Page:United States Statutes at Large Volume 110 Part 5.djvu/212

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110 STAT. 3286 PUBLIC LAW 104-264—OCT. 9, 1996 "(3) may waive (in whole or in part) any requirement of this section (other than a requirement of this subsection or subsection (j)) that the Secretary determines is not Ukely to contribute significantly to public safety, "(j) EFFECTIVE DATE OF REGULATIONS.— Any regulations under this section shall not take effect before the 365th day following the date of publication of the final rule.". SEC. 1219. INCREASED FEES. (a) IN GENERAL.— Notwithstanding any other provision of law, the Surface Transportation Board shall not increase fees for services to be collected from small shippers in connection with rail maximum rate complaints pursuant to part 1002 of title 49, Code of Federal Regulations, Ex Parte No. 542. Effective date. (b) APPLICABILITY. —Subsection (a) shall no longer be effective after September 30, 1998. SEC. 1220. STRUCTURES INTERFERING WITH AIR COMMERCE. (a) LANDFILLS. — Section 44718 is amended by adding at the end the following: "(d) LANDFILLS. — For the purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill.. (b) CIVIL PENALTIES.— Section 46301 is amended by inserting "44718(d), after "44716," in each of subsections (a)(l)(A), (d)(2), and(f)(l)(A)(i). SEC. 1221. HAWAH CARGO. Notwithstanding any other provision of law, and for a period that shall not extend beyond September 30, 1998, an air carrier which commenced all-cargo tumgiround service during November 1995 with Stage 2 aircraft with a maximum weight of more than 75,000 pounds may operate no more than one Stage 2 aircrsift in all-cargo turnaround service and may also maintain a second such aircraft in reserve. The reserve aircraft may only be used as a replacement aircraft when the first aircraft is not airworthy or is unavailable due to closure of an airport at which the first aircraft is located in the State of Hawaii. SEC. 1222. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING DEVICES ON VESSELS. Subsection (b)(2) of section 5 of the Act of January 2, 1951 (commonly referred to as the "Johnson Act") (64 Stat. 1135, chapter 1194; 15 U.S.C. 1175), is amended by adding at the end the following: "(C) EXCLUSION OF CERTAIN VOYAGES AND SEGMENTS.— Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph