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49 U.S.C. § 44706 — Airport operating certificates

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44706 — Airport operating certificates

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Stable record: federal_law:legal_authorities:record_usc_3710c8c93ebf47b468f13d60
Source file: Laws/federal/codes/united-states-code/title-49/section-44706-airport-operating-certificates--dd66df62ea.md
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Source location: Title 49, Chapter 447, § 44706; chapter-447-safety-regulation.md

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**(a) General.—** The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person desiring to operate an airport— (1) that serves an air carrier operating aircraft designed for at least 31 passenger seats; (2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and (3) that the Administrator requires to have a certificate; if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part. **(b) Terms.—** An airport operating certificate issued under this section shall contain terms necessary to ensure safety in air transportation. Unless the Administrator decides that it is not in the public interest, the terms shall include conditions related to— (1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used for landing, takeoff, or surface maneuvering of an aircraft; and (2) friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary. **(c) Exemptions.—** The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection (a) of this section having less than .25 percent of the total number of passenger boardings each year at all airports described in subsection (a) when the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical. **(d) Commuter Airports.—** In developing the terms required by subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative that will provide comparable safety at airports described in subsections (a)(1) and (a)(2). **(e) Effective Date.—** Any regulation establishing the terms required by subsection (b) for airports covered by subsection (a)(2) shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days have elapsed following the date of such submission. **(f) Limitation on Statutory Construction.—** Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport described in subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44711 — Prohibitions and exemption

**(a) Prohibitions.—** A person may not— (1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate; (2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce— (A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or (B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title; (3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed; (4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate; (5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title; (6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 ([33 U.S.C. 1602](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1602&num=0&edition=prelim)); (7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate; (8) operate an airport without an airport operating certificate required under [section 44706 of this t

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44711

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47107 — Project grant application approval conditioned on assurances about airport operations

**(a) General Written Assurances.—** The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— (1) the airport will be available for public use on reasonable conditions and without unjust discrimination; (2) air carriers making similar use of the airport will be subject to substantially comparable charges— (A) for facilities directly and substantially related to providing air transportation; and (B) regulations and conditions, except for differences based on reasonable classifications, such as between— (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; (3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status; (4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if— (A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and (B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator; (5) fixed-base operators similarly using the airport will be subject to the same charges; (6) an air carrier using the airport may service itself or use any fixed-bas

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47107

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47501 — Definitions

In this subchapter— (1) “airport” means a public-use airport as defined in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim). (2) “airport operator” means— (A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person holding an airport operating certificate issued under [section 44706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44706&num=0&edition=prelim); and (B) for any other airport, the person operating the airport.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47501

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44706 — Airport operating certificates

Page 1339 TITLE 49—TRANSPORTATION § 44706 of Federal Regulations[,] for commercial tour op- erators; ‘‘(ii) the adoption of maintenance standards that are comparable, as applicable, to the stand- ards under subpart J of part 135 of title 14, Code of Federal Regulations[,] for commercial tour op- erators; and ‘‘(iii) that beginning on a date determined ap- propriate by the Administrator, a helicopter oper- ated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data. ‘‘(C) FINAL RULE.—Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule. ‘‘(b) SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS.— ‘‘(1) AVIATION RULEMAKING COMMITTEE.—The Admin- istrator shall convene an aviation rulemaking com- mittee to review and develop findings and rec- ommendations to increase the safety of sport para- chute operations. ‘‘(2) CONTENTS.—This aviation rulemaking com- mittee convened under paragraph (1) shall consider, at a minimum— ‘‘(A) potential regulatory action governing para- chute operations that are conducted in the United States and are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to ad- dress— ‘‘(i) whether FAA-approved aircraft mainte- nance and inspection programs that consider, at a minimum, minimum equipment standards in- formed by recommended maintenance instruc- tions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and ‘‘(ii) initial and annual recurrent pilot training and proficiency checks for pilots conducting para- chute operation

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44706

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