Page:United States Statutes at Large Volume 104 Part 2.djvu/766

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104 STAT. 1388-358 PUBLIC LAW 101-508—NOV. 5, 1990 "(ii) reduce noise resulting from an airport which is part of such system, or "(iii) furnish opportunities for enhanced competition between or among air carriers. " (3) LIMITATION REGARDING PASSENGERS OF AIR CARRIERS RECEIVING ESSENTIAL AIR SERVICE COMPENSATION. — If a passenger of an air carrier is being provided air service to an eligible point under section 419 for which compensation is being paid under such section, a public agency which controls any other airport may not impose a fee pursuant to this subsection for enplanement of such passenger with respect to such air service. "(4) LIMITATION REGARDING OBLIGATIONS.— No fee may be imposed pursuant to this subsection for a project which is not approved by the Secretary under this subsection on or before September 30, 1992— "(A) if, during fiscal years 1991 and 1992, the amount available for obligation, in the aggregate, under section 505 of Airport and Airway Improvement Act of 1982 is less than $3,700,000,000; or "(B)(i) if, during fiscal year 1991, the amount available for obligation, in the aggregate, under section 419 is less than $26,600,000; or "(ii) if, during fiscal year 1992, the amount available for obligation, in the aggregate, under section 419 is less than $38,600,000. "(5) LINKAGE.— The Secretary may not grant a public agency authority to impose a fee pursuant to this subsection unless the Secretary has— "(A) issued a final rule establishing a program for reviewing airport noise and access restrictions on operations of Stage 2 and Stage 3 aircraft pursuant to section 9304(a) of the Airport Noise and Capacity Act of 1990; and "(B) issued a notice of proposed rulemaking to consider more efficient allocation of existing capacity at high density airports under section 9126 of the Aviation Safety and Capacity Expansion Act of 1990. "(6) TWO ENPLANEMENTS PER TRIP LIMITATION. —Enplaned passengers on whom a fee may be imposed by a public agency pursuant to this subsection include passengers of air carriers originating or connecting at the commercial service airport which the agency controls. A fee may not be collected pursuant to this subsection from a passenger with respect to any enplanement of such passenger, on a one-way trip and on a trip in each direction of a round trip, after the second enplanement for which a fee has been collected pursuant to this subsection from such passenger. "(7) AIR CARRIER RATES, FEES, AND CHARGES. — "(A) TREATMENT OF FEE REVENUES. —Revenues derived from fees collected pursuant to this subsection shall not be treated as airport revenues for the purpose of establishing a rate, fee, or charge pursuant to a contract between a public agency which controls a commercial service airport and an air carrier. "(B) CAPITAL COSTS. — Except as provided by subparagraph (C), a public agency which controls a commercial service airport shall not include in its rate base by means of