§261-13.5  Promotion of safety and efficient
use of facilities where congestion occurs.  (a)  The legislature recognizes
that air traffic congestion constitutes a serious safety problem and reduces
the efficient and effective use of limited airspace and terminal facilities. 
The legislature also recognizes that the development of additional airports
will assist in the solution to such safety and efficiency problems, but that
such development may not always be a feasible or complete solution to such
problems.



Nevertheless, the legislature is determined
that all possible actions be taken to promote safety, to alleviate safety
hazards and to reduce congestion at airports under the State's control.  The
department of transportation shall do everything within its authority to
enhance the safe use of the State's airports and shall cooperate with
appropriate federal agencies and other affected parties to assist said agencies
in meeting their responsibility to alleviate safety hazards resulting from air
traffic congestion.  In carrying out this responsibility, the department shall
consider all possible alternatives including but not limited to reliever
airports and limiting the number of aircraft allowed to use state airports. 
The department shall take appropriate action to enhance safety and to alleviate
safety hazards, or, if legislative action is required, make appropriate
recommendations to the legislature.



(b)  To the fullest extent possible within the
State's authority to act in the area of airport and air traffic safety, the
department of transportation shall be responsible for promoting safe operating
conditions and alleviating safety hazards due to air traffic congestion at
airports under its control.  To this end, the department, in close cooperation
with appropriate federal authorities and other affected parties, shall examine
and conduct research into the causes of and solutions for safety problems at
such airports, especially those problems associated with air traffic
congestion.  Pursuant to sections 261-12 and 261-13, the director shall adopt
such rules and standards which may include the assignment of particular runways
for particular uses, the establishment of the number and types of aircraft
allowed to use each public airport, and the use of similar measures where such
actions may contribute to the segregation of different types of aircraft and to
the reduction of peak air traffic usage at airports under state control. [L
1980, c 308, §1; am L 1994, c 62, §2]