Historical and Revision Notes |
|---|
Pub. L. 103–272 |
|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
47101(a)(1) | 49 App.:2201(a)(1), (2). | Sept. 3, 1982, Pub. L. 97–248, §§ 502(a)(1)–(3), (6), (b), 509(b)(5) (1st sentence, last sentence words before 11th comma), 96 Stat. 671, 672, 684. |
| 49 App.:2201(a)(9). | Sept. 3, 1982, Pub. L. 97–248, § 502(a)(9), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), (c)(1), 101 Stat. 1487. |
| 49 App.:2201(a)(10). | Sept. 3, 1982, Pub. L. 97–248, § 502(a)(10), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), (c)(2), 101 Stat. 1487. |
47101(a)(2) | 49 App.:2201(a)(8). | Sept. 3, 1982, Pub. L. 97–248, § 502(a)(8), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), 101 Stat. 1487. |
47101(a)(3) | 49 App.:2201(a)(6). | |
47101(a)(4) | 49 App.:2201(a)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(7); added Dec. 30, 1987, Pub. L. 100–223, § 102(b)(2), 101 Stat. 1487. |
47101(a)(5) | 49 App.:2201(b) (1st sentence). | |
47101(a)(6) | 49 App.:2208(b)(5) (1st sentence). | |
47101(a)(7) | 49 App.:2201(a)(11). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(11); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488. |
47101(a)(8) | 49 App.:2201(a)(12). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(12); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, § 9109(a)(1), 104 Stat. 1388–356. |
47101(a)(9) | 49 App.:2201(a)(13). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(13); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §§ 9103(2), 9109(a)(2), 104 Stat. 1388–354, 1388–356. |
47101(a)(10) | 49 App.:2201(a)(14). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(14); added Nov. 5, 1990, Pub. L. 101–508, § 9109(a)(3), 104 Stat. 1388–356. |
47101(b) | 49 App.:2201(c). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(c), (d); added Oct. 31, 1992, Pub. L. 102–581, § 101, 106 Stat. 4875. |
47101(c) | 49 App.:2201(d). | |
47101(d) | 49 App.:2201(a)(5). | Sept. 3, 1982, Pub. L. 97–248, § 502(a)(5), 96 Stat. 671; Nov. 5, 1990, Pub. L. 101–508, § 9103(1), 104 Stat. 1388–354. |
47101(e) | 49 App.:2201(a)(3). | |
| 49 App.:2202(a)(20). | Sept. 3, 1982, Pub. L. 97–248, § 503(a)(20), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488. |
47101(f) | 49 App.:2201(a)(4). | Sept. 3, 1982, Pub. L. 97–248, § 502(a)(4), 96 Stat. 671; Dec. 30, 1987, Pub. L. 100–223, § 102(a), 101 Stat. 1487. |
47101(g) | 49 App.:2201(b) (2d, last sentences). | |
47101(h) | 49 App.:2208(b)(5) (last sentence words before 11th comma). | |
In subsection (a), before clause (1), the text of 49 App.:2201(a)(2), (9), and (10) is omitted as executed. The words “It is the policy of the United States” are substituted for “The Congress hereby . . . declares” in 49 App.:2201(a) (words before cl. (1)), “it is in the national interest” in 49 App.:2201(a)(12), “are not in the public interest and” in 49 App.:2201(a)(13), “It is declared to be in the national interest to” in 49 App.:2201(b), and “It is declared to be national policy that” in 49 App.:2208(b)(5) for consistency in the revised title and with other titles of the United States Code. In clause (1), the word “is” is substituted for “will continue to be” to eliminate unnecessary words. In clause (2), the words “with due regard” are omitted as surplus. In clause (3), the words “reliever airports make an important contribution to the efficient operation of the airport and airway system” are omitted as executed. In clause (4), the words “cargo hub airports play a critical role in the movement of commerce through the airport and airway system” are omitted as executed. In clause (5), the words “and promote” are omitted as surplus.
In subsection (d), the word “to” is substituted for “with due regard for the goals expressed therein of” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “The facilities provided may include” are substituted for “including” because of the restatement. Clause (2) is substituted for “reliever heliports” to incorporate the definition of that term from 49 App.:2202(a)(19) into this subsection.
