Page:United States Statutes at Large Volume 104 Part 2.djvu/789

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-381 proved by the Secretary pursuant to an airport or aircraft operator's request for approvsil in accordance with the program established pursuant to this section. (c) LIMITATION ON STAGE 2 AIRCRAFT RESTRICTIONS. — No giirport noise or access restriction shall include a restriction on operations of Stage 2 aircraft, unless the airport operator publishes the proposed noise or access restriction and prepares and makes available for public comment at least 180 days before the effective date of the restriction— (1) an analysis of the anticipated or actual costs and benefits of the existing or proposed noise or access restriction; (2) a description of alternative restrictions; and (8) a description of the alternative measures considered which do not involve aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to the costs and benefits of the proposed noise or access restriction. (d) APPROVAL OF STAGE 3 AIRCRAFT RESTRICTIONS. — (1) IN GENERAL. —Not later than the 180th day after the date on which the Secretary receives an airport or aircraft operator's request for approval of a noise or access restriction on the operation of a Stage 3 aircraft, the Secretary shall approve or disapprove such request. (2) REQUIRED FINDINGS.—The Secretary shall not approve a noise or access restriction applying to Stage 3 aircraft operations unless the Secretary finds the following conditions to be supported by substantial evidence: (A) The proposed restriction is reasonable, nonarbitrary, and nondiscriminatory. (B) The proposed restriction does not create an undue burden on interstate or foreign commerce. (C) The proposed restriction is not inconsistent with maintaining the safe and efficient utilization of the navigable airspace. (D) The proposed restriction does not conflict with any existing Federal statute or regulation. (E) There has been an adequate opportunity for public comment with respect to the restriction. (F) The proposed restriction does not create an undue burden on the national aviation system. (e) INELIGIBILITY FOR PFC'S AND AIP FUNDS.— Sponsors of facilities operating under airport aircraft noise or access restrictions on Stage 3 aircraft operations that first became effective after October 1, 1990, shall not be eligible to impose a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 and shall not be eligible for grants authorized by section 505 of the Airport and Airway Improvement Act of 1982 after the 90th day following the date on which the Secretary issues a final rule under section 9304(a) of this Act, unless such restrictions have been agreed to by the airport proprietor and aircraft operators or the Secretary has approved the restrictions under this subtitle or the restrictions have been rescinded. (f) REEVALUATION. — The Secretary may reevaluate any noise restrictions previously agreed to or approved under subsection (d) upon the request of any 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 and that a review and reevaluation pursuant to the criteria established under subsection

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