Page:United States Statutes at Large Volume 104 Part 2.djvu/779

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-371 SEC. 9126. ALLOCATION OF EXISTING CAPACITY AT CERTAIN AIRPORTS. (a) RULEMAKING.— The Secretary of Transportation shall, by July 1, 1991, initiate a rulemgiking proceeding to consider more efficient methods of allocating existing capacity at high density traffic airports in order to provide improved opportunities for operations by new entrant air carriers. (b) DEFINITION.—In this section, the term "new entrant air carrier", as used with respect to a high density traffic airport, means an air carrier having less than 12 operating rights at such airport. SEC. 9127. CERTIFICATE TRANSFERS. Section 401(h) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1371(h)) is amended— (1) by inserting "(1)" after "(h)"; and (2) by adding at the end the following new paragraphs: "(2) CERTIFICATION. — The Secretary of Transportation shall, upon any transfer of a certificate, certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives that the transfer is consistent with the public interest. "(3) ACCOMPANYING REPORT.— A certification under this subsection shall be accompanied by a report analyzing the effects of the transfer on— "(A) the viability of each of the carriers involved in the transfer; "(B) competition in the domestic airline industry,* and "(C) the trade position of the United States in the international air transportation market.". SEC. 9128. SEVERABILITY. 49 USC app. If any provision of this subtitle (including an amendment made by "°' this subtitle), or the application thereof to any person or circumstance, is held invalid, the remainder of this subtitle and the application of such provision to other persons of circumstances shall not be affected thereby. SEC. 9129. BUY AMERICAN. 49 USC app. (a) GENERAL RULE. —Notwithstanding any other provision of law, the Secretary of Transportation shall not obligate, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this subtitle, section 106(k) of title 49, United States Code, or the Airport and Airway Improvement Act of 1982 (other than section 506(b)) for any project unless steel and manufactured products used in such project are produced in the United States. (b) LIMITATIONS ON APPLICABILITY.— The provisions of subsection (a) of this section shall not apply where the Secretary finds— (1) that their application would be inconsistent with the public interest; (2) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (3) in the case of the procurement of facilities and equipment under the Airport and Airway Improvement Act of 1982 that (A) the cost of components and subcomponents which are produced in the United States is more than 60 percent of the cost of all components of the facility or equipment described in this ^* So in original. Probably shoilid be "industry,"-