In subsection (f), before clause (1), the words “the goal of” are omitted as surplus.
In subsection (g), the words “formulated” and “due” are omitted as surplus. The words “process of developing airport plans and programs” are substituted for “process” for clarity.
[Pub. L. 103–429]
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of 1982 ([Public Law 97–248], [96 Stat. 671]) to the corresponding cross-reference of title 49, United States Code.
Amendments
2012—Subsec. (g)(2)(C), (D). [Pub. L. 112–95] added subpar. (C) and redesignated former subpar. (C) as (D).
2000—Subsec. (a)(5). [Pub. L. 106–181, § 137(a)], amended par. (5) generally. Prior to amendment, par. (5) read as follows: “to encourage the development of transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;”.
Subsec. (a)(11). [Pub. L. 106–181, § 121(a)], inserted “(including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices)” after “employ innovative technology”.
Subsec. (f)(11). [Pub. L. 106–181, § 121(b)], added par. (11).
1996—Subsec. (g). [Pub. L. 104–264] substituted “Intermodal Planning” for “Cooperation” in heading and amended text generally. Prior to amendment, text read as follows: “To carry out the policy of subsection (a)(5) of this section, the Secretary of Transportation shall cooperate with State and local officials in developing airport plans and programs that are based on overall transportation needs. The airport plans and programs shall be developed in coordination with other transportation planning and considering comprehensive long-range land-use plans and overall social, economic, environmental, system performance, and energy conservation objectives. The process of developing airport plans and programs shall be continuing, cooperative, and comprehensive to the degree appropriate to the complexity of the transportation problems.”
1994—Subsec. (a)(11). [Pub. L. 103–305, § 104], added par. (11).
Subsec. (a)(12). [Pub. L. 103–429] substituted “subchapter” for “Act”.
[Pub. L. 103–305, § 110], added par. (12).
Subsec. (a)(13). [Pub. L. 103–305, § 110], added par. (13).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by [Pub. L. 106–181] applicable only to fiscal years beginning after Sept. 30, 1999, see [section 3 of Pub. L. 106–181], set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by [Pub. L. 104–264] applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see [section 3 of Pub. L. 104–264], set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by [Pub. L. 103–429] effective July 5, 1994, see [section 9 of Pub. L. 103–429], set out as a note under section 321 of this title.
Limited Regulation of Non-Federally Sponsored Property
[Pub. L. 115–254, div. B, title I, § 163(a)]–(c), Oct. 5, 2018, [132 Stat. 3224], provided that:“(a)
In General.—
Except as provided in subsection (b), the Secretary of Transportation may not directly or indirectly regulate—
“(1)
the acquisition, use, lease, encumbrance, transfer, or disposal of land by an airport owner or operator;
“(2)
any facility upon such land; or
“(3)
any portion of such land or facility.
“(b)
Exceptions.—
Subsection (a) does not apply to—
“(1)
any regulation ensuring—
“(A)
the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations;
“(B)
that an airport owner or operator receives not less than fair market value in the context of a commercial transaction for the use, lease, encumbrance, transfer, or disposal of land, any facilities on such land, or any portion of such land or facilities; or
“(C)
that the airport pays not more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land;
“(2)
any regulation imposed with respect to land or a facility acquired or modified using Federal funding; or
“(3)
any authority contained in—
“(A)
a Surplus Property Act [of 1944, [act Oct. 3, 1944, ch. 479], [58 Stat. 765]] instrument of transfer, or
“(c)
Rule of Construction.—
Nothing in this section [enacting this note and amending
section 47107 of this title] shall be construed to affect the applicability of sections [sic] 47107(b) or 47133 of title 49, United States Code, to revenues generated by the use, lease, encumbrance, transfer, or disposal of land under subsection (a), facilities upon such land, or any portion of such land or facilities.”
Reimbursable Agreements for Certain Airport Projects
[Pub. L. 114–307, § 1], Dec. 16, 2016, [130 Stat. 1523], provided that: “The Administrator of the Federal Aviation Administration may enter into a reimbursable agreement with a State or local government agency to carry out a project at an airport as to which notice is required under section 77.9 of title 14, Code of Federal Regulations, if the agreement—“(1)
includes measures for cost-effective completion of such project; and
“(2)
would not negatively affect the safety or efficiency of the national airspace system.”
