---
kind: "section"
citation: "49 U.S.C. § 47534"
title: "49"
title_heading: "Transportation"
number: "47534"
heading: "Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/47534"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part B — Airport Development and Noise"
  - "Chapter 475 — Noise"
  - "Subchapter II — National Aviation Noise Policy"
---

# §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](/usc/49/47501.md?p=1) in the [United States](/usc/49/40102.md?p=a-46) unless the Secretary of Transportation finds that the [aircraft](/usc/49/40102.md?p=a-6) complies with [stage 3 noise levels](/usc/49/47522.md?p=2).
- (b) **Aircraft Operations Outside 48 Contiguous States.—** [Subsection (a)](#a) shall not apply to [aircraft](/usc/49/40102.md?p=a-6) operated only outside the 48 contiguous States.
- (c) **Temporary Operations.—** The Secretary may allow temporary operation of an [aircraft](/usc/49/40102.md?p=a-6) otherwise prohibited from operation under [subsection (a)](#a) to or from an [airport](/usc/49/47501.md?p=1) in the contiguous [United States](/usc/49/40102.md?p=a-46) by granting a special flight authorization for one or more of the following circumstances:
  - (1) To sell, lease, or use the [aircraft](/usc/49/40102.md?p=a-6) outside the 48 contiguous States.
  - (2) To scrap the [aircraft](/usc/49/40102.md?p=a-6).
  - (3) To obtain modifications to the [aircraft](/usc/49/40102.md?p=a-6) to meet [stage 3 noise levels](/usc/49/47522.md?p=2).
  - (4) To perform scheduled heavy maintenance or significant modifications on the [aircraft](/usc/49/40102.md?p=a-6) at a maintenance facility located in the contiguous 48 States.
  - (5) To deliver the [aircraft](/usc/49/40102.md?p=a-6) to an operator leasing the [aircraft](/usc/49/40102.md?p=a-6) from the owner or return the [aircraft](/usc/49/40102.md?p=a-6) to the lessor.
  - (6) To prepare, park, or store the [aircraft](/usc/49/40102.md?p=a-6) in anticipation of any of the activities described in paragraphs [(1)](#c-1) through [(5)](#c-5).
  - (7) To provide transport of persons and goods in the relief of an emergency situation.
  - (8) To divert the [aircraft](/usc/49/40102.md?p=a-6) to an alternative [airport](/usc/49/47501.md?p=1) 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)](#c-1) through [(7)](#c-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)](#a) shall not be construed as a violation of [section 47107](/usc/49/47107.md) 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.

## Source credit

(Added Pub. L. 112–95, title V, § 506(a), Feb. 14, 2012, 126 Stat. 105.)

## Notes

### 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.