U.S. Congress - Text of H.R.658 as Introduced in House FAA Reauthorization and Reform Act of 2011
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Donate NowH.R.658 - FAA Reauthorization and Reform Act of 2011
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 44,418 | n/a | n/a |
| Reported in House | 45,430 | 147 | 5% |
| Engrossed in House | 52,626 | 233 | 25% |
| Received in Senate | 52,312 | 5 | 2% |
| Engrossed Amendment Senate | 66,642 | 2,272 | 95% |
| Enrolled Bill | 62,582 | 2,238 | 93% |
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HR 658 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 658CommentsClose CommentsPermalink
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
February 11, 2011CommentsClose CommentsPermalink
February 11, 2011CommentsClose CommentsPermalink
Mr. MICA (for himself, Mr. PETRI, Mr. HULTGREN, Mr. YOUNG of Alaska, Mr. GRAVES of Missouri, Mr. LONG, Mr. MEEHAN, Mr. HANNA, Mr. SOUTHERLAND, Mr. WESTMORELAND, Mr. GIBBS, Mr. BUCSHON, Mr. COHEN, Mrs. CAPITO, Mr. DENHAM, Mr. BARLETTA, Mr. FARENTHOLD, Mr. REED, Mr. COBLE, Mr. LANKFORD, Mr. SHUSTER, and Mr. GARY G. MILLER of California) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘FAA Reauthorization and Reform Act of 2011’.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Amendments to title 49, United States Code.CommentsClose CommentsPermalink
Sec. 3. Effective date.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility planning and programs.CommentsClose CommentsPermalink
Sec. 102. Air navigation facilities and equipment.CommentsClose CommentsPermalink
Sec. 103. FAA operations.CommentsClose CommentsPermalink
Sec. 104. Funding for aviation programs.CommentsClose CommentsPermalink
Sec. 105. Delineation of Next Generation Air Transportation System projects.CommentsClose CommentsPermalink
Sec. 106. Funding for administrative expenses for airport programs.CommentsClose CommentsPermalink
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charges.CommentsClose CommentsPermalink
Sec. 112. Airport access flexibility program.CommentsClose CommentsPermalink
Sec. 113. GAO study of alternative means of collecting PFCs.CommentsClose CommentsPermalink
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.CommentsClose CommentsPermalink
Sec. 122. Registration fees.CommentsClose CommentsPermalink
Subtitle D--Airport Improvement Program Modifications
Sec. 131. Airport master plans.CommentsClose CommentsPermalink
Sec. 132. AIP definitions.CommentsClose CommentsPermalink
Sec. 133. Recycling plans for airports.CommentsClose CommentsPermalink
Sec. 134. Contents of competition plans.CommentsClose CommentsPermalink
Sec. 135. Grant assurances.CommentsClose CommentsPermalink
Sec. 136. Agreements granting through-the-fence access to general aviation airports.CommentsClose CommentsPermalink
Sec. 137. Government share of project costs.CommentsClose CommentsPermalink
Sec. 138. Allowable project costs.CommentsClose CommentsPermalink
Sec. 139. Veterans’ preference.CommentsClose CommentsPermalink
Sec. 140. Standardizing certification of disadvantaged business enterprises.CommentsClose CommentsPermalink
Sec. 141. Special apportionment rules.CommentsClose CommentsPermalink
Sec. 142. Apportionments.CommentsClose CommentsPermalink
Sec. 143. Marshall Islands, Micronesia, and Palau.CommentsClose CommentsPermalink
Sec. 144. Designating current and former military airports.CommentsClose CommentsPermalink
Sec. 145. Contract tower program.CommentsClose CommentsPermalink
Sec. 146. Resolution of disputes concerning airport fees.CommentsClose CommentsPermalink
Sec. 147. Sale of private airports to public sponsors.CommentsClose CommentsPermalink
Sec. 148. Repeal of certain limitations on Metropolitan Washington Airports Authority.CommentsClose CommentsPermalink
Sec. 149. Midway Island Airport.CommentsClose CommentsPermalink
Sec. 150. Miscellaneous amendments.CommentsClose CommentsPermalink
Sec. 151. Extension of grant authority for compatible land use planning and projects by State and local governments.CommentsClose CommentsPermalink
Sec. 152. Priority review of construction projects in cold weather States.CommentsClose CommentsPermalink
Sec. 153. Study on national plan of integrated airport systems.CommentsClose CommentsPermalink
Sec. 154. Transfers of terminal area air navigation equipment to airport sponsors.CommentsClose CommentsPermalink
Sec. 155. Airport privatization program.CommentsClose CommentsPermalink
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION
Sec. 201. Definitions.CommentsClose CommentsPermalink
Sec. 202. NextGen demonstrations and concepts.CommentsClose CommentsPermalink
Sec. 203. Clarification of authority to enter into reimbursable agreements.CommentsClose CommentsPermalink
Sec. 204. Chief NextGen Officer.CommentsClose CommentsPermalink
Sec. 205. Definition of air navigation facility.CommentsClose CommentsPermalink
Sec. 206. Clarification to acquisition reform authority.CommentsClose CommentsPermalink
Sec. 207. Assistance to foreign aviation authorities.CommentsClose CommentsPermalink
Sec. 208. Next Generation Air Transportation System Joint Planning and Development Office.CommentsClose CommentsPermalink
Sec. 209. Next Generation Air Transportation Senior Policy Committee.CommentsClose CommentsPermalink
Sec. 210. Improved management of property inventory.CommentsClose CommentsPermalink
Sec. 211. Automatic dependent surveillance-broadcast services.CommentsClose CommentsPermalink
Sec. 212. Expert review of enterprise architecture for NextGen.CommentsClose CommentsPermalink
Sec. 213. Acceleration of NextGen technologies.CommentsClose CommentsPermalink
Sec. 214. Performance metrics.CommentsClose CommentsPermalink
Sec. 215. Certification standards and resources.CommentsClose CommentsPermalink
Sec. 216. Surface systems acceleration.CommentsClose CommentsPermalink
Sec. 217. Inclusion of stakeholders in air traffic control modernization projects.CommentsClose CommentsPermalink
Sec. 218. Siting of wind farms near FAA navigational aids and other assets.CommentsClose CommentsPermalink
Sec. 219. Airspace redesign.CommentsClose CommentsPermalink
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Judicial review of denial of airman certificates.CommentsClose CommentsPermalink
Sec. 302. Release of data relating to abandoned type certificates and supplemental type certificates.CommentsClose CommentsPermalink
Sec. 303. Design and production organization certificates.CommentsClose CommentsPermalink
Sec. 304. Aircraft certification process review and reform.CommentsClose CommentsPermalink
Sec. 305. Consistency of regulatory interpretation.CommentsClose CommentsPermalink
Sec. 306. Runway safety.CommentsClose CommentsPermalink
Sec. 307. Improved pilot licenses.CommentsClose CommentsPermalink
Sec. 308. Flight attendant fatigue.CommentsClose CommentsPermalink
Sec. 309. Flight Standards Evaluation Program.CommentsClose CommentsPermalink
Sec. 310. Cockpit smoke.CommentsClose CommentsPermalink
Sec. 311. Safety of air ambulance operations.CommentsClose CommentsPermalink
Sec. 312. Off-airport, low-altitude aircraft weather observation technology.CommentsClose CommentsPermalink
Sec. 313. Feasibility of requiring helicopter pilots to use night vision goggles.CommentsClose CommentsPermalink
Sec. 314. Prohibition on personal use of electronic devices on flight deck.CommentsClose CommentsPermalink
Sec. 315. Noncertificated maintenance providers.CommentsClose CommentsPermalink
Sec. 316. Inspection of foreign repair stations.CommentsClose CommentsPermalink
Sec. 317. Sunset of line check.CommentsClose CommentsPermalink
Subtitle B--Unmanned Aircraft Systems
Sec. 321. Definitions.CommentsClose CommentsPermalink
Sec. 322. Commercial unmanned aircraft systems integration plan.CommentsClose CommentsPermalink
Sec. 323. Special rules for certain unmanned aircraft systems.CommentsClose CommentsPermalink
Sec. 324. Public unmanned aircraft systems.CommentsClose CommentsPermalink
Subtitle C--Safety and Protections
Sec. 331. Postemployment restrictions for flight standards inspectors.CommentsClose CommentsPermalink
Sec. 332. Review of air transportation oversight system database.CommentsClose CommentsPermalink
Sec. 333. Improved voluntary disclosure reporting system.CommentsClose CommentsPermalink
Sec. 334. Aviation Whistleblower Investigation Office.CommentsClose CommentsPermalink
Sec. 335. Duty periods and flight time limitations applicable to flight crewmembers.CommentsClose CommentsPermalink
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Essential Air Service
Sec. 401. Essential air service marketing.CommentsClose CommentsPermalink
Sec. 402. Notice to communities prior to termination of eligibility for subsidized essential air service.CommentsClose CommentsPermalink
Sec. 403. Essential air service contract guidelines.CommentsClose CommentsPermalink
Sec. 404. Essential air service reform.CommentsClose CommentsPermalink
Sec. 405. Small community air service.CommentsClose CommentsPermalink
Sec. 406. Adjustments to compensation for significantly increased costs.CommentsClose CommentsPermalink
Sec. 407. Repeal of EAS local participation program.CommentsClose CommentsPermalink
Sec. 408. Sunset of essential air service program.CommentsClose CommentsPermalink
Subtitle B--Passenger Air Service Improvements
Sec. 421. Smoking prohibition.CommentsClose CommentsPermalink
Sec. 422. Monthly air carrier reports.CommentsClose CommentsPermalink
Sec. 423. Flight operations at Ronald Reagan Washington National Airport.CommentsClose CommentsPermalink
Sec. 424. Musical instruments.CommentsClose CommentsPermalink
Sec. 425. Passenger air service improvements.CommentsClose CommentsPermalink
Sec. 426. Airfares for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 427. Review of air carrier flight delays, cancellations, and associated causes.CommentsClose CommentsPermalink
Sec. 428. Denied boarding compensation.CommentsClose CommentsPermalink
Sec. 429. Compensation for delayed baggage.CommentsClose CommentsPermalink
Sec. 430. Schedule reduction.CommentsClose CommentsPermalink
Sec. 431. DOT airline consumer complaint investigations.CommentsClose CommentsPermalink
Sec. 432. Study of operators regulated under part 135.CommentsClose CommentsPermalink
TITLE V--ENVIRONMENTAL STREAMLINING
Sec. 501. Overflights of national parks.CommentsClose CommentsPermalink
Sec. 502. State block grant program.CommentsClose CommentsPermalink
Sec. 503. NextGen environmental efficiency projects streamlining.CommentsClose CommentsPermalink
Sec. 504. Airport funding of special studies or reviews.CommentsClose CommentsPermalink
Sec. 505. Noise compatibility programs.CommentsClose CommentsPermalink
Sec. 506. Grant eligibility for assessment of flight procedures.CommentsClose CommentsPermalink
Sec. 507. Determination of fair market value of residential properties.CommentsClose CommentsPermalink
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.CommentsClose CommentsPermalink
Sec. 509. Aircraft departure queue management pilot program.CommentsClose CommentsPermalink
Sec. 510. High performance, sustainable, and cost-effective air traffic control facilities.CommentsClose CommentsPermalink
Sec. 511. Sense of Congress.CommentsClose CommentsPermalink
Sec. 512. Aviation noise complaints.CommentsClose CommentsPermalink
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.CommentsClose CommentsPermalink
Sec. 602. Presidential rank award program.CommentsClose CommentsPermalink
Sec. 603. FAA technical training and staffing.CommentsClose CommentsPermalink
Sec. 604. Safety critical staffing.CommentsClose CommentsPermalink
Sec. 605. FAA air traffic controller staffing.CommentsClose CommentsPermalink
Sec. 606. Air traffic control specialist qualification training.CommentsClose CommentsPermalink