Runway Safety
[Pub. L. 112–95, title III, § 314], Feb. 14, 2012, [126 Stat. 67], provided that:“(a)
Strategic Runway Safety Plan.—
“(1)
In general.—
Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop and submit to Congress a report containing a strategic runway safety plan.
“(2)
Contents of plan.—
The strategic runway safety plan—
“(A)
shall include, at a minimum—
“(i)
goals to improve runway safety;
“(ii)
near- and long-term actions designed to reduce the severity, number, and rate of runway incursions, losses of standard separation, and operational errors;
“(iii)
time frames and resources needed for the actions described in clause (ii);
“(iv)
a continuous evaluative process to track performance toward the goals referred to in clause (i); and
“(v)
a review with respect to runway safety of every commercial service airport (as defined in
section 47102 of title 49, United States Code) in the United States and proposed action to improve airport lighting, provide better signs, and improve runway and taxiway markings at those airports; and
“(B)
shall address the increased runway safety risk associated with the expected increased volume of air traffic.
“(b)
Process.—
Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall develop a process for tracking and investigating operational errors, losses of standard separation, and runway incursions that includes procedures for—
“(1)
identifying who is responsible for tracking operational errors, losses of standard separation, and runway incursions, including a process for lower level employees to report to higher supervisory levels and for frontline managers to receive the information in a timely manner;
“(2)
conducting periodic random audits of the oversight process; and
“(3)
ensuring proper accountability.
“(c)
Plan for Installation and Deployment of Systems To Provide Alerts of Potential Runway Incursions.—
Not later than June 30, 2012, the Administrator shall submit to Congress a report containing a plan for the installation and deployment of systems to alert air traffic controllers or flight crewmembers, or both, of potential runway incursions. The plan shall be integrated into the annual NextGen Implementation Plan of the Administration or any successor document.”
Availability of Gates and Other Essential Services
[Pub. L. 106–181, title I, § 155(d)], Apr. 5, 2000, [114 Stat. 89], provided that: “The Secretary [of Transportation] shall ensure that gates and other facilities are made available at costs that are fair and reasonable to air carriers at covered airports (as defined in section 47106(f)(4) [47106(f)(3)] of title 49, United States Code) where a ‘majority-in-interest clause’ of a contract or other agreement or arrangement inhibits the ability of the local airport authority to provide or build new gates or other facilities.”
Construction of Runways
[Pub. L. 106–181, title I, § 158], Apr. 5, 2000, [114 Stat. 90], provided that: “Notwithstanding any provision of law that specifically restricts the number of runways at a single international airport, the Secretary [of Transportation] may obligate funds made available under chapters 471 and 481 of title 49, United States Code, for any project to construct a new runway at such airport, unless this section is expressly repealed.”
Innovative Financing Techniques
[Pub. L. 104–264, title I, § 148], Oct. 9, 1996, [110 Stat. 3223], authorized the Secretary of Transportation until Sept. 30, 1998, to carry out a demonstration program to provide information on the use of innovative financing techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
Authority To Close Airport Located Near Closed or Realigned Military Base
[Pub. L. 104–264, title XII, § 1203], Oct. 9, 1996, [110 Stat. 3280], provided that: “Notwithstanding any other provision of a law, rule, or grant assurance, an airport that is not a commercial service airport may be closed by its sponsor without any obligation to repay grants made under chapter 471 of title 49, United States Code, the Airport and Airway Improvement Act of 1982 [see References in Text note set out under section 47108 of this title], or any other law if the airport is located within 2 miles of a United States Army depot which has been closed or realigned; except that in the case of disposal of the land associated with the airport, the part of the proceeds from the disposal that is proportional to the Government’s share of the cost of acquiring the land shall be paid to the Secretary of Transportation for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).”
Study on Innovative Financing
[Pub. L. 103–305, title V, § 520], Aug. 23, 1994, [108 Stat. 1601], required the Secretary to conduct a study on innovative approaches for using Federal funds to finance airport development as a means of supplementing financing available under the Airport Improvement Program and set out matters for the Secretary to consider and persons to consult, and provided that the Secretary would transmit to Congress a report on the results of the study not later than 12 months after Aug. 23, 1994.