Page:United States Statutes at Large Volume 104 Part 2.djvu/790

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104 STAT. 1388-382 PUBLIC LAW 101-508—NOV. 5, 1990 (d) of the previously approved or agreed to noise restriction is therefore justified. (g) PROCEDURES FOR REEVALUATION.—The Secretary shall establish by regulation procedures under which reevaluations under subsection (f) are to be accomplished. A reevaluation under subsection (f) of a restriction shall not occur less than 2 years after a determination under subsection (d) has been made with respect to such restriction. (h) EFFECT ON EXISTING LAW. — Except to the extent required by the application of the provisions of this section, nothing in this subtitle shall be deemed to eliminate, invalidate, or supersede— (1) existing law with respect to airport noise or access restrictions by local authorities; (2) any proposed airport noise or access regulation at a general aviation airport where the airport proprietor has formally initiated a regulatory or legislative process on or before October 1, 1990; and (3) the authority of the Secretary to seek and obtain such legal remedies as the Secretary considers appropriate, including injunctive relief. 49 USC app. SEC. 9305. DETERMINATION REGARDING NOISE RESTRICTIONS ON CER- 2154. TAIN STAGE 2 AIRCRAFT. The Secretary shall determine by a study the applicability of subsections (a), (b), (c), and (d) of section 9304 to noise restrictions on the operations of Stage 2 aircraft weighing less than 75,000 pounds. In making such determination, the Secretary shall consider— (1) noise levels produced by such aircraft relative to other aircraft; (2) the benefits to general aviation and the need for efficiency in the national air transportation system; (3) the differences in the nature of operations at airports and the areas immediately surrounding such airports; (4) international standards and accords with respect to aircraft noise; and (5) such other factors which the Secretary deems necessary. 49 USC app. SEC. 9306. FEDERAL LIABILITY FOR NOISE DAMAGES. In the event that a proposed airport aircraft noise or access restriction is disapproved, the Federal Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of such disapproval. Action for the resolution of such a case shall be brought solely in the United States Claims Court. 49 USC app. SEC. 9307. LIMITATION ON AIRPORT IMPROVEMENT PROGRAM REVENUE. pi EC Under no conditions shall any airport receive revenues under the provisions of the Airport and Airway Improvement Act of 1982 or impose or collect a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 unless the Secretary assures that the airport is not imposing any noise or access restriction not in compliance with this subtitle. 49 USC app. SEC. 9308. PROHIBITION ON OPERATION OF CERTAIN AIRCRAFT NOT 2157. COMPLYING WITH STAGE 3 NOISE LEVELS. (a) GENERAL RULE. —After December 31, 1999, no person may operate to or from an airport in the United States any civil subsonic