Page:United States Statutes at Large Volume 104 Part 2.djvu/788

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104 STAT. 1388-380 PUBLIC LAW 101-508 —NOV. 5, 1990 (i) a local action to enforce a negotiated or executed airport aircraft noise or access agreement between the airport operator and the aircraft operator in effect on the date of the enactment of this Act; (ii) a local action to enforce a negotiated or executed airport aircraft noise or access restriction the airport operator and the aircraft operators agreed to before the date of the enactment of this Act; (iii) an intergovernmental agreement including airport aircraft noise or access restriction in effect on the date of the enactment of this Act; (iv) a subsequent amendment to an airport aircraft noise or access agreement or restriction in effect on the date of the enactment of this Act that does not reduce or limit aircraft operations or affect aircraft safety; (v)(1) a restriction which -was adopted by an airport operator on or before October 1, 1990, and which was stayed as of October 1, 1990, by a court order or as a result of litigation, if such restriction or a part thereof is subsequently allowed by a court to take effect; and (II) in any case in which a restriction described in subclause (I) is either partially or totally disallowed by a court, any new restriction imposed by an airport operator to replace such disallowed restriction if such new restriction would not prohibit aircraft operations in effect as of the date of the enactment of this Act; and (vi) a local action which represents the adoption of the final portion of a program of a staged airport aircraft noise or access restriction where the initial portion of such program was adopted during calendar year 1988 and was in effect on the date of the enactment of this Act. (D) ADDITIONAL WORKING GROUP EXEMPTIONS. —Subsections (b) and (d) shall not apply where the Federal Aviation Administration has prior to the date of the enactment of this Act formed a working group (outside the process established by part 150 of title 14 of the Code of Federal Regulations) with a local airport operator to examine the noise impact of air traffic control procedure changes. In any case in which an agreement relating to noise reductions at such airport is entered into between the airport proprietor and an air carrier or air carrier constituting a majority of the air carrier users of such airport, subsections (b) and (d) shall apply only to local actions to enforce such agreement, (b) LIMITATION ON STAGE 3 AIRCRAFT RESTRICTIONS. — No airport noise or access restriction on the operation of a Stage 3 aircraft, including but not limited to— (1) a restriction as to noise levels generated on either a single event or cumulative basis; (2) a limit, direct or indirect, on the total number of Stage 3 aircraft operations; (3) a noise budget or noise allocation program which would include Stage 3 aircraft; (4) a restriction imposing limits on hours of operations; and (5) any other limit on Stage 3 aircraft; shall be effective unless it has been agreed to by the airport proprietor and all aircraft operators or has been submitted to and ap-