Page:United States Statutes at Large Volume 108 Part 2.djvu/573

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1289 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 AIRCILVFT. — 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 fDrmed 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

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