Sec. 607. Assessment of training programs for air traffic controllers.CommentsClose CommentsPermalink
Sec. 608. Collegiate training initiative study.CommentsClose CommentsPermalink
Sec. 609. FAA facility conditions.CommentsClose CommentsPermalink
Sec. 610. Frontline manager staffing.CommentsClose CommentsPermalink
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.CommentsClose CommentsPermalink
Sec. 702. Extension of authority to limit third-party liability of air carriers arising out of acts of terrorism.CommentsClose CommentsPermalink
Sec. 703. Clarification of reinsurance authority.CommentsClose CommentsPermalink
Sec. 704. Use of independent claims adjusters.CommentsClose CommentsPermalink
TITLE VIII--MISCELLANEOUS
Sec. 801. Disclosure of data to Federal agencies in interest of national security.CommentsClose CommentsPermalink
Sec. 802. FAA access to criminal history records and database systems.CommentsClose CommentsPermalink
Sec. 803. Civil penalties technical amendments.CommentsClose CommentsPermalink
Sec. 804. Realignment and consolidation of FAA services and facilities.CommentsClose CommentsPermalink
Sec. 805. Limiting access to flight decks of all-cargo aircraft.CommentsClose CommentsPermalink
Sec. 806. Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format.CommentsClose CommentsPermalink
Sec. 807. Prohibition on use of certain funds.CommentsClose CommentsPermalink
Sec. 808. Study on aviation fuel prices.CommentsClose CommentsPermalink
Sec. 809. Wind turbine lighting.CommentsClose CommentsPermalink
Sec. 810. Air-rail code sharing study.CommentsClose CommentsPermalink
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.CommentsClose CommentsPermalink
Sec. 812. FAA review and reform.CommentsClose CommentsPermalink
TITLE IX--NATIONAL MEDIATION BOARD
Sec. 901. Authority of Inspector General.CommentsClose CommentsPermalink
Sec. 902. Evaluation and audit of National Mediation Board.CommentsClose CommentsPermalink
Sec. 903. Repeal of rule.CommentsClose CommentsPermalink
TITLE X--COMMERCIAL SPACE TRANSPORTATION
Sec. 1001. Space flight passengers.CommentsClose CommentsPermalink
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.CommentsClose CommentsPermalink
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE I--AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Funding of FAA ProgramsCommentsClose CommentsPermalink
Subtitle A--Funding of FAA ProgramsCommentsClose CommentsPermalink
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization- Section 48103 is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 48103. Airport planning and development and noise compatibility planning and programs
‘(a) In General- There shall be available to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 to make grants for airport planning and airport development under section 47104, airport noise compatibility planning under section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c)--CommentsClose CommentsPermalink
‘(1) $3,176,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(2) $3,000,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
‘(3) $3,000,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink
‘(4) $3,000,000,000 for fiscal year 2014.CommentsClose CommentsPermalink
‘(b) Availability of Amounts- Amounts made available under subsection (a) shall remain available until expended.’.CommentsClose CommentsPermalink
(b) Obligational Authority- Section 47104(c) is amended by striking ‘March 31, 2011’ and inserting ‘September 30, 2014’.CommentsClose CommentsPermalink
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations- Section 48101(a) is amended by striking paragraphs (1) through (6) and inserting the following:CommentsClose CommentsPermalink
‘(1) $2,700,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
‘(2) $2,600,000,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(3) $2,600,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
‘(4) $2,600,000,000 for fiscal year 2014.’.CommentsClose CommentsPermalink
(b) Set-Asides- Section 48101 is amended--CommentsClose CommentsPermalink
(1) by striking subsections (c), (d), (e), (h), and (i); andCommentsClose CommentsPermalink
(2) by redesignating subsections (f) and (g) as subsections (c) and (d), respectively.CommentsClose CommentsPermalink
SEC. 103. FAA OPERATIONS.
(a) In General- Section 106(k)(1) is amended by striking subparagraphs (A) through (F) and inserting the following:CommentsClose CommentsPermalink
‘(A) $9,403,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(B) $9,168,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
‘(C) $9,168,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink
‘(D) $9,168,000,000 for fiscal year 2014.’.CommentsClose CommentsPermalink
(b) Authorized Expenditures- Section 106(k)(2) is amended--CommentsClose CommentsPermalink
(1) by striking subparagraphs (A), (B), (C), and (D);CommentsClose CommentsPermalink
(2) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), respectively; andCommentsClose CommentsPermalink
(3) in subparagraphs (A), (B), and (C) (as so redesignated) by striking ‘2004 through 2007’ and inserting ‘2011 through 2014’.CommentsClose CommentsPermalink
(c) Authority To Transfer Funds- Section 106(k) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(3) ADMINISTERING PROGRAM WITHIN AVAILABLE FUNDING- Notwithstanding any other provision of law, in each of fiscal years 2011 through 2014, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).’.CommentsClose CommentsPermalink
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee- Section 48114(a)(1)(A) is amended to read as follows:CommentsClose CommentsPermalink
‘(A) IN GENERAL- The total budget resources made available from the Airport and Airway Trust Fund each fiscal year pursuant to sections 48101, 48102, 48103, and 106(k) shall--CommentsClose CommentsPermalink
‘(i) in fiscal year 2011, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; andCommentsClose CommentsPermalink
‘(ii) in fiscal year 2012 and each fiscal year thereafter, be equal to the sum of--CommentsClose CommentsPermalink
‘(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; andCommentsClose CommentsPermalink
‘(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.CommentsClose CommentsPermalink
Such amounts may be used only for aviation investment programs listed in subsection (b).’.CommentsClose CommentsPermalink
(b) Additional Authorizations of Appropriations From the General Fund- Section 48114(a)(2) is amended by striking ‘2007’ and inserting ‘2014’.CommentsClose CommentsPermalink
(c) Estimated Level of Receipts Plus Interest Defined- Section 48114(b)(2) is amended--CommentsClose CommentsPermalink
(1) in the paragraph heading by striking ‘LEVEL’ and inserting ‘ESTIMATED LEVEL’; andCommentsClose CommentsPermalink
(2) by striking ‘level of receipts plus interest’ and inserting ‘estimated level of receipts plus interest’.CommentsClose CommentsPermalink
(d) Enforcement of Guarantees- Section 48114(c)(2) is amended by striking ‘2007’ and inserting ‘2014’.CommentsClose CommentsPermalink
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM PROJECTS.
Section 44501(b) is amended--CommentsClose CommentsPermalink
(1) in paragraph (3) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (4)(B) by striking ‘defense.’ and inserting ‘defense; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) a list of capital projects that are part of the Next Generation Air Transportation System and funded by amounts appropriated under section 48101(a).’.CommentsClose CommentsPermalink
SEC. 106. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.
(a) In General- Section 48105 is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 48105. Airport programs administrative expenses
‘(a) In General- Of the funds made available under section 48103, the following amounts may be available for administrative expenses of the Federal Aviation Administration described in subsection (b):CommentsClose CommentsPermalink
‘(1) $85,987,000 for fiscal year 2011.CommentsClose CommentsPermalink
‘(2) $80,676,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(3) $80,676,000 for fiscal year 2013.CommentsClose CommentsPermalink
‘(4) $80,676,000 for fiscal year 2014.CommentsClose CommentsPermalink
‘(b) Eligible Administrative Expenses- Amounts made available under subsection (a) may be used for administrative expenses relating to the airport improvement program, passenger facility charge approval and oversight, national airport system planning, airport standards development and enforcement, airport certification, airport-related environmental activities (including legal services), and other airport-related activities.CommentsClose CommentsPermalink
‘(c) Availability of Amounts- Amounts made available under subsection (a) shall remain available until expended.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The analysis for chapter 481 is amended by striking the item relating to section 48105 and inserting the following:CommentsClose CommentsPermalink
‘48105. Airport programs administrative expenses.’.CommentsClose CommentsPermalink
Subtitle B--Passenger Facility ChargesCommentsClose CommentsPermalink
Subtitle B--Passenger Facility ChargesCommentsClose CommentsPermalink
SEC. 111. PASSENGER FACILITY CHARGES.
(a) PFC Defined- Section 40117(a)(5) is amended to read as follows:CommentsClose CommentsPermalink
‘(5) PASSENGER FACILITY CHARGE- The term ‘passenger facility charge’ means a charge or fee imposed under this section.’.CommentsClose CommentsPermalink
(b) Pilot Program for PFC Authorizations at Nonhub Airports- Section 40117(l) is amended--CommentsClose CommentsPermalink
(1) by striking paragraph (7); andCommentsClose CommentsPermalink
(2) by redesignating paragraph (8) as paragraph (7).CommentsClose CommentsPermalink
(c) Correction of References-CommentsClose CommentsPermalink
(1) SECTION 40117- Section 40117 is amended--CommentsClose CommentsPermalink
(A) in the section heading by striking ‘fees’ and inserting ‘charges’;CommentsClose CommentsPermalink
(B) in the heading for subsection (e) by striking ‘Fees’ and inserting ‘Charges’;CommentsClose CommentsPermalink
(C) in the heading for subsection (l) by striking ‘Fee’ and inserting ‘Charge’;CommentsClose CommentsPermalink
(D) in the heading for paragraph (5) of subsection (l) by striking ‘FEE’ and inserting ‘CHARGE’;CommentsClose CommentsPermalink
(E) in the heading for subsection (m) by striking ‘Fees’ and inserting ‘Charges’;CommentsClose CommentsPermalink
(F) in the heading for paragraph (1) of subsection (m) by striking ‘FEES’ and inserting ‘CHARGES’;CommentsClose CommentsPermalink
(G) by striking ‘fee’ each place it appears (other than the second sentence of subsection (g)(4)) and inserting ‘charge’; andCommentsClose CommentsPermalink
(H) by striking ‘fees’ each place it appears and inserting ‘charges’.CommentsClose CommentsPermalink
(2) OTHER REFERENCES- Subtitle VII is amended by striking ‘fee’ and inserting ‘charge’ each place it appears in each of the following sections:CommentsClose CommentsPermalink
(A) Section 47106(f)(1).CommentsClose CommentsPermalink
(B) Section 47110(e)(5).CommentsClose CommentsPermalink
(C) Section 47114(f).CommentsClose CommentsPermalink
(D) Section 47134(g)(1).CommentsClose CommentsPermalink
(E) Section 47139(b).CommentsClose CommentsPermalink
(F) Section 47524(e).CommentsClose CommentsPermalink
(G) Section 47526(2).CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENT- The analysis for chapter 401 is amended by striking the item relating to section 40117 and inserting the following:CommentsClose CommentsPermalink
‘40117. Passenger facility charges.’.CommentsClose CommentsPermalink
SEC. 112. AIRPORT ACCESS FLEXIBILITY PROGRAM.
