WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.

SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT. (a) Repeal.—Section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113, is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law. (b) Exemption for Aircraft Modification or Disposal, Scheduled Heavy Maintenance, or Leasing-Related Flights.—Section 47528 is amended— (1) in subsection (a) by striking “subsection (b)” and inserting “subsection (b) or (f)”; (2) in subsection (e) by adding at the end the following: “(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order— “(A) to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or “(B) conduct operations within the limitations of paragraph (2)(B).”; and (3) by adding at the end the following: “(f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, or Leasing.— “(1) In general.—The Secretary shall permit a person to operate after December 31, 1999, a stage 2 aircraft in nonrevenue service through the airspace of the United States or to Or from an airport in the contiguous 48 States in order to— “(A) sell, lease, or use the aircraft outside the contiguous 48 States; “(B) scrap the aircraft; “(C) obtain modifications to the aircraft to meet stage 3 noise levels; “(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States; “(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor; “(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or “(G) divert the aircraft to an alternative airport in the contiguous 48 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 subparagraphs (A) through (F). “(2) Procedure To Be Published.—Not later than 30 days after the date of the enactment of this subsection, the Secretary shall establish and publish a procedure to implement paragraph (1) through the use of categorical waivers, ferry permits, or other means. “(g) Statutory Construction.—Nothing in this section may be construed as interfering with, nullifying, or otherwise affecting 114 STAT. 165 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 November 1, 1999.”. (c) Noise Standards for Experimental Aircraft.— (1) In general.—Section 47528(a) is amended by inserting “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet". (2) Regulations.—Regulations contained in title 14, Code of Federal Regulations, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) on the date of the enactment of this Act. (d) Waivers for Aircraft Not Complying With Stage 3 Noise Levels.—Section 47528(b)(1) is amended— (1) in the first sentence by inserting “or foreign air carrier” after “air carrier”; and (2) by inserting after “January 1, 1999,” the following: “or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century”.