NOISE AND ACCESS RESTRICTION REVIEWS.

SEC. 9304. NOISE AND ACCESS RESTRICTION REVIEWS. (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— 104 STAT. 1388–380 (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 air-port 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) (I) 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-104 STAT. 1388–381proved by the Secretary pursuant to an airport or aircraft operator’s request for approval in accordance with the program established pursuant to this section. (c) Limitation on Stage 2 Aircraft Restrictions.—No airport noise or access restriction shall include a restriction on operations of Stage 2 aircraft, unless the airport operator publishes the proposed noise or access restriction and prepares and makes available for public comment at least 180 days before the effective date of the restriction— (1) an analysis of the anticipated or actual costs and benefits of the existing or proposed noise or access restriction; (2) a description of alternative restrictions; and (3) a description of the alternative measures considered which do not involve aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to the costs and benefits of the proposed noise or access restriction. (d) Approval of Stage 3 Aircraft Restrictions.— (1) In general.—Not later than the 180th day after the date on which the Secretary receives an airport or aircraft operator’s request for approval of a noise or access restriction on the operation of a Stage 3 aircraft, the Secretary shall approve or disapprove such request. (2) Required findings.—The Secretary shall not approve a noise or access restriction applying to Stage 3 aircraft operations unless the Secretary finds the following conditions to be supported by substantial evidence: (A) The proposed restriction is reasonable, nonarbitrary, and non discriminatory. (B) The proposed restriction does not create an undue burden on interstate or foreign commerce. (C) The proposed restriction is not inconsistent with maintaining the safe and efficient utilization of the navigable airspace. (D) The proposed restriction does not conflict with any existing Federal statute or regulation. (E) There has been an adequate opportunity for public comment with respect to the restriction. (F) The proposed restriction does not create an undue burden on the national aviation system. (e) Ineligibility for PFC’s and AIP Funds.— >Sponsors of facilities operating under airport aircraft noise or access restrictions on Stage 3 aircraft operations that first became effective after October 1, 1990, shall not be eligible to impose a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 and shall not be eligible for grants authorized by section 505 of the Airport and Airway Improvement Act of 1982 after the 90th day following the date on which the Secretary issues a final rule under section 9304(a) of this Act, unless such restrictions have been agreed to by the airport proprietor and aircraft operators or the Secretary has approved the restrictions under this subtitle or the restrictions have been rescinded. (f) Reevaluation.—The Secretary may reevaluate any noise restrictions previously agreed to or approved under subsection (d) upon the request of any aircraft operator able to demonstrate to the satisfaction of the Secretary that there has been a change in the noise environment of the affected airport and that a review and reevaluation pursuant to the criteria established under subsection 104 STAT. 1388–382 (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 réévaluations under subsection (0 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.