Section 40117 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(n) Airport Access Flexibility Program-CommentsClose CommentsPermalink
‘(1) PFC ELIGIBILITY- Subject to the requirements of this subsection, the Secretary shall establish a pilot program under which the Secretary may authorize, at no more than 5 airports, a passenger facility charge imposed under subsection (b)(1) or (b)(4) to be used to finance the eligible cost of an intermodal ground access project.CommentsClose CommentsPermalink
‘(2) INTERMODAL GROUND ACCESS PROJECT DEFINED- In this subsection, the term ‘intermodal ground access project’ means a project for constructing a local facility owned or operated by an eligible agency that is directly and substantially related to the movement of passengers or property traveling in air transportation.CommentsClose CommentsPermalink
‘(3) ELIGIBLE COSTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- For purposes of paragraph (1), the eligible cost of an intermodal ground access project at an airport shall be the total cost of the project multiplied by the ratio that--CommentsClose CommentsPermalink
‘(i) the number of individuals projected to use the project to gain access to or depart from the airport; bears toCommentsClose CommentsPermalink
‘(ii) the total number of the individuals projected to use the facility.CommentsClose CommentsPermalink
‘(B) DETERMINATIONS REGARDING PROJECTED PROJECT USE-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Except as provided by clause (ii), the Secretary shall determine the projected use of a project for purposes of subparagraph (A) at the time the project is approved under this subsection.CommentsClose CommentsPermalink
‘(ii) PUBLIC TRANSPORTATION PROJECTS- In the case of a project approved under this section to be financed in part using funds administered by the Federal Transit Administration, the Secretary shall use the travel forecasting model for the project at the time such project is approved by the Federal Transit Administration to enter preliminary engineering to determine the projected use of the project for purposes of subparagraph (A).’.CommentsClose CommentsPermalink
SEC. 113. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.
(a) In General- The Comptroller General shall conduct a study of alternative means of collection of passenger facility charges imposed under
(1) collection options for arriving, connecting, and departing passengers at airports;CommentsClose CommentsPermalink
(2) cost sharing or allocation methods based on passenger travel to address connecting traffic; andCommentsClose CommentsPermalink
(3) examples of airport charges collected by domestic and international airports that are not included in ticket prices.CommentsClose CommentsPermalink
(b) Report- Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the study, including the Comptroller General’s findings, conclusions, and recommendations.CommentsClose CommentsPermalink
Subtitle C--Fees for FAA ServicesCommentsClose CommentsPermalink
Subtitle C--Fees for FAA ServicesCommentsClose CommentsPermalink
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees- Section 45301(b) is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Establishment and Adjustment of Fees-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In establishing and adjusting fees under this section, the Administrator shall ensure that the fees are reasonably related to the Administration’s costs, as determined by the Administrator, of providing the services rendered.CommentsClose CommentsPermalink
‘(2) SERVICES FOR WHICH COSTS MAY BE RECOVERED- Services for which costs may be recovered under this section include the costs of air traffic control, navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States.CommentsClose CommentsPermalink
‘(3) LIMITATIONS ON JUDICIAL REVIEW- Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review:CommentsClose CommentsPermalink
‘(A) The establishment or adjustment of a fee by the Administrator under this section.CommentsClose CommentsPermalink
‘(B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination.CommentsClose CommentsPermalink
‘(C) An allocation of costs by the Administrator under paragraph (1) to services provided, and the processes and procedures applied by the Administrator when establishing such allocation.CommentsClose CommentsPermalink
‘(4) ADJUSTMENT OF OVERFLIGHT FEES- In accordance with section 106(f)(3)(A), the Administrator shall adjust the overflight fees established by subsection (a)(1) by issuing a final rule with respect to the notice of proposed rulemaking published in the Federal Register on September 28, 2010 (75 Fed. Reg. 59661).CommentsClose CommentsPermalink
‘(5) AIRCRAFT ALTITUDE- Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace.CommentsClose CommentsPermalink
‘(6) COSTS DEFINED- In this subsection, the term ‘costs’ includes operation and maintenance costs, leasing costs, and overhead expenses associated with the services provided and the facilities and equipment used in providing such services.’.CommentsClose CommentsPermalink
(b) Adjustment of Fees- Section 45301 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Adjustment of Fees- In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.’.CommentsClose CommentsPermalink
SEC. 122. REGISTRATION FEES.
(a) In General- Chapter 453 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 45305. Registration, certification, and related fees
‘(a) General Authority and Fees- Subject to subsection (b), the Administrator of the Federal Aviation Administration shall establish and collect a fee for each of the following services and activities of the Administration that does not exceed the estimated costs of the service or activity:CommentsClose CommentsPermalink
‘(1) Registering an aircraft.CommentsClose CommentsPermalink
‘(2) Reregistering, replacing, or renewing an aircraft registration certificate.CommentsClose CommentsPermalink
‘(3) Issuing an original dealer’s aircraft registration certificate.CommentsClose CommentsPermalink
‘(4) Issuing an additional dealer’s aircraft registration certificate (other than the original).CommentsClose CommentsPermalink
‘(5) Issuing a special registration number.CommentsClose CommentsPermalink
‘(6) Issuing a renewal of a special registration number reservation.CommentsClose CommentsPermalink
‘(7) Recording a security interest in an aircraft or aircraft part.CommentsClose CommentsPermalink
‘(8) Issuing an airman certificate.CommentsClose CommentsPermalink
‘(9) Issuing a replacement airman certificate.CommentsClose CommentsPermalink
‘(10) Issuing an airman medical certificate.CommentsClose CommentsPermalink
‘(11) Providing a legal opinion pertaining to aircraft registration or recordation.CommentsClose CommentsPermalink
‘(b) Limitation on Collection- No fee may be collected under this section unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.CommentsClose CommentsPermalink
‘(c) Fees Credited as Offsetting Collections-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall--CommentsClose CommentsPermalink
‘(A) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;CommentsClose CommentsPermalink
‘(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting such fees; andCommentsClose CommentsPermalink
‘(C) remain available until expended.CommentsClose CommentsPermalink
‘(2) CONTINUING APPROPRIATIONS- The Administrator may continue to assess, collect, and spend fees established under this section during any period in which the funding for the Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration’s regular appropriations.CommentsClose CommentsPermalink
‘(3) ADJUSTMENTS- The Administrator shall adjust a fee established under subsection (a) for a service or activity if the Administrator determines that the actual cost of the service or activity is higher or lower than was indicated by the cost data used to establish such fee.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The analysis for chapter 453 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘45305. Registration, certification, and related fees.’.CommentsClose CommentsPermalink
(c) Fees Involving Aircraft Not Providing Air Transportation- Section 45302(e) is amended--CommentsClose CommentsPermalink
(1) by striking ‘A fee’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- A fee’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) EFFECT OF IMPOSITION OF OTHER FEES- A fee may not be imposed for a service or activity under this section during any period in which a fee for the same service or activity is imposed under section 45305.’.CommentsClose CommentsPermalink
Subtitle D--Airport Improvement Program ModificationsCommentsClose CommentsPermalink
Subtitle D--Airport Improvement Program ModificationsCommentsClose CommentsPermalink
SEC. 131. AIRPORT MASTER PLANS.
Section 47101(g)(2) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink
‘(C) consider passenger convenience, airport ground access, and access to airport facilities; and’.CommentsClose CommentsPermalink
SEC. 132. AIP DEFINITIONS.
(a) Airport Development- Section 47102(3) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B)(iv) by striking ‘20’ and inserting ‘9’;CommentsClose CommentsPermalink
(2) in subparagraph (G) by inserting ‘and including acquiring glycol recovery vehicles,’ after ‘aircraft,’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulations.CommentsClose CommentsPermalink
‘(N) terminal development under section 47119(a).CommentsClose CommentsPermalink
‘(O) acquiring and installing facilities and equipment to provide air conditioning, heating, or electric power from terminal-based, nonexclusive use facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power from aircraft-based systems.’.CommentsClose CommentsPermalink
(b) Airport Planning- Section 47102(5) is amended to read as follows:CommentsClose CommentsPermalink
‘(5) ‘airport planning’ means planning as defined by regulations the Secretary prescribes and includes--CommentsClose CommentsPermalink
‘(A) integrated airport system planning;CommentsClose CommentsPermalink
‘(B) developing an environmental management system; andCommentsClose CommentsPermalink
‘(C) developing a plan for recycling and minimizing the generation of airport solid waste, consistent with applicable State and local recycling laws, including the cost of a waste audit.’.CommentsClose CommentsPermalink
(c) General Aviation Airport- Section 47102 is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (23) through (25) as paragraphs (25) through (27), respectively;CommentsClose CommentsPermalink
(2) by redesignating paragraphs (8) through (22) as paragraphs (9) through (23), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink
‘(8) ‘general aviation airport’ means a public airport that is located in a State and that, as determined by the Secretary--CommentsClose CommentsPermalink
‘(A) does not have scheduled service; orCommentsClose CommentsPermalink
‘(B) has scheduled service with less than 2,500 passenger boardings each year.’.CommentsClose CommentsPermalink
(d) Revenue Producing Aeronautical Support Facilities- Section 47102 is amended by inserting after paragraph (23) (as redesignated by subsection (c)(2) of this section) the following:CommentsClose CommentsPermalink
‘(24) ‘revenue producing aeronautical support facilities’ means fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.’.CommentsClose CommentsPermalink
(e) Terminal Development- Section 47102 (as amended by subsection (c) of this section) is further amended by adding at the end the following:CommentsClose CommentsPermalink
‘(28) ‘terminal development’ means--CommentsClose CommentsPermalink
‘(A) development of--CommentsClose CommentsPermalink
‘(i) an airport passenger terminal building, including terminal gates;CommentsClose CommentsPermalink
‘(ii) access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building; andCommentsClose CommentsPermalink
‘(iii) walkways that lead directly to or from an airport passenger terminal building; andCommentsClose CommentsPermalink
‘(B) the cost of a vehicle described in section 47119(a)(1)(B).’.CommentsClose CommentsPermalink
SEC. 133. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a) is amended--CommentsClose CommentsPermalink
(1) in paragraph (4) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (5) by striking ‘proposed.’ and inserting ‘proposed; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) if the project is for an airport that has an airport master plan, the master plan addresses issues relating to solid waste recycling at the airport, including--CommentsClose CommentsPermalink
‘(A) the feasibility of solid waste recycling at the airport;CommentsClose CommentsPermalink
‘(B) minimizing the generation of solid waste at the airport;CommentsClose CommentsPermalink
‘(C) operation and maintenance requirements;CommentsClose CommentsPermalink
‘(D) the review of waste management contracts; andCommentsClose CommentsPermalink
‘(E) the potential for cost savings or the generation of revenue.’.CommentsClose CommentsPermalink
SEC. 134. CONTENTS OF COMPETITION PLANS.
Section 47106(f)(2) is amended--CommentsClose CommentsPermalink
(1) by striking ‘patterns of air service,’;CommentsClose CommentsPermalink
(2) by inserting ‘and’ before ‘whether’; andCommentsClose CommentsPermalink
(3) by striking ‘, and airfare levels’ and all that follows before the period.CommentsClose CommentsPermalink
SEC. 135. GRANT ASSURANCES.
