Page:United States Statutes at Large Volume 104 Part 2.djvu/787

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-379 and provisions of this subtitle, including the phaseout and nonaddition of Stage 2 aircraft as provided in this subtitle and implementation dates and reporting requirements consistent with this subtitle and existing law. (b) BASIS.— The national aviation noise policy shall be based upon a detailed economic analysis of the impact of the phaseout date for Stage 2 aircraft on competition in the airline industry, including the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry, the impact of competition within the airline and aircargo industries, the impact on nonhub and small community air service, and the impact on new entry into the airline industry. (c) RECOMMENDATIONS. —Not later than July 1, 1991, the Secretary shall transmit to Congress recommendations on— (1) the need for changes in the standards and procedures which govern the rights of State and local governments (including airport authorities) to restrict aircraft operations for the purpose of limiting aircraft noise; (2) the need for changes in the standards and procedures which govern law suits by persons adversely affected by aircraft noise; (3) the need for changes in standards and procedures for Federal regulation of airspace (including the pattern of operations for the air traffic control system) in order to take better account of environmental effects; (4) the need for changes in the Federal program providing assistance for noise abatement planning and programs, including the need for greater incentives or mandatory requirements for local restrictions on the use of land impacted by aircraft noise; (5) whether any changes in policy recommended in paragraphs (1) through (4) should be accomplished through regulatory, administrative, or legislative action; and (6) specific legislative proposals necessary for implementing the national aviation noise policy. SEC. 9304. NOISE AND ACCESS RESTRICTION REVIEWS. 49 USC 2153. (a) IN GENERAL.— (1) ESTABLISHMENT OF PROGRAM. —The national aviation noise policy to be established under this subtitle shall require the establishment, by regulation, in accordance with the provisions of this section of a national program for reviewing airport noise and access restrictions on operations of Stage 2 and Stage 3 aircraft. Such program shall provide for adequate public notice and comment opportunities on such restrictions. (2) LIMITATIONS ON APPLICABILITY.— (A) APPLICABILITY DATE FOR STAGE 2 AIRCRAFT. — With respect to Stage 2 aircraft, the requirements set forth in subsection (c) shall apply only to restrictions proposed after October 1, 1990. (B) APPLICABILITY DATE FOR STAGE 3 AIRCRAFT. — With respect to Stage 3 aircraft, the requirements set forth in subsections (b) and (d) shall apply only to restrictions that first become effective after October 1, 1990. (C) SPECIFIC EXEMPTIONS.— Subsections (b), (c), and (d) shall not apply to—