CERTIFICATION OF SMALL AIRPORTS.

SEC. 404. CERTIFICATION OF SMALL AIRPORTS. (a) In General.— Section 44706(a) is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: “(2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and”; (3) by striking “and” at the end of paragraph (3), as redesignated by paragraph (1) of this subsection; (4) by striking “(3) when” and inserting “if”; and (5) by moving the matter following paragraph (3), as redesignated by paragraph (1) of this subsection, to the left flush full measure. (b) Commuter Airports.— Section 44706 is amended by adding at the end the following: “(d) Commuter Airports.— In developing the terms required by subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative 110 STAT. 3257that will provide comparable safety at airports described in subsections (a)(1) and (a)(2).”. (c) Effective Date.— Section 44706 is further amended by adding at the end the following: “(e) Effective Date.— Any regulation establishing the terms required by subsection (b) for airports covered by subsection (a)(2) shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days have elapsed following the date of such submission.”. (d) Limitation on Statutory Construction.— Section 44706 is further amended by adding at the end the following: “(f) Limitation on Statutory Construction.— Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport described in subsection (a).”.