(a) General Written Assurances- Section 47107(a)(16)(D)(ii) is amended by inserting before the semicolon at the end the following: ‘, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d)’.CommentsClose CommentsPermalink
(b) Written Assurances on Acquiring Land-CommentsClose CommentsPermalink
(1) USE OF PROCEEDS- Section 47107(c)(2)(A)(iii) is amended by striking ‘paid to the Secretary’ and all that follows before the semicolon and inserting ‘reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)’.CommentsClose CommentsPermalink
(2) ELIGIBLE PROJECTS- Section 47107(c) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(4) In approving the reinvestment or transfer of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference, in descending order, to the following actions:CommentsClose CommentsPermalink
‘(A) Reinvestment in an approved noise compatibility project.CommentsClose CommentsPermalink
‘(B) Reinvestment in an approved project that is eligible for funding under section 47117(e).CommentsClose CommentsPermalink
‘(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.CommentsClose CommentsPermalink
‘(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at such airport.CommentsClose CommentsPermalink
‘(E) Payment to the Secretary for deposit in the Airport and Airway Trust Fund.’.CommentsClose CommentsPermalink
(c) Clerical Amendment- Section 47107(c)(2)(B)(iii) is amended by striking ‘the Fund’ and inserting ‘the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986’.CommentsClose CommentsPermalink
(d) Extension of Competitive Access Reports- Section 47107(s) is amended by striking paragraph (3).CommentsClose CommentsPermalink
SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.
(a) In General-
‘(t) Agreements Granting Through-The-Fence Access to General Aviation Airports-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), a sponsor of a general aviation airport shall not be considered to be in violation of this subtitle, or to be in violation of a grant assurance made under this section or under any other provision of law as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor enters into an agreement that grants to a person that owns residential real property adjacent to the airport access to the airfield of the airport for the following:CommentsClose CommentsPermalink
‘(A) Aircraft of the person.CommentsClose CommentsPermalink
‘(B) Aircraft authorized by the person.CommentsClose CommentsPermalink
‘(2) THROUGH THE FENCE AGREEMENTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An agreement described in paragraph (1) between an airport sponsor and a property owner shall be a written agreement that prescribes the rights, responsibilities, charges, duration, and other terms the airport sponsor determines are necessary to establish and manage the airport sponsor’s relationship with the property owner.CommentsClose CommentsPermalink
‘(B) TERMS AND CONDITIONS- An agreement described in paragraph (1) between an airport sponsor and a property owner shall require the property owner, at minimum--CommentsClose CommentsPermalink
‘(i) to pay airport access charges that, as determined by the airport sponsor, are comparable to those charged to tenants and operators on-airport making similar use of the airport;CommentsClose CommentsPermalink
‘(ii) to bear the cost of building and maintaining the infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to the airport access to the airfield of the airport;CommentsClose CommentsPermalink
‘(iii) to maintain the property for residential, noncommercial use for the duration of the agreement; andCommentsClose CommentsPermalink
‘(iv) to prohibit access to the airport from other properties through the property of the property owner.’.CommentsClose CommentsPermalink
(b) Applicability- The amendment made by subsection (a) shall apply to an agreement between an airport sponsor and a property owner entered into before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--CommentsClose CommentsPermalink
(1) in subsection (a) by striking ‘provided in subsection (b) or subsection (c) of this section’ and inserting ‘otherwise provided in this section’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Special Rule for Transition From Small Hub to Medium Hub Status- If the status of a small hub airport changes to a medium hub airport, the Government’s share of allowable project costs for the airport may not exceed 90 percent for the first 2 fiscal years following such change in hub status.CommentsClose CommentsPermalink
‘(f) Special Rule for Economically Depressed Communities- The Government’s share of allowable project costs shall be 95 percent for a project at an airport that--CommentsClose CommentsPermalink
‘(1) is receiving subsidized air service under subchapter II of chapter 417; andCommentsClose CommentsPermalink
‘(2) is located in an area that meets one or more of the criteria established in section 301(a) of the Public Works and Economic Development Act of 1965 (
42 U.S.C. 3161(a) ), as determined by the Secretary of Commerce.’.CommentsClose CommentsPermalink
SEC. 138. ALLOWABLE PROJECT COSTS.
(a) Allowable Project Costs- Section 47110(b)(2)(D) is amended to read as follows:CommentsClose CommentsPermalink
‘(D) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if--CommentsClose CommentsPermalink
‘(i) the cost was incurred before execution of the grant agreement due to climactic conditions affecting the construction season in the vicinity of the airport;CommentsClose CommentsPermalink
‘(ii) the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appropriate regional or district office of the Federal Aviation Administration;CommentsClose CommentsPermalink
‘(iii) the sponsor notifies the Secretary before authorizing work to commence on the project;CommentsClose CommentsPermalink
‘(iv) the sponsor has an alternative funding source available to fund the project; andCommentsClose CommentsPermalink
‘(v) the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;’.CommentsClose CommentsPermalink
(b) Inclusion of Measures To Improve Efficiency of Airport Buildings in Airport Improvement Projects- Section 47110(b) is amended--CommentsClose CommentsPermalink
(1) in paragraph (5) by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(2) in paragraph (6) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) if the cost is incurred on a measure to improve the efficiency of an airport building (such as a measure designed to meet one or more of the criteria for being considered a high-performance green building as set forth under section 401(13) of the Energy Independence and Security Act of 2007 (
42 U.S.C. 17061(13) )) and--CommentsClose CommentsPermalink
‘(A) the measure is for a project for airport development;CommentsClose CommentsPermalink
‘(B) the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; andCommentsClose CommentsPermalink
‘(C) if the measure results in an increase in initial project costs, the increase is justified by expected savings over the life cycle of the project.’.CommentsClose CommentsPermalink
(c) Relocation of Airport-Owned Facilities- Section 47110(d) is amended to read as follows:CommentsClose CommentsPermalink
‘(d) Relocation of Airport-Owned Facilities- The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if--CommentsClose CommentsPermalink
‘(1) the Government’s share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d);CommentsClose CommentsPermalink
‘(2) the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design standards; andCommentsClose CommentsPermalink
‘(3) the Secretary determines that the change is beyond the control of the airport sponsor.’.CommentsClose CommentsPermalink
(d) Nonprimary Airports- Section 47110(h) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘construction’ before ‘costs of revenue producing’; andCommentsClose CommentsPermalink
(2) by striking ‘, including fuel farms and hangars,’.CommentsClose CommentsPermalink
SEC. 139. VETERANS’ PREFERENCE.
Section 47112(c) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (B) by striking ‘separated from’ and inserting ‘discharged or released from active duty in’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) ‘Afghanistan-Iraq war veteran’ means an individual who served on active duty (as defined in section 101 of title 38) in the Armed Forces in support of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn (whichever is later), and who was discharged or released from active duty in the armed forces under honorable conditions.CommentsClose CommentsPermalink
‘(D) ‘Persian Gulf veteran’ means an individual who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable conditions.’; andCommentsClose CommentsPermalink
(2) in paragraph (2) by striking ‘Vietnam-era veterans and disabled veterans’ and inserting ‘Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined in section 3 of the Small Business Act (
SEC. 140. STANDARDIZING CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES.
Section 47113 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Mandatory Training Program-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than one year after the date of enactment of this subsection, the Secretary shall establish a mandatory training program for persons described in paragraph (3) to provide streamlined training on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section and section 47107(e).CommentsClose CommentsPermalink
‘(2) IMPLEMENTATION- The training program may be implemented by one or more private entities approved by the Secretary.CommentsClose CommentsPermalink
‘(3) PARTICIPANTS- A person referred to in paragraph (1) is an official or agent of an airport sponsor--CommentsClose CommentsPermalink
‘(A) who is required to provide a written assurance under this section or section 47107(e) that the airport owner or operator will meet the percentage goal of subsection (b) of this section or section 47107(e)(1), as the case may be; orCommentsClose CommentsPermalink
‘(B) who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).’.CommentsClose CommentsPermalink
SEC. 141. SPECIAL APPORTIONMENT RULES.
(a) Eligibility To Receive Primary Airport Minimum Apportionment Amount- Section 47114(d) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(7) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MINIMUM APPORTIONMENT AMOUNT- Notwithstanding any other provision of this subsection, the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the minimum apportionment available under section 47114(c)(1)(B) if the Secretary finds that the airport--CommentsClose CommentsPermalink
‘(A) received scheduled or unscheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) in the calendar year used to calculate the apportionment; andCommentsClose CommentsPermalink
‘(B) had more than 10,000 passenger boardings in the calendar year used to calculate the apportionment.’.CommentsClose CommentsPermalink
(b) Special Rule for Fiscal Years 2011 and 2012- Section 47114(c)(1) is amended--CommentsClose CommentsPermalink
(1) by striking subparagraphs (F) and (G); andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink
‘(F) SPECIAL RULE FOR FISCAL YEARS 2011 AND 2012- Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2011 and 2012 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.’.CommentsClose CommentsPermalink
SEC. 142. APPORTIONMENTS.
Chapter 471 is amended by striking ‘$3,200,000,000’ and inserting ‘$3,000,000,000’ in each of the following sections:CommentsClose CommentsPermalink
(1) 47114(c)(1)(C).CommentsClose CommentsPermalink
(2) 47114(c)(2)(C).CommentsClose CommentsPermalink
(3) 47114(d)(3).CommentsClose CommentsPermalink
(4) 47114(e)(4).CommentsClose CommentsPermalink
(5) 47117(e)(1)(C).CommentsClose CommentsPermalink
SEC. 143. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ‘fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending before August 1, 2011,’ and inserting ‘fiscal years 2010 through 2014,’.CommentsClose CommentsPermalink
SEC. 144. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) Considerations- Section 47118(c) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1) by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (2) by striking ‘delays.’ and inserting ‘delays; or’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations--CommentsClose CommentsPermalink
‘(A) within United States jurisdiction or control; andCommentsClose CommentsPermalink
‘(B) where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights.’.CommentsClose CommentsPermalink
(b) Designation of General Aviation Airport- Section 47118(g) is amended--CommentsClose CommentsPermalink
(1) in the subsection heading by striking ‘Airport’ and inserting ‘Airports’; andCommentsClose CommentsPermalink
(2) by striking ‘one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation’ and inserting ‘3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations’.CommentsClose CommentsPermalink
(c) Safety-Critical Airports- Section 47118 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(h) Safety-Critical Airports- Notwithstanding any other provision of this chapter, a grant under section 47117(e)(1)(B) may be made for a federally owned airport designated under subsection (a) if the grant is for a project that is--CommentsClose CommentsPermalink
‘(1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); andCommentsClose CommentsPermalink
‘(2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.’.CommentsClose CommentsPermalink
SEC. 145. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement- Section 47124(b) is amended--CommentsClose CommentsPermalink
(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) CONTRACT TOWER PROGRAM-CommentsClose CommentsPermalink
‘(A) CONTINUATION AND EXTENSION- The Secretary shall continue the low activity (Visual Flight Rules) Level I air traffic control tower contract program established under subsection (a) for towers existing on December 30, 1987, and shall extend the program to other low activity air traffic control towers for which a qualified entity (as determined by the Secretary), a State, or a subdivision of the State meeting the requirements set forth by the Secretary has requested to participate in the program.CommentsClose CommentsPermalink
‘(B) SPECIAL RULE- If the Secretary determines that a tower already operating under the program continued under this paragraph has a benefit to cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit for a period of 18 months after such determination is made.CommentsClose CommentsPermalink
‘(C) USE OF EXCESS FUNDS- If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the program established under paragraph (3).’; andCommentsClose CommentsPermalink
(2) by striking ‘(2) The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(2) GENERAL AUTHORITY- The Secretary’.CommentsClose CommentsPermalink
(b) Costs Exceeding Benefits- Section 47124(b)(3)(D) is amended--CommentsClose CommentsPermalink
(1) by striking ‘If the costs’ and inserting the following:CommentsClose CommentsPermalink
‘(i) COST SHARING- If the costs’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(ii) MAXIMUM LOCAL COST SHARE- The maximum allowable local cost share allocated under clause (i) for an airport certified under part 139 of title 14, Code of Federal Regulations, with fewer than 50,000 annual passenger enplanements shall be capped at 20 percent of the cost of operating an air traffic tower under the program.CommentsClose CommentsPermalink
‘(iii) SUNSET- Clause (ii) shall not be in effect after September 30, 2014.’.CommentsClose CommentsPermalink
(c) Funding; Use of Excess Funds- Section 47124(b)(3) is amended by striking subparagraph (E) and inserting the following:CommentsClose CommentsPermalink
‘(E) FUNDING- Of the amounts appropriated pursuant to section 106(k)(1), not more than $8,500,000 for each of fiscal years 2011 through 2014 may be used to carry out this paragraph.CommentsClose CommentsPermalink
‘(F) USE OF EXCESS FUNDS- If the Secretary finds that all or part of an amount made available under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the program continued under paragraph (1).’.CommentsClose CommentsPermalink
(d) Federal Share- Section 47124(b)(4)(C) is amended by striking ‘$1,500,000’ and inserting ‘$2,000,000’.CommentsClose CommentsPermalink
(e) Safety Audits- Section 47124 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(c) Safety Audits- The Secretary shall establish uniform standards and requirements for regular safety assessments of air traffic control towers that receive funding under this section.’.CommentsClose CommentsPermalink
SEC. 146. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.
