps.                                             
      47504.  Noise compatibility programs.                                    
      47505.  Airport noise compatibility planning grants.                     
      47506.  Limitations on recovering damages for noise.                     
      47507.  Nonadmissibility of noise exposure map and related               
              information as evidence.                                         
      47508.  Noise standards for air carriers and foreign air carriers        
              providing foreign air transportation.                            
                                                                               
              SUBCHAPTER II -- NATIONAL AVIATION NOISE POLICY                  
      47521.  Findings.                                                        
      47522.  Definitions.                                                     
      47523.  National aviation noise policy.                                  
      47524.  Airport noise and access restriction review program.             
      47525.  Decision about airport noise and access restrictions on          
              certain stage  2 aircraft.                                       
      47526.  Limitations for noncomplying airport noise and access            
              restrictions.                                                    
      47527.  Liability of the United States Government for noise              
              damages.                                                         
      47528.  Prohibition on operating certain aircraft not complying          
              with stage 3 noise levels.                                       
      47529.  Nonaddition rule.                                                
      47530.  Nonapplication of sections 47528(a)-(d) and 47529 to             
              aircraft outside the 48 contiguous States.                       
      47531.  Penalties for violating sections 47528-47530.                    
      47532.  Judicial review.                                                 
      47533.  Relationship to other laws.                                      
                                                                               
                      SUBCHAPTER I -- NOISE ABATEMENT                          
                                                                               
      Sec. 47501. Definitions                                                  
            In this subchapter --                                              
                (1) "airport" means a public-use airport as defined in         
            section 47102 of this title.                                       
                (2) "airport operator" means --                                
                    (A) for an airport serving air carriers that have          
                certificates from the Secretary of Transportation, any         
                person holding an airport operating certificate issued         
                under section 44706 of this title; and                         
                    (B) for any other airport, the person operating the        
                airport.                                                       
                                                                               
      Sec. 47502. Noise measurement and exposure systems and                   
      identifying land use  compatible with noise exposure After               
      consultation with the Administrator of the Environmental                 
      Protection Agency and United States Government, State, and               
      interstate agencies that the Secretary of Transportation                 
      considers appropriate, the Secretary shall by regulation --              
                (1) establish a single system of measuring noise               
            that --                                                            
                    (A) has a highly reliable relationship between             
                projected noise exposure and surveyed reactions of             
                individuals to noise; and                                      
                    (B) is applied uniformly in measuring noise at             
                airports and the surrounding area;                             
                (2) establish a single system for determining the              
            exposure of individuals to noise resulting from airport            
            operations, including noise intensity, duration, frequency,        
            and time of occurrence; and                                        
                (3) identify land uses normally compatible with various        
            exposures of individuals to noise.                                 
                                                                               
      Sec. 47503. Noise exposure maps                                          
            (a) Submission and Preparation. -- An airport operator may         
      submit to the Secretary of Transportation a noise exposure map           
      showing the noncompatible uses in each area of the map on the            
      date the map is submitted, a description of estimated aircraft           
      operations during 1985, and how those operations will affect the         
      map.  The map shall --                                                   
                (1) be prepared in consultation with public agencies           
            and planning authorities in the area surrounding the               
            airport; and                                                       
                (2) comply with regulations prescribed under section           
            47502 of this title.                                               
            (b) Revised Maps. -- If a change in the operation of an            
      airport will establish a substantial new noncompatible use in an         
      area surrounding the airport, the airport operator shall submit a        
      revised noise exposure map to the Secretary showing the new              
      noncompatible use.                                                       
                                                                               
