Page:United States Statutes at Large Volume 104 Part 2.djvu/768

 104 STAT. 1388-360 PUBLIC LAW 101-508 —NOV. 5, 1990 "(B) CONTENT.—An application submitted under this paragraph shall contain such information and be in such form as the Secretary may require by regulation. "(C) OPPORTUNITY FOR CONSULTATION. — Before submission of an application under this paragraph, a public agency shall provide reasonable notice to, and an opportunity for consultation with, air carriers operating at the airport. The Secretary shall issue regulations which define reasonable notice and contain the following requirements at a minimum: "(i) A public agency must provide written notice— "(I) of individual projects being considered for funding through imposition of a fee pursuant to this subsection; and "(II) of the date and location of a meeting to present such projects to air carriers operating at the airport, "(ii) Not later than 30 days after the issuance of a written notice under clause (i), each air carrier operating at the airport must provide to the public agency written notice of receipt of such notice. Failure of an air carrier to provide such notice may be deemed as certification of agreement with the project by such air carrier under clause (iv). "(iii) Not later than 45 days after the issuance of written notice under clause (i), the public agency must conduct a meeting to provide air carriers— "(I) descriptions of projects; "(II) justifications for projects; and "(III) a detailed financial plan for projects, "(iv) Not later than 30 days after the date of such meeting, each air carrier must provide the public agency with certification of agreement or disagreement with projects (or total plan for such projects). The failure of an air carrier to submit such certification shall be deemed as certification of agreement with the project by such air carrier. Any certification of disagreement shall contain the reasons for such disagreement. The absence of such reasons will void the certification of disagreement. "(D) NOTICE AND OPPORTUNITY FOR COMMENT. —After receiving an application under this paragraph, the Secretary shall provide notice and an opportunity for comment by air carriers and other interested persons concerning such application. "(E) APPROVAL. —A fee may only be imposed pursuant to this subsection if the Secretary approves an application granting authority for the imposition of such fee. Not later than 120 days after the date of receipt of such an application, the Secretary shall make a final decision regarding approval of such application. "(12) RECORDKEEPING AND AUDITS.— "(A) WITH RESPECT TO COLLECTION OF FEES.— The Secretary shall issue regulations requiring such recordkeeping and auditing of accounts maintained by an air carrier and any agency thereof which is collecting a fee imposed pursuant to this subsection and by the public agency which is

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