(a) In General- Section 47129 is amended--CommentsClose CommentsPermalink
(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink
‘Sec. 47129. Resolution of disputes concerning airport fees’;
(2) by inserting ‘and Foreign Air Carrier’ after ‘CARRIER’ in the heading for subsection (d);CommentsClose CommentsPermalink
(3) by inserting ‘AND FOREIGN AIR CARRIER’ after ‘CARRIER’ in the heading for subsection (d)(2);CommentsClose CommentsPermalink
(4) by striking ‘air carrier’ each place it appears and inserting ‘air carrier or foreign air carrier’;CommentsClose CommentsPermalink
(5) by striking ‘air carrier’s’ each place it appears and inserting ‘air carrier’s or foreign air carrier’s’;CommentsClose CommentsPermalink
(6) by striking ‘air carriers’ and inserting ‘air carriers or foreign air carriers’; andCommentsClose CommentsPermalink
(7) by striking ‘(as defined in section 40102 of this title)’ in subsection (a) and inserting ‘(as those terms are defined in section 40102)’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The analysis for chapter 471 is amended by striking the item relating to section 47129 and inserting the following:CommentsClose CommentsPermalink
‘47129. Resolution of disputes concerning airport fees.’.CommentsClose CommentsPermalink
SEC. 147. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.
(a) In General- Section 47133(b) is amended--CommentsClose CommentsPermalink
(1) by striking ‘Subsection (a) shall not apply if’ and inserting the following:CommentsClose CommentsPermalink
‘(1) PRIOR LAWS AND AGREEMENTS- Subsection (a) shall not apply if’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR- In the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if--CommentsClose CommentsPermalink
‘(A) the sale is approved by the Secretary;CommentsClose CommentsPermalink
‘(B) funding is provided under this subchapter for any portion of the public sponsor’s acquisition of airport land; andCommentsClose CommentsPermalink
‘(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.CommentsClose CommentsPermalink
‘(3) TREATMENT OF REPAYMENTS- Repayments referred to in paragraph (2)(C) shall be treated as a recovery of prior year obligations.’.CommentsClose CommentsPermalink
(b) Applicability to Grants- The amendments made by subsection (a) shall apply to grants issued on or after October 1, 1996.CommentsClose CommentsPermalink
SEC. 148. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.
Section 49108, and the item relating to section 49108 in the analysis for chapter 491, are repealed.CommentsClose CommentsPermalink
SEC. 149. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking ‘October 1, 2010, and for the portion of fiscal year 2011 ending before April 1, 2011,’ and inserting ‘October 1, 2014,’.CommentsClose CommentsPermalink
SEC. 150. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated Airport Systems- Section 47103 is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘each airport to--’ and inserting ‘the airport system to--’;CommentsClose CommentsPermalink
(B) in paragraph (1) by striking ‘system in the particular area;’ and inserting ‘system, including connection to the surface transportation network; and’;CommentsClose CommentsPermalink
(C) in paragraph (2) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(D) by striking paragraph (3);CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1) by striking the semicolon and inserting ‘; and’;CommentsClose CommentsPermalink
(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink
(C) in paragraph (2) (as so redesignated) by striking ‘, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,’; andCommentsClose CommentsPermalink
(3) in subsection (d) by striking ‘status of the’.CommentsClose CommentsPermalink
(b) Consolidation of Terminal Development Provisions- Section 47119 is amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (e), respectively;CommentsClose CommentsPermalink
(2) by inserting before subsection (b) (as so redesignated) the following:CommentsClose CommentsPermalink
‘(a) Terminal Development Projects-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of Transportation may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing public-use area of a commercial service airport--CommentsClose CommentsPermalink
‘(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has--CommentsClose CommentsPermalink
‘(i) all the safety equipment required for certification of the airport under section 44706;CommentsClose CommentsPermalink
‘(ii) all the security equipment required by regulation; andCommentsClose CommentsPermalink
‘(iii) provided for access by passengers to the area of the airport for boarding or exiting aircraft that are not air carrier aircraft;CommentsClose CommentsPermalink
‘(B) if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; andCommentsClose CommentsPermalink
‘(C) under terms necessary to protect the interests of the Government.CommentsClose CommentsPermalink
‘(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING PARKING LOTS- In making a decision under paragraph (1), the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if--CommentsClose CommentsPermalink
‘(A) except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total annual passenger boardings in the United States; andCommentsClose CommentsPermalink
‘(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.’;CommentsClose CommentsPermalink
(3) in subsection (b)(4)(B) (as redesignated by paragraph (1) of this subsection) by striking ‘Secretary of Transportation’ and inserting ‘Secretary’;CommentsClose CommentsPermalink
(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d)’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink
(5) in subsection (b)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘subsection (b)(1) and (2)’ and inserting ‘subsections (c)(1) and (c)(2)’;CommentsClose CommentsPermalink
(6) in subsections (c)(2)(A), (c)(3), and (c)(4) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d) of this title’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink
(7) in subsection (c)(2)(B) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d)’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink
(8) in subsection (c)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d)’ and inserting ‘subsection (a)’; andCommentsClose CommentsPermalink
(9) by adding at the end the following:CommentsClose CommentsPermalink
‘(f) Limitation on Discretionary Funds- The Secretary may distribute not more than $20,000,000 from the discretionary fund established under section 47115 for terminal development projects at a nonhub airport or a small hub airport that is eligible to receive discretionary funds under section 47108(e)(3).’.CommentsClose CommentsPermalink
(c) Annual Report- Section 47131(a) is amended--CommentsClose CommentsPermalink
(1) by striking ‘April 1’ and inserting ‘June 1’; andCommentsClose CommentsPermalink
(2) by striking paragraphs (1), (2), (3), and (4) and inserting the following:CommentsClose CommentsPermalink
‘(1) a summary of airport development and planning completed;CommentsClose CommentsPermalink
‘(2) a summary of individual grants issued;CommentsClose CommentsPermalink
‘(3) an accounting of discretionary and apportioned funds allocated;CommentsClose CommentsPermalink
‘(4) the allocation of appropriations; and’.CommentsClose CommentsPermalink
(d) Correction to Emission Credits Provision- Section 47139 is amended--CommentsClose CommentsPermalink
(1) in subsection (a) by striking ‘47102(3)(F),’; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking ‘47102(3)(F),’; andCommentsClose CommentsPermalink
(B) by striking ‘47103(3)(F),’.CommentsClose CommentsPermalink
(e) Conforming Amendment to Civil Penalty Assessment Authority- Section 46301(d)(2) is amended by inserting ‘46319,’ after ‘46318,’.CommentsClose CommentsPermalink
(f) Other Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 40117(a)(3)(B) is amended by striking ‘section 47110(d)’ and inserting ‘section 47119(a)’.CommentsClose CommentsPermalink
(2) Section 47108(e)(3) is amended--CommentsClose CommentsPermalink
(A) by striking ‘section 47110(d)(2)’ and inserting ‘section 47119(a)’; andCommentsClose CommentsPermalink
(B) by striking ‘section 47110(d)’ and inserting ‘section 47119(a)’.CommentsClose CommentsPermalink
(g) Correction to Surplus Property Authority- Section 47151(e) is amended by striking ‘(other than real property’ and all that follows through ‘(
(h) Definitions-CommentsClose CommentsPermalink
(1) CONGESTED AIRPORT- Section 47175(2) is amended by striking ‘2001’ and inserting ‘2004 or any successor report’.CommentsClose CommentsPermalink
(2) JOINT USE AIRPORT- Section 47175 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(7) JOINT USE AIRPORT- The term ‘joint use airport’ means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.’.CommentsClose CommentsPermalink
SEC. 151. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.
Section 47141(f) is amended by striking ‘March 31, 2011’ and inserting ‘September 30, 2014’.CommentsClose CommentsPermalink
SEC. 152. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER STATES.
The Administrator of the Federal Aviation Administration, to the extent practicable, shall schedule the Administrator’s review of construction projects so that projects to be carried out in States in which the weather during a typical calendar year prevents major construction projects from being carried out before May 1 are reviewed as early as possible.CommentsClose CommentsPermalink
SEC. 153. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.
(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall begin a study to evaluate the formulation of the national plan of integrated airport systems (in this section referred to as the ‘plan’) under
(b) Contents of Study- The study shall include a review of the following:CommentsClose CommentsPermalink
(1) The criteria used for including airports in the plan and the application of such criteria in the most recently published version of the plan.CommentsClose CommentsPermalink
(2) The changes in airport capital needs as shown in the 2005-2009 and 2007-2011 plans, compared with the amounts apportioned or otherwise made available to individual airports between 2005 and 2010.CommentsClose CommentsPermalink
(3) A comparison of the amounts received by airports under the airport improvement program in airport apportionments, State apportionments, and discretionary grants during such fiscal years with capital needs as reported in the plan.CommentsClose CommentsPermalink
(4) The effect of transfers of airport apportionments under title 49, United States Code.CommentsClose CommentsPermalink
(5) An analysis on the feasibility and advisability of apportioning amounts under
(6) A documentation and review of the methods used by airports to reach the 10,000 passenger enplanement threshold, including whether such airports subsidize commercial flights to reach such threshold, at every airport in the United States that reported between 10,000 and 15,000 passenger enplanements during each of the 2 most recent calendar years for which such data is available.CommentsClose CommentsPermalink
(7) Any other matters pertaining to the plan that the Secretary determines appropriate.CommentsClose CommentsPermalink
(c) Report to Congress-CommentsClose CommentsPermalink
(1) SUBMISSION- Not later than 36 months after the date that the Secretary begins the study under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink
(2) CONTENTS- The report shall include--CommentsClose CommentsPermalink
(A) the findings of the Secretary on each of the issues described in subsection (b);CommentsClose CommentsPermalink
(B) recommendations for any changes to policies and procedures for formulating the plan; andCommentsClose CommentsPermalink
(C) recommendations for any changes to the methods of determining the amounts to be apportioned or otherwise made available to individual airports.CommentsClose CommentsPermalink
SEC. 154. TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT TO AIRPORT SPONSORS.