      Sec. 47504. Noise compatibility programs                                 
            (a) Submissions. -- (1) An airport operator that submitted         
      a noise exposure map and related information under section               
      47503(a) of this title may submit a noise compatibility program          
      to the Secretary of Transportation after --                              
                (A) consulting with public agencies and planning               
            authorities in the area surrounding the airport, United            
            States Government officials having local responsibility for        
            the airport, and air carriers using the airport; and               
                (B) notice and an opportunity for a public hearing.            
            (2) A program submitted under paragraph (1) of this                
      subsection shall state the measures the operator has taken or            
      proposes to take to reduce existing noncompatible uses and               
      prevent introducing additional noncompatible uses in the area            
      covered by the map.  The measures may include --                         
                (A) establishing a preferential runway system;                 
                (B) restricting the use of the airport by a type or            
            class of aircraft because of the noise characteristics of          
            the aircraft;                                                      
                (C) constructing barriers and acoustical shielding and         
            soundproofing public buildings;                                    
                (D) using flight procedures to control the operation of        
            aircraft to reduce exposure of individuals to noise in the         
            area surrounding the airport; and                                  
                (E) acquiring land, air rights, easements, development         
            rights, and other interests to ensure that the property            
            will be used in ways compatible with airport operations.           
            (b) Approvals. -- (1) The Secretary shall approve or               
      disapprove a program submitted under subsection (a) of this              
      section (except as the program is related to flight procedures           
      referred to in subsection (a)(2)(D) of this section) not later           
      than 180 days after receiving it.  The Secretary shall approve           
      the program (except as the program is related to flight                  
      procedures referred to in subsection (a)(2)(D)) if the program --        
                (A) does not place an unreasonable burden on interstate        
            or foreign commerce;                                               
                (B) is reasonably consistent with achieving the goal of        
            reducing noncompatible uses and preventing the introduction        
            of additional noncompatible uses; and                              
                (C) provides for necessary revisions because of a              
            revised map submitted under section 47503(b) of this title.        
            (2) A program (except as the program is related to flight          
      procedures referred to in subsection (a)(2)(D) of this section)          
      is deemed to be approved if the Secretary does not act within the        
      180-day period.                                                          
            (3) The Secretary shall submit any part of a program               
      related to flight procedures referred to in subsection (a)(2)(D)         
      of this section to the Administrator of the Federal Aviation             
      Administration.  The Administrator shall approve or disapprove           
      that part of the program.                                                
            (c) Grants. -- (1) The Secretary may incur obligations to          
      make grants from amounts available under section 48103 of this           
      title to carry out a project under a part of a noise                     
      compatibility program approved under subsection (b) of this              
      section.  A grant may be made to --                                      
                (A) an airport operator submitting the program;                
                (B) a unit of local government in the area surrounding         
            the airport, if the Secretary decides the unit is able to          
            carry out the project;                                             
                (C) an airport operator or unit of local government            
            referred to in clause (A) or (B) of this paragraph to carry        
            out any part of a program developed before February 18,            
            1980, or before implementing regulations were prescribed,          
            if the Secretary decides the program is substantially              
            consistent with reducing existing noncompatible uses and           
            preventing the introduction of additional noncompatible            
            uses and the purposes of this chapter will be furthered by         
            promptly carrying out the program; and                             
                (D) an airport operator or unit of local government            
            referred to in clause (A) or (B) of this paragraph to              
            soundproof a building in the noise impact area surrounding         
            the airport that is used primarily for educational or              
            medical purposes and that the Secretary decides is                 
            adversely affected by airport noise.                               
            (2) An airport operator may agree to make a grant made             
      under paragraph (1)(A) of this subsection available to a public          
      agency in the area surrounding the airport if the Secretary              
      decides the agency is able to carry out the project.                     
            (3) The Government's share of a project for which a grant          
      is made under paragraph (1) of this subsection is the greater            
      of --                                                                    
                (A) 80 percent of the cost of the project; or                  
                (B) the Government's share that would apply if the             
            amounts available for the project were made available under        
            subchapter I of chapter 471 of this title for a project at         
            the airport.                                                       
            (4) The provisions of subchapter I of chapter 471 of this          
      title related to grants apply to a grant made under this chapter,        
      except --                                                                
                (A) section 47109(a) and (b) of this title; and                
                (B) any provision that the Secretary decides is                
            inconsistent with, or unnecessary to carry out, this               
            chapter.                                                           
            (d) Government Relief From Liability. -- The Government is         
      not liable for damages from aviation noise because of action             
      taken under this section.                                                
                                                                               
      Sec. 47505. Airport noise compatibility planning grants                  
            (a) General Authority. -- The Secretary of Transportation          
      may make a grant to a sponsor of an airport to develop, for              
      planning purposes, information necessary to prepare and submit --        
                (1) a noise exposure map and related information under         
            section 47503 of this title, including the cost of                 
            obtaining the information; or                                      
                (2) a noise compatibility program under section 47504          
            of this title.                                                     
            (b) Availability of Amounts and Government's Share of              
      Costs. -- A grant under subsection (a) of this section may be            
      made from amounts available under section 48103 of this title.           
      The United States Government's share of the grant is the percent         
      for which a project for airport development at an airport would          
      be eligible under section 47109(a) and (b) of this title.                
                                                                               
