§ 47124.
(a)
Government Relief From Liability.—
The Secretary of Transportation shall ensure that an agreement under this subchapter with a qualified entity (as determined by the Secretary), State, or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport facility relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the entity, State, or subdivision in operating the airport facility.
(d)
Criteria To Evaluate Participants.—
(1)
Timing of evaluations.—
(A)
Towers participating in cost-share program.—
In the case of an air traffic control tower that is operated under the Cost-share Program, the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower.
(B)
Towers participating in contract tower program.—
In the case of an air traffic control tower that is operated under the Contract Tower Program, the Secretary shall not calculate a benefit-to-cost ratio after the date of enactment of this subsection with respect to the tower unless the Secretary determines that the annual aircraft traffic at the airport where the tower is located has decreased—
(i)
by more than 25 percent from the previous year; or
(ii)
by more than 55 percent cumulatively in the preceding 3-year period.
(2)
Costs to be considered.—
In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall consider only the following costs:
(A)
The Federal Aviation Administration’s actual cost of wages and benefits of personnel working at the tower.
(B)
The Federal Aviation Administration’s actual telecommunications costs directly associated with the tower.
(C)
The Federal Aviation Administration’s costs of purchasing and installing any air traffic control equipment that would not have been purchased or installed except as a result of the operation of the tower.
(D)
The Federal Aviation Administration’s actual travel costs associated with maintaining air traffic control equipment that is owned by the Administration and would not be maintained except as a result of the operation of the tower.
(E)
Other actual costs of the Federal Aviation Administration directly associated with the tower that would not be incurred except as a result of the operation of the tower (excluding costs for noncontract tower-related personnel and equipment, even if the personnel or equipment is located in the contract tower building).
(3)
Other criteria to be considered.—
In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall add a 10 percentage point margin of error to the benefit-to-cost ratio determination to acknowledge and account for the direct and indirect economic and other benefits that are not included in the criteria the Secretary used in calculating that ratio.
(4)
Review of cost-benefit determinations.—
In issuing a benefit-to-cost ratio determination under this section with respect to an air traffic control tower located at an airport, the Secretary shall implement the following procedures:
(A)
The Secretary shall provide the airport (or the State or local government having jurisdiction over the airport) at least 90 days following the date of receipt of the determination to submit to the Secretary a request for an appeal of the determination, together with updated or additional data in support of the appeal.
(B)
Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall—
(i)
transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and
(ii)
provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review.
(C)
After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall—
(i)
provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and
(ii)
withhold from taking further action in connection with the appeal during that 30-day period.
(D)
If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the Cost-share Program, the Secretary shall not require a cost-share payment from the airport, State, or local government for 1 year following the last day of the 30-day period described in subparagraph (C).
([Pub. L. 103–272, § 1(e)], July 5, 1994, [108 Stat. 1276]; [Pub. L. 106–181, title I, § 131], Apr. 5, 2000, [114 Stat. 78]; [Pub. L. 108–7, div. I, title III, § 370(b)(1)], (2), Feb. 20, 2003, [117 Stat. 425], 426; [Pub. L. 108–176, title I, § 105], Dec. 12, 2003, [117 Stat. 2498]; [Pub. L. 112–55, div. C, title I, § 119], Nov. 18, 2011, [125 Stat. 649]; [Pub. L. 112–95, title I, § 147], Feb. 14, 2012, [126 Stat. 30]; [Pub. L. 113–76, div. L, title I, § 118], Jan. 17, 2014, [128 Stat. 581]; [Pub. L. 113–235, div. K, title I, § 118], Dec. 16, 2014, [128 Stat. 2704]; [Pub. L. 114–55, title I, § 102(c)], Sept. 30, 2015, [129 Stat. 523]; [Pub. L. 114–141, title I, § 102(c)], Mar. 30, 2016, [130 Stat. 323]; [Pub. L. 114–190, title I, § 1102(c)], July 15, 2016, [130 Stat. 617]; [Pub. L. 115–63, title I, § 102(d)], Sept. 29, 2017, [131 Stat. 1169]; [Pub. L. 115–141, div. M, title I, § 102(c)], Mar. 23, 2018, [132 Stat. 1046]; [Pub. L. 115–254, div. B, title I, § 133(a)]–(c), Oct. 5, 2018, [132 Stat. 3206–3208].)