SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.

SEC. 517. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT. (a) Nighttime Operations.— On and after November 1, 1994, nighttime operations (takeoffs and landings) at Aspen-Pitkin County Airport in the State of Colorado shall be allowed for a pilot operating under instrument flight rules or visual flight rules under parts 91 and 135 of title 14, Code of Federal Regulations, between 30 minutes after official sunset and 11 p.m., local time, as follows: (1) A pilot may operate under instrument flight rules between 30 minutes after official sunset and 11 p.m., local time (or such other operating hours as are established uniformly for all classes of operators), only if the pilot— (A) is granted clearance by air traffic control; (B) is instrument-rated; (C) is operating an aircraft that is equipped as required under section 91.205(d) of such title 14 for instrument flight; and (D) is operating an instrument approach or departure procedure approved by the Federal Aviation Administration. (2) A pilot may operate under visual flight rules between 30 minutes after official sunset and 11:00 p.m., local time (or such other operating hours as are established uniformly for all classes of operators), only if the pilot— (A) is instrument-rated; (B) has completed at least one takeoff or landing in the preceding 12 calendar months at such airport; and (C) operates an aircraft equipped as required under section 91.205(d) of such title 14 for instrument flight. (b) Commitments of Airport Owner or Operator.— The owner or operator of the Aspen-Pitkin County Airport shall be considered to be in compliance with the requirements of subchapter II of chapter 475 of title 49, United States Code, and not otherwise108 STAT. 1600 unjustly discriminatory when such owner or operator notifies the Administrator that such owner or operator— (1) commits to modify its existing regulation to expand access to general aviation operations under such special operating restrictions as are created under subsection (a) and such conditions applicable to aircraft noise certification as are currently in effect for night operations at such airport; and (2) commits permanently not to enforce its 1990 regulatory action eliminating the so-called “ski season exception” to its nighttime curfew. To remain in compliance, such owner or operator shall carry out both such commitments on or before November 1, 1994. (c) Mountain Flying.— The Administrator shall issue a notice of proposed rulemaking on mountain flying.