(a) In General- Chapter 445 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 44518. Transfers of terminal area air navigation equipment to airport sponsors
‘(a) In General- Subject to the requirements of this section, the Administrator of the Federal Aviation Administrator may carry out a pilot program under which the Administrator may transfer ownership, operating, and maintenance responsibilities for terminal area air navigation equipment at an airport to the airport sponsor.CommentsClose CommentsPermalink
‘(b) Participation- The Administrator may select the sponsors of not more than 3 nonhub airports, 3 small hub airports, 3 medium hub airports, and 1 large hub airport to participate in the pilot program.CommentsClose CommentsPermalink
‘(c) Terms and Conditions of Transfer for Airport Sponsors- As a condition of participating in the pilot program, the airport sponsor shall provide assurances satisfactory to the Administrator that the sponsor will--CommentsClose CommentsPermalink
‘(1) operate and maintain the terminal area air navigation equipment transferred to the sponsor under this section in accordance with standards to be established by the Administrator;CommentsClose CommentsPermalink
‘(2) permit the Administrator (or a person designated by the Administrator) to conduct inspections of such terminal area air navigation equipment under a schedule established by the Administrator; andCommentsClose CommentsPermalink
‘(3) acquire and maintain new terminal area air navigation equipment at the airport as needed to replace equipment at the end of its useful life or to meet new standards established by the Administrator.CommentsClose CommentsPermalink
‘(d) Terms and Conditions of Transfer for Administrator- When the Administrator approves an airport sponsor’s participation in the pilot program, the Administrator shall transfer, at no cost to the sponsor, all rights, title, and interests of the United States in and to the terminal area air navigation equipment to be transferred to the sponsor under the program, including the real property on which the equipment is located.CommentsClose CommentsPermalink
‘(e) Treatment of Airport Costs- Any costs incurred by an airport sponsor for ownership and maintenance of terminal area air navigation equipment transferred under this section shall be considered a cost of providing airfield facilities and services under standards and guidelines issued by the Secretary of Transportation under section 47129(b)(2) and may be recovered in rates and charges assessed for use of the airport’s airfield.CommentsClose CommentsPermalink
‘(f) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
‘(1) SPONSOR- The term ‘sponsor’ has the meaning given that term in section 47102.CommentsClose CommentsPermalink
‘(2) TERMINAL AREA AIR NAVIGATION EQUIPMENT- The term ‘terminal area air navigation equipment’ means an air navigation facility as defined in section 40102 that exists to provide approach and landing guidance to aircraft, but does not include buildings used for air traffic control functions.CommentsClose CommentsPermalink
‘(g) Guidelines- The Administrator shall issue guidelines on the implementation of the program.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The analysis for chapter 445 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘44518. Transfers of terminal area air navigation equipment to airport sponsors.’.CommentsClose CommentsPermalink
SEC. 155. AIRPORT PRIVATIZATION PROGRAM.
(a) Approval of Applications- Section 47134(b) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1) by striking ‘5 airports’ and inserting ‘10 airports’; andCommentsClose CommentsPermalink
(2) paragraph (1)--CommentsClose CommentsPermalink
(A) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may grant an exemption to an airport sponsor from the requirements of sections 47107(b) and 47133 (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved by the Secretary after the sponsor has consulted--CommentsClose CommentsPermalink
‘(i) in the case of a primary airport, with each air carrier and foreign air carrier serving the airport, as determined by the Secretary; andCommentsClose CommentsPermalink
‘(ii) in the case of a nonprimary airport, with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.’; andCommentsClose CommentsPermalink
(B) by striking subparagraph (C).CommentsClose CommentsPermalink
(b) Terms and Conditions- Section 47134(c) is amended--CommentsClose CommentsPermalink
(1) by striking paragraphs (4), (5), and (9);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) A fee imposed by the airport on an air carrier or foreign air carrier may not include any portion for a return on investment or recovery of principal with respect to consideration paid to a public agency for the lease or sale of the airport unless that portion of the fee is approved by the air carrier or foreign air carrier.’.CommentsClose CommentsPermalink
(c) Participation of Certain Airports- Section 47134 is amended--CommentsClose CommentsPermalink
(1) by striking subsection (d); andCommentsClose CommentsPermalink
(2) by redesignating subsections (e) through (m) as subsections (d) through (l), respectively.CommentsClose CommentsPermalink
(d) Applicability- The amendments made by this section shall apply with respect to an exemption issued to an airport under
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATIONCommentsClose CommentsPermalink
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATIONCommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:CommentsClose CommentsPermalink
(1) NEXTGEN- The term ‘NextGen’ means the Next Generation Air Transportation System.CommentsClose CommentsPermalink
(2) ADS-B- The term ‘ADS-B’ means automatic dependent surveillance-broadcast.CommentsClose CommentsPermalink
(3) ADS-B OUT- The term ‘ADS-B Out’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.CommentsClose CommentsPermalink
(4) ADS-B IN- The term ‘ADS-B In’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure.CommentsClose CommentsPermalink
(5) RNAV- The term ‘RNAV’ means area navigation.CommentsClose CommentsPermalink
(6) RNP- The term ‘RNP’ means required navigation performance.CommentsClose CommentsPermalink
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.
In allocating amounts appropriated pursuant to
(1) NextGen demonstrations and infrastructure.CommentsClose CommentsPermalink
(2) NextGen trajectory-based operations.CommentsClose CommentsPermalink
(3) NextGen reduced weather impact.CommentsClose CommentsPermalink
(4) NextGen high-density arrivals/departures.CommentsClose CommentsPermalink
(5) NextGen collaborative air traffic management.CommentsClose CommentsPermalink
(6) NextGen flexible terminals and airports.CommentsClose CommentsPermalink
(7) NextGen safety, security, and environmental reviews.CommentsClose CommentsPermalink
(8) NextGen networked facilities.CommentsClose CommentsPermalink
(9) The Center for Advanced Aviation System Development.CommentsClose CommentsPermalink
(10) NextGen system development.CommentsClose CommentsPermalink
(11) Data communications system implementation.CommentsClose CommentsPermalink
(12) ADS-B infrastructure deployment and operational implementation.CommentsClose CommentsPermalink
(13) Systemwide information management.CommentsClose CommentsPermalink
(14) NextGen facility consolidation and realignment.CommentsClose CommentsPermalink
(15) En route automation modernization.CommentsClose CommentsPermalink
(16) National airspace system voice switch.CommentsClose CommentsPermalink
(17) NextGen network enabled weather.CommentsClose CommentsPermalink
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting ‘with or’ before ‘without reimbursement’.CommentsClose CommentsPermalink
SEC. 204. CHIEF NEXTGEN OFFICER.
Section 106 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(s) Chief NextGen Officer-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) APPOINTMENT- There shall be a Chief NextGen Officer appointed by the Administrator. The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.CommentsClose CommentsPermalink
‘(B) QUALIFICATIONS- The Chief NextGen Officer shall have a demonstrated ability in management and knowledge of or experience in aviation and systems engineering.CommentsClose CommentsPermalink
‘(C) TERM- The Chief NextGen Officer shall be appointed for a term of 5 years.CommentsClose CommentsPermalink
‘(D) REMOVAL- The Chief NextGen Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the implementation of NextGen.CommentsClose CommentsPermalink
‘(E) VACANCY- Any individual appointed to fill a vacancy in the position of Chief NextGen Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.CommentsClose CommentsPermalink
‘(2) COMPENSATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Chief NextGen Officer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief NextGen Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief NextGen Officer were described in section 207(c)(2)(A)(i) of that title.CommentsClose CommentsPermalink
‘(B) BONUS- In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief NextGen Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief NextGen Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).CommentsClose CommentsPermalink
‘(3) ANNUAL PERFORMANCE AGREEMENT- The Administrator and the Chief NextGen Officer, in consultation with the Federal Aviation Management Advisory Council, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief NextGen Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.CommentsClose CommentsPermalink
‘(4) ANNUAL PERFORMANCE REPORT- The Chief NextGen Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.CommentsClose CommentsPermalink
‘(5) RESPONSIBILITIES- The responsibilities of the Chief NextGen Officer include the following:CommentsClose CommentsPermalink
‘(A) Overseeing the implementation of NextGen activities across all program offices of the Administration.CommentsClose CommentsPermalink
‘(B) Coordinating the implementation of NextGen activities with the Office of Management and Budget.CommentsClose CommentsPermalink
‘(C) Reviewing and providing advice on the Administration’s modernization programs, budget, and cost accounting system with respect to NextGen.CommentsClose CommentsPermalink
‘(D) With respect to the budget of the Administration--CommentsClose CommentsPermalink
‘(i) developing a budget request of the Administration related to the implementation of NextGen;CommentsClose CommentsPermalink
‘(ii) submitting such budget request to the Administrator; andCommentsClose CommentsPermalink
‘(iii) ensuring that the budget request supports the annual and long-range strategic plans of the Administration with respect to NextGen.CommentsClose CommentsPermalink
‘(E) Consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress.CommentsClose CommentsPermalink
‘(F) Developing an annual NextGen implementation plan.CommentsClose CommentsPermalink
‘(G) Ensuring that NextGen implementation activities are planned in such a manner as to require that system architecture is designed to allow for the incorporation of novel and currently unknown technologies into NextGen in the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation.CommentsClose CommentsPermalink
‘(H) Coordinating with the NextGen Joint Planning and Development Office with respect to facilitating cooperation among all Federal agencies whose operations and interests are affected by the implementation of NextGen.CommentsClose CommentsPermalink
‘(6) EXCEPTION- If the Administrator appoints as the Chief NextGen Officer, pursuant to paragraph (1)(A), an Executive Schedule employee covered by section 5315 of title 5, then paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall not apply to such employee.CommentsClose CommentsPermalink
‘(7) NEXTGEN DEFINED- For purposes of this subsection, the term ‘NextGen’ means the Next Generation Air Transportation System.’.CommentsClose CommentsPermalink
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--CommentsClose CommentsPermalink
(1) by redesignating subparagraph (D) as subparagraph (E);CommentsClose CommentsPermalink
(2) by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink
‘(B) runway lighting and airport surface visual and other navigation aids;CommentsClose CommentsPermalink
‘(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;CommentsClose CommentsPermalink
‘(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;’;CommentsClose CommentsPermalink
(3) in subparagraph (E) (as redesignated by paragraph (1) of this section)--CommentsClose CommentsPermalink
(A) by striking ‘another structure’ and inserting ‘any structure, equipment,’; andCommentsClose CommentsPermalink
(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(F) buildings, equipment, and systems dedicated to the national airspace system.’.CommentsClose CommentsPermalink
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘and’ after the semicolon in paragraph (3);CommentsClose CommentsPermalink
(2) by striking paragraph (4); andCommentsClose CommentsPermalink
(3) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting ‘(whether public or private)’ after ‘authorities’; andCommentsClose CommentsPermalink
(B) by striking ‘safety.’ and inserting ‘safety or efficiency. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6).’;CommentsClose CommentsPermalink
(2) in paragraph (2) by adding at the end the following: ‘The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.’; andCommentsClose CommentsPermalink
(3) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(3) CREDITING APPROPRIATIONS- Funds received by the Administrator pursuant to this section shall--CommentsClose CommentsPermalink
‘(A) be credited to the appropriation current when the amount is received;CommentsClose CommentsPermalink
‘(B) be merged with and available for the purposes of such appropriation; andCommentsClose CommentsPermalink
‘(C) remain available until expended.’.CommentsClose CommentsPermalink
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE.