      Sec. 47506. Limitations on recovering damages for noise                  
            (a) General Limitations. -- A person acquiring an interest         
      in property after February 18, 1980, in an area surrounding an           
      airport for which a noise exposure map has been submitted under          
      section 47503 of this title and having actual or constructive            
      knowledge of the existence of the map may recover damages for            
      noise attributable to the airport only if, in addition to any            
      other elements for recovery of damages, the person shows that --         
                (1) after acquiring the interest, there was a                  
            significant --                                                     
                    (A) change in the type or frequency of aircraft            
                operations at the airport;                                     
                    (B) change in the airport layout;                          
                    (C) change in flight patterns; or                          
                    (D) increase in nighttime operations; and                  
                (2) the damages resulted from the change or increase.          
            (b) Constructive Knowledge. -- Constructive knowledge of           
      the existence of a map under subsection (a) of this section shall        
      be imputed, at a minimum, to a person if --                              
                (1) before the person acquired the interest, notice of         
            the existence of the map was published at least 3 times in         
            a newspaper of general circulation in the county in which          
            the property is located; or                                        
                (2) the person is given a copy of the map when                 
            acquiring the interest.                                            
                                                                               
      Sec. 47507. Nonadmissibility of noise exposure map and related           
      information as evidence                                                  
            No part of a noise exposure map or related information             
      described in section 47503 of this title that is submitted to, or        
      prepared by, the Secretary of Transportation and no part of a            
      list of land uses the Secretary identifies as normally compatible        
      with various exposures of individuals to noise may be admitted           
      into evidence or used for any other purpose in a civil action            
      asking for relief for noise resulting from the operation of an           
      airport.                                                                 
                                                                               
      Sec. 47508. Noise standards for air carriers and foreign air             
      carriers providing foreign air transportation                            
            (a) General Requirements. -- The Secretary of                      
      Transportation shall require each air carrier and foreign air            
      carrier providing foreign air transportation to comply with noise        
      standards --                                                             
                (1) the Secretary prescribed for new subsonic aircraft         
            in regulations of the Secretary in effect on January 1,            
            1977; or                                                           
                (2) of the International Civil Aviation Organization           
            that are substantially compatible with standards of the            
            Secretary for new subsonic aircraft in regulations of the          
            Secretary at parts 36 and 91 of title 14, Code of Federal          
            Regulations, prescribed between January 2, 1977, and               
            January 1, 1982.                                                   
            (b) Compliance at Phased Rate. -- The Secretary shall              
      require each air carrier and foreign air carrier providing               
      foreign air transportation to comply with the noise standards at         
      a phased rate similar to the rate for aircraft registered in the         
      United States.                                                           
            (c) Nondiscrimination. -- The requirement for air carriers         
      providing foreign air transportation may not be more stringent           
      than the requirement for foreign air carriers.                           
                                                                               
              SUBCHAPTER II -- NATIONAL AVIATION NOISE POLICY                  
                                                                               
      Sec. 47521. Findings                                                     
            Congress finds that --                                             
                (1) aviation noise management is crucial to the                
            continued increase in airport capacity;                            
                (2) community noise concerns have led to uncoordinated         
            and inconsistent restrictions on aviation that could impede        
            the national air transportation system;                            
                (3) a noise policy must be carried out at the national         
            level;                                                             
                (4) local interest in aviation noise management shall          
            be considered in determining the national interest;                
                (5) community concerns can be alleviated through the           
            use of new technology aircraft and the use of revenues,            
            including those available from passenger facility fees, for        
            noisem anagement;                                                  
                (6) revenues controlled by the United States Government        
            can help resolve noise problems and carry with them a              
            responsibility to the national airport system;                     
                (7) revenues derived from a passenger facility fee may         
            be applied to noise management and increased airport               
            capacity; and                                                      
                (8) a precondition to the establishment and collection         
            of a passenger facility fee is the prescribing by the              
            Secretary of Transportation of a regulation establishing           
            procedures for reviewing airport noise and access                  
            restrictions on operations of stage 2 and stage 3 aircraft.        
                                                                               
      Sec. 47522. Definitions                                                  
            In this subchapter --                                              
                (1) "air carrier", "air transportation", and "United           
            States" have the same meanings given those terms in section        
            40102(a) of this title.                                            
                (2) "stage 3 noise levels" means the stage 3 noise             
            levels in part 36 of title 14, Code of Federal Regulations,        
            in effect on November 5, 1990.                                     
                                                                               
      Sec. 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.         
                                                                               
      Sec. 47524. Airport noise and access restriction review program          
            (a) General Requirements. -- The national aviation noise           
      policy established under section 47523 of this title shall               
      provide for establishing by regulation a national program for            
      reviewing airport noise and access restrictions on the operation         
      of stage 2 and stage 3 aircraft.  The program shall provide for          
      adequate public notice and opportunity for comment on the                
      restrictions.                                                            
            (b) Stage 2 Aircraft. -- Except as provided in subsection          
      (d) of this section, an airport noise or access restriction may          
      include a restriction on the operation of stage 2 aircraft               
      proposed after October 1, 1990, only if the airport operator             
      publishes the proposed restriction and prepares and makes                
      available for public comment at least 180 days before the                
      effective date of the proposed restriction --                            
                (1) an analysis of the anticipated or actual costs and         
            benefits of the existing or proposed restriction;                  
                (2) a description of alternative restrictions;                 
                (3) a description of the alternative measures                  
            considered that do not involve aircraft restrictions; and          
                (4) a comparison of the costs and benefits of the              
            alternative measures to the costs and benefits of the              
            proposed restriction.                                              
            (c) Stage 3 Aircraft. -- (1) Except as provided in                 
      subsection (d) of this section, an airport noise or access               
      restriction on the operation of stage 3 aircraft not in effect on        
      October 1, 1990, may become effective only if the restriction has        
      been agreed to by the airport proprietor and all aircraft                
      operators or has been submitted to and approved by the Secretary         
      of Transportation after an airport or aircraft operator's request        
      for approval as provided by the program established under this           
      section.  Restrictions to which this paragraph applies include --        
                (A) a restriction on noise levels generated on either a        
            single event or cumulative basis;                                  
                (B) a restriction on the total number of stage 3               
            aircraft operations;                                               
                (C) a noise budget or noise allocation program that            
            would include stage 3 aircraft;                                    
                (D) a restriction on hours of operations; and                  
                (E) any other restriction on stage 3 aircraft.                 
            (2) Not later than 180 days after the Secretary receives an        
      airport or aircraft operator's request for approval of an airport        
      noise or access restriction on the operation of a stage 3                
      aircraft, the Secretary shall approve or disapprove the                  
      restriction.  The Secretary may approve the restriction only if          
      the Secretary finds on the basis of substantial evidence                 
      that --                                                                  
                (A) the restriction is reasonable, nonarbitrary, and           
            nondiscriminatory;                                                 
                (B) the restriction does not create an unreasonable            
            burden on interstate or foreign commerce;                          
                (C) the restriction is not inconsistent with                   
            maintaining the safe and efficient use of the navigable            
            airspace;                                                          
                (D) the restriction does not conflict with a law or            
            regulation of the United States;                                   
                (E) an adequate opportunity has been provided for              
            public comment on the restriction; and                             
                (F) the restriction does not create an unreasonable            
            burden on the national aviation system.                            
            (3) Paragraphs (1) and (2) of this subsection do not apply         
      if the Administrator of the Federal Aviation Administration,             
      before November 5, 1990, has formed a working group (outside the         
      process established by part 150 of title 14, Code of Federal             
      Regulations) with a local airport operator to examine the noise          
      impact of air 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 agreement.                                                
            (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 satisfaction 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 conducting 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 section, 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           
            operators;                                                         
                (2) approved by the Secretary as required by subsection        
            (c)(1) of this section; or                                         
                (3) rescinded.                                                 
      Sec. 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.           
                                                                               
      Sec. 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.                                                     
                                                                               
      Sec. 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.                                    
                                                                               
      Sec. 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 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          
            phaseout 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        
      operated 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.                                                                    
                                                                               
      Sec. 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.                                  
                                                                               
      Sec. 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.                                                            
                                                                               
      Sec. 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.                                               
                                                                               
      Sec. 47532. Judicial review                                              
            An action taken by the Secretary of Transportation under           
      sections 47528-47531 of this title is subject to judicial review         
      as provided under section 46110 of this title.                           
                                                                               
      Sec. 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.