(a) Redesignation of JPDO Director to Associate Administrator-CommentsClose CommentsPermalink
(1) ASSOCIATE ADMINISTRATOR FOR NEXT GENERATION AIR TRANSPORTATION SYSTEM PLANNING, DEVELOPMENT, AND INTERAGENCY COORDINATION- Section 709(a) of the Vision 100--Century of Aviation Reauthorization Act (
(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) The head of the Office shall be the Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee.’.CommentsClose CommentsPermalink
(2) RESPONSIBILITIES- Section 709(a)(3) of such Act (as redesignated by paragraph (1) of this subsection) is amended--CommentsClose CommentsPermalink
(A) in subparagraph (G) by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(B) in subparagraph (H) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals;CommentsClose CommentsPermalink
‘(J) working to ensure global interoperability of the Next Generation Air Transportation System;CommentsClose CommentsPermalink
‘(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;CommentsClose CommentsPermalink
‘(L) overseeing, with the Administrator, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; andCommentsClose CommentsPermalink
‘(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enterprise architecture requirements.’.CommentsClose CommentsPermalink
(3) COOPERATION WITH OTHER FEDERAL AGENCIES- Section 709(a)(4) of such Act (as redesignated by paragraph (1) of this subsection) is amended--CommentsClose CommentsPermalink
(A) by striking ‘(4)’ and inserting ‘(4)(A)’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for--CommentsClose CommentsPermalink
‘(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);CommentsClose CommentsPermalink
‘(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; andCommentsClose CommentsPermalink
‘(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System.CommentsClose CommentsPermalink
‘(C) The head of a Federal agency referred to in subparagraph (B) shall--CommentsClose CommentsPermalink
‘(i) ensure that the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B);CommentsClose CommentsPermalink
‘(ii) ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation;CommentsClose CommentsPermalink
‘(iii) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; andCommentsClose CommentsPermalink
‘(iv) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b).CommentsClose CommentsPermalink
‘(D) Not later than 6 months after the date of enactment of this subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.’.CommentsClose CommentsPermalink
(4) COORDINATION WITH OMB- Section 709(a) of such Act (117 Stat. 2582) is further amended by adding at the end the following:CommentsClose CommentsPermalink
‘(6)(A) The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.CommentsClose CommentsPermalink
‘(B) The Director of the Office of Management and Budget, to the extent practicable, shall--CommentsClose CommentsPermalink
‘(i) ensure that--CommentsClose CommentsPermalink
‘(I) each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under
section 1105(a) of title 31, United States Code , for each fiscal year covered by the plan to carry out its responsibilities under the plan; andCommentsClose CommentsPermalink‘(II) the development and implementation of the Next Generation Air Transportation System remains on schedule;CommentsClose CommentsPermalink
‘(ii) include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System; andCommentsClose CommentsPermalink
‘(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget.CommentsClose CommentsPermalink
‘(7) The Associate Administrator of the Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.’.CommentsClose CommentsPermalink
(b) Integrated Plan- Section 709(b) of such Act (117 Stat. 2583) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘meets air’ and inserting ‘meets anticipated future air’; andCommentsClose CommentsPermalink
(B) by striking ‘beyond those currently included in the Federal Aviation Administration’s operational evolution plan’;CommentsClose CommentsPermalink
(2) at the end of paragraph (3) by striking ‘and’;CommentsClose CommentsPermalink
(3) at the end of paragraph (4) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes--CommentsClose CommentsPermalink
‘(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;CommentsClose CommentsPermalink
‘(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;CommentsClose CommentsPermalink
‘(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;CommentsClose CommentsPermalink
‘(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase;CommentsClose CommentsPermalink
‘(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan;CommentsClose CommentsPermalink
‘(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system;CommentsClose CommentsPermalink
‘(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); andCommentsClose CommentsPermalink
‘(H) a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System.’.CommentsClose CommentsPermalink
(c) NextGen Implementation Plan- Section 709(d) of such Act (117 Stat. 2584) is amended to read as follows:CommentsClose CommentsPermalink
‘(d) NextGen Implementation Plan- The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.’.CommentsClose CommentsPermalink
(d) Contingency Planning- The Associate Administrator for the Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.CommentsClose CommentsPermalink
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) Meetings- Section 710(a) of the Vision 100--Century of Aviation Reauthorization Act (
(b) Annual Report- Section 710 of such Act (117 Stat. 2584) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Annual Report-CommentsClose CommentsPermalink
‘(1) SUBMISSION TO CONGRESS- Not later than one year after the date of enactment of this subsection, and annually thereafter on the date of submission of the President’s budget request to Congress under
section 1105(a) of title 31, United States Code , the Secretary shall submit to Congress a report summarizing the progress made in carrying out the integrated work plan required by section 709(b)(5) and any changes in that plan.CommentsClose CommentsPermalink‘(2) CONTENTS- The report shall include--CommentsClose CommentsPermalink
‘(A) a copy of the updated integrated work plan;CommentsClose CommentsPermalink
‘(B) a description of the progress made in carrying out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;CommentsClose CommentsPermalink
‘(C) a detailed description of--CommentsClose CommentsPermalink
‘(i) the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; andCommentsClose CommentsPermalink
‘(ii) the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone;CommentsClose CommentsPermalink
‘(D) an explanation of any change to future years in the integrated work plan and the reasons for such change; andCommentsClose CommentsPermalink
‘(E) an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President’s budget request.’.CommentsClose CommentsPermalink
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a) is amended by striking paragraphs (2) and (3) and inserting the following:CommentsClose CommentsPermalink
‘(2) may construct and improve laboratories and other test facilities; andCommentsClose CommentsPermalink
‘(3) may dispose of any interest in property for adequate compensation, and the amount so received shall--CommentsClose CommentsPermalink
‘(A) be credited to the appropriation current when the amount is received;CommentsClose CommentsPermalink
‘(B) be merged with and available for the purposes of such appropriation; andCommentsClose CommentsPermalink
‘(C) remain available until expended.’.CommentsClose CommentsPermalink
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
(a) Review by DOT Inspector General-CommentsClose CommentsPermalink
(1) IN GENERAL- The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contracts entered into by the Administration to provide ADS-B services for the national airspace system.CommentsClose CommentsPermalink
(2) CONTENTS- The review shall include, at a minimum--CommentsClose CommentsPermalink
(A) an examination of how the Administration manages program risks;CommentsClose CommentsPermalink
(B) an assessment of expected benefits attributable to the deployment of ADS-B services, including the Administration’s plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained;CommentsClose CommentsPermalink
(C) an assessment of the Administration’s analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administration, for ADS-B In and ADS-B Out avionics equipage for airspace users;CommentsClose CommentsPermalink
(C) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor;CommentsClose CommentsPermalink
(D) an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration’s program for providing ADS-B services;CommentsClose CommentsPermalink
(E) an assessment of how security issues are being addressed in the overall design and implementation of the ADS-B system; andCommentsClose CommentsPermalink
(F) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention.CommentsClose CommentsPermalink
(3) REPORTS TO CONGRESS- The Inspector General shall submit, periodically (and on at least an annual basis), to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection.CommentsClose CommentsPermalink
(b) Rulemakings-CommentsClose CommentsPermalink
(1) ADS-B IN- Not later than one year after the date of enactment of this Act, the Administrator shall initiate a rulemaking proceeding to issue guidelines and regulations relating to ADS-B In technology that--CommentsClose CommentsPermalink
(A) identify the ADS-B In technology that will be required under NextGen;CommentsClose CommentsPermalink
(B) subject to paragraph (3), require all aircraft operating in capacity constrained airspace, at capacity constrained airports, or in any other airspace deemed appropriate by the Administrator to be equipped with ADS-B In technology by 2020; andCommentsClose CommentsPermalink
(C) identify--CommentsClose CommentsPermalink
(i) the type of avionics required of aircraft for all classes of airspace;CommentsClose CommentsPermalink
(ii) the expected costs associated with the avionics; andCommentsClose CommentsPermalink
(iii) the expected uses and benefits of the avionics.CommentsClose CommentsPermalink
(2) READINESS VERIFICATION- Before the date on which all aircraft are required to be equipped with ADS-B In technology pursuant to rulemakings conducted under paragraph (1), the Chief NextGen Officer shall verify that--CommentsClose CommentsPermalink
(A) the necessary ground infrastructure is installed and functioning properly;CommentsClose CommentsPermalink
(B) certification standards have been approved; andCommentsClose CommentsPermalink
(C) appropriate operational platforms interface safely and efficiently.CommentsClose CommentsPermalink
(c) Use of ADS-B Technology-CommentsClose CommentsPermalink
(1) PLANS- Not later than 18 months after the date of enactment of this Act, the Administrator shall develop, in consultation with appropriate employee and industry groups, a plan for the use of ADS-B technology for surveillance and active air traffic control.CommentsClose CommentsPermalink
(2) CONTENTS- The plan shall--CommentsClose CommentsPermalink
(A) include provisions to test the use of ADS-B technology for surveillance and active air traffic control in specific regions of the United States with the most congested airspace;CommentsClose CommentsPermalink
(B) identify the equipment required at air traffic control facilities and the training required for air traffic controllers;CommentsClose CommentsPermalink
(C) identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; andCommentsClose CommentsPermalink
(D) establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS-B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline.CommentsClose CommentsPermalink
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(a) Review- The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen.CommentsClose CommentsPermalink
(b) Contents- At a minimum, the review to be conducted under subsection (a) shall--CommentsClose CommentsPermalink
(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;CommentsClose CommentsPermalink
(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; andCommentsClose CommentsPermalink
(3) determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.CommentsClose CommentsPermalink
(c) Report- Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review conducted pursuant to subsection (a).CommentsClose CommentsPermalink
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) Airport Procedures-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, flight path service providers, and aircraft manufacturers that includes the following:CommentsClose CommentsPermalink
(A) RNP/RNAV OPERATIONS- The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the efficiency and capacity of NextGen commercial operations at the 35 operational evolution partnership airports identified by the Administration.CommentsClose CommentsPermalink
(B) COORDINATION AND IMPLEMENTATION ACTIVITIES- A description of the activities and operational changes and approvals required to coordinate and utilize those procedures at those airports.CommentsClose CommentsPermalink
(C) IMPLEMENTATION PLAN- A plan for implementing those procedures that establishes--CommentsClose CommentsPermalink
(i) clearly defined budget, schedule, project organization, and leadership requirements;CommentsClose CommentsPermalink
(ii) specific implementation and transition steps; andCommentsClose CommentsPermalink
(iii) baseline and performance metrics for--CommentsClose CommentsPermalink
(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; andCommentsClose CommentsPermalink
(II) achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance; andCommentsClose CommentsPermalink
(iv) expedited environmental review procedures for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii).CommentsClose CommentsPermalink
(D) ADDITIONAL PROCEDURES- A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may be required at such airports in the future.CommentsClose CommentsPermalink
(2) IMPLEMENTATION SCHEDULE- The Administrator shall certify, publish, and implement--CommentsClose CommentsPermalink
(A) 30 percent of the required procedures not later than 18 months after the date of enactment of this Act;CommentsClose CommentsPermalink
(B) 60 percent of the procedures not later than 36 months after the date of enactment of this Act; andCommentsClose CommentsPermalink
(C) 100 percent of the procedures before June 30, 2015.CommentsClose CommentsPermalink
(b) Establishment of Priorities- The Administrator shall extend the charter of the Performance Based Navigation Aviation Rulemaking Committee as necessary to establish priorities for the development, certification, publication, and implementation of the navigation performance and area navigation procedures based on their potential safety and efficiency benefits to other airports in the national airspace system.CommentsClose CommentsPermalink
(c) Coordinated and Expedited Review- Navigation performance and area navigation procedures developed, certified, published, and implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure.CommentsClose CommentsPermalink
(d) Deployment Plan for Nationwide Data Communications System- Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include--CommentsClose CommentsPermalink
(1) clearly defined budget, schedule, project organization, and leadership requirements;CommentsClose CommentsPermalink
(2) specific implementation and transition steps; andCommentsClose CommentsPermalink
(3) baseline and performance metrics for measuring the Administration’s progress in implementing the plan.CommentsClose CommentsPermalink
(e) Improved Performance Standards-CommentsClose CommentsPermalink
(1) ASSESSMENT OF WORK BEING PERFORMED UNDER NEXTGEN IMPLEMENTATION PLAN- The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine--CommentsClose CommentsPermalink
(A) whether utilization of ADS-B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently so as to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; andCommentsClose CommentsPermalink
(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies.CommentsClose CommentsPermalink
(2) AIRCRAFT SEPARATION STANDARDS- If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards.CommentsClose CommentsPermalink
(f) Third-Party Usage- The Administration shall establish a program under which the Administration will use third parties in the development, testing, and maintenance of flight procedures.CommentsClose CommentsPermalink
SEC. 214. PERFORMANCE METRICS.
(a) In General- Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to--CommentsClose CommentsPermalink
(1) actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports;CommentsClose CommentsPermalink
(2) average gate-to-gate times;CommentsClose CommentsPermalink
(3) fuel burned between key city pairs;CommentsClose CommentsPermalink
(4) operations using the advanced navigation procedures, including performance based navigation procedures;CommentsClose CommentsPermalink
(5) the average distance flown between key city pairs;CommentsClose CommentsPermalink
(6) the time between pushing back from the gate and taking off;CommentsClose CommentsPermalink
(7) continuous climb or descent;CommentsClose CommentsPermalink
(8) average gate arrival delay for all arrivals;CommentsClose CommentsPermalink
(9) flown versus filed flight times for key city pairs;CommentsClose CommentsPermalink
(10) implementation of NextGen Implementation Plan (NGIP), or any successor document, capabilities designed to reduce emissions and fuel consumption;CommentsClose CommentsPermalink
(11) the Administration’s unit cost of providing air traffic control services; andCommentsClose CommentsPermalink
(12) runway safety, including runway incursions, operational errors, and loss of standard separation events.CommentsClose CommentsPermalink
(b) Baselines- The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines.CommentsClose CommentsPermalink
(c) Publication- The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media.CommentsClose CommentsPermalink
(d) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains--CommentsClose CommentsPermalink
(1) a description of the metrics that will be used to measure the Administration’s progress in implementing NextGen capabilities and operational results;CommentsClose CommentsPermalink
(2) information on any additional metrics developed; andCommentsClose CommentsPermalink
(3) a process for holding the Administration accountable for meeting or exceeding the metrics baselines identified in subsection (b).CommentsClose CommentsPermalink
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including--CommentsClose CommentsPermalink
(1) establishment of updated project plans and timelines;CommentsClose CommentsPermalink
(2) identification of the specific activities needed to certify NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training;CommentsClose CommentsPermalink
(3) identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees;CommentsClose CommentsPermalink
(4) establishment of a program under which the Administration will use third parties in the certification process; andCommentsClose CommentsPermalink
(5) establishment of performance metrics to measure the Administration’s progress.CommentsClose CommentsPermalink
SEC. 216. SURFACE SYSTEMS ACCELERATION.
(a) In General- The Chief Operating Officer of the Air Traffic Organization shall--CommentsClose CommentsPermalink
(1) evaluate the Airport Surface Detection Equipment-Model X program for its potential contribution to implementation of the NextGen initiative;CommentsClose CommentsPermalink
(2) evaluate airport surveillance technologies and associated collaborative surface management software for potential contributions to implementation of NextGen surface management;CommentsClose CommentsPermalink
(3) accelerate implementation of the program referred to in paragraph (1); andCommentsClose CommentsPermalink
(4) carry out such additional duties as the Administrator of the Federal Aviation Administration may require.CommentsClose CommentsPermalink
(b) Expedited Certification and Utilization- The Administrator shall--CommentsClose CommentsPermalink
(1) consider options for expediting the certification of Ground-Based Augmentation System technology; andCommentsClose CommentsPermalink
(2) develop a plan to utilize such a system at the 35 operational evolution partnership airports by September 30, 2012.CommentsClose CommentsPermalink
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.
(a) Process for Employee Inclusion- Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen.CommentsClose CommentsPermalink
(b) Adherence to Deadlines- Participants in these processes shall adhere to all deadlines and milestones established pursuant to this title.CommentsClose CommentsPermalink
(c) No Change in Employee Status- Participation in these processes by an employee shall not--CommentsClose CommentsPermalink
(1) serve as a waiver of any bargaining obligations or rights;CommentsClose CommentsPermalink
(2) entitle the employee or employees to any additional compensation or benefits; orCommentsClose CommentsPermalink
(3) entitle the employee or employees to prevent or unduly delay the exercise of management prerogatives.CommentsClose CommentsPermalink
(d) Working Groups- Except in extraordinary circumstances, the Administrator shall not pay overtime related to work group participation.CommentsClose CommentsPermalink
(e) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall report to Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate concerning the disputes between participating employees and Administration management that have led to delays to the implementation of NextGen, including information on the source of the dispute, the resulting length of delay, and associated cost increases.CommentsClose CommentsPermalink
SEC. 218. SITING OF WIND FARMS NEAR FAA NAVIGATIONAL AIDS AND OTHER ASSETS.
(a) Survey and Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, in order to address safety and operational concerns associated with the construction, alteration, establishment, or expansion of wind farms in proximity to critical Federal Aviation Administration facilities, the Administrator of the Federal Aviation Administration shall complete a survey and assessment of leases for critical Administration facility sites, including--CommentsClose CommentsPermalink
(A) an inventory of the leases that describes, for each such lease--CommentsClose CommentsPermalink
(i) the periodic cost, location, site, terms, number of years remaining, and lessor;CommentsClose CommentsPermalink
(ii) other Administration facilities that share the leasehold, including surveillance and communications equipment; andCommentsClose CommentsPermalink
(iii) the type of transmission services supported, including the terms of service, cost, and support contract obligations for the services; andCommentsClose CommentsPermalink
(B) a list of those leases for facilities located in or near areas suitable for the construction and operation of wind farms, as determined by the Administrator in consultation with the Secretary of Energy.CommentsClose CommentsPermalink
(2) MEMORANDUM OF UNDERSTANDING- The Administrator and the Secretary of Energy shall enter into a memorandum of understanding regarding the use and distribution of the list referred to in paragraph (1)(B), including considerations of privacy and proprietary information, database development, or other relevant applications.CommentsClose CommentsPermalink
(3) REPORT- Upon completion of the survey and assessment, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General containing the Administrator’s findings, conclusions, and recommendations.CommentsClose CommentsPermalink
(b) GAO Assessment- Not later than 180 days after receiving the Administrator’s report under subsection (a)(2), the Comptroller General, in consultation with the Administrator and other interested parties, shall report on--CommentsClose CommentsPermalink
(1) the current and potential impact of wind farms on the national airspace system;CommentsClose CommentsPermalink
(2) the extent to which the Department of Defense and the Administration have guidance, processes, and procedures in place to evaluate the impact of wind farms on the implementation of the NextGen air traffic control system; andCommentsClose CommentsPermalink
(3) potential mitigation strategies, if necessary, to ensure that wind farms do not have an adverse impact on the implementation of the Next Generation air traffic control system, including the installation of navigational aids associated with that system.CommentsClose CommentsPermalink
(c) Issuance of Guidelines- Not later than 180 days after the Administrator receives the Comptroller’s recommendations, the Administrator shall consult with State, Federal, and industry stakeholders and publish guidelines for the construction and operation of wind farms that are to be located in proximity to critical Administration facilities. The guidelines may include--CommentsClose CommentsPermalink
(1) the establishment of a zone system for wind farms based on proximity to critical Administration assets;CommentsClose CommentsPermalink
(2) the establishment of turbine height and density limitations on such wind farms; andCommentsClose CommentsPermalink
(3) any other requirements or recommendations designed to address Administration safety or operational concerns related to the construction, alteration, establishment, or expansion of such wind farms.CommentsClose CommentsPermalink
(d) Reports- The Administrator and the Comptroller General shall provide a copy of reports under subsections (a) and (b), respectively, to the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services of the Senate, the Committee on Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Science and Technology of the House of Representatives.CommentsClose CommentsPermalink
SEC. 219. AIRSPACE REDESIGN.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.CommentsClose CommentsPermalink
(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009-2013 and the NextGen Implementation Plan.CommentsClose CommentsPermalink
(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.CommentsClose CommentsPermalink
(4) Several new runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds.CommentsClose CommentsPermalink
(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign-CommentsClose CommentsPermalink
(1) MONITORING- The Administrator, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.CommentsClose CommentsPermalink
(2) REPORT- Not later than one year following the first day of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1).CommentsClose CommentsPermalink
TITLE III--SAFETYCommentsClose CommentsPermalink
TITLE III--SAFETYCommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.
(a) Judicial Review of NTSB Decisions- Section 44703(d) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(3) A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 1153(c) is amended by striking ‘section 44709 or’ and inserting ‘section 44703(d), 44709, or’.CommentsClose CommentsPermalink
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704(a) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(5) RELEASE OF DATA-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Notwithstanding any other provision of law, the Administrator may make available upon request to a person seeking to maintain the airworthiness or develop product improvements of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if the Administrator determines that--CommentsClose CommentsPermalink
‘(i) the certificate containing the requested data has been inactive for 3 or more years, except that the Administrator may reduce this time if required to address an unsafe condition associated with the product;CommentsClose CommentsPermalink
‘(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record’s heir, of the type certificate or supplemental type certificate; andCommentsClose CommentsPermalink
‘(iii) making such data available will enhance aviation safety.CommentsClose CommentsPermalink
‘(B) ENGINEERING DATA DEFINED- In this section, the term ‘engineering data’ as used with respect to an aircraft, engine, propeller, or appliance means type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the aircraft, engine, propeller, or appliance.CommentsClose CommentsPermalink
‘(C) REQUIREMENT TO MAINTAIN DATA- The Administrator shall maintain engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate that has been inactive for 3 or more years.’.CommentsClose CommentsPermalink
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.
(a) In General- Section 44704(e) is amended to read as follows:CommentsClose CommentsPermalink
‘(e) Design and Production Organization Certificates-CommentsClose CommentsPermalink
‘(1) ISSUANCE- Beginning January 1, 2013, the Administrator may issue a certificate to a design organization, production organization, or design and production organization to authorize the organization to certify compliance of aircraft, aircraft engines, propellers, and appliances with the requirements and minimum standards prescribed under section 44701(a). An organization holding a certificate issued under this subsection shall be known as a certified design and production organization (in this subsection referred to as a ‘CDPO’).