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49 U.S.C. § 47129 — Resolution of disputes concerning airport fees

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

49 U.S.C. § 47129 — Resolution of disputes concerning airport fees

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Source file: Laws/federal/codes/united-states-code/title-49/section-47129-resolution-of-disputes-concerning-airport-fees--68067e697b.md
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Source location: Title 49, Chapter 471, § 47129; chapter-471-airport-development.md

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**(a) Authority To Request Secretary’s Determination.—** (1) **In general.—** — The Secretary of Transportation shall issue a determination as to whether a fee imposed upon one or more air carriers or foreign air carriers (as those terms are defined in section 40102) by the owner or operator of an airport is reasonable if— (A) a written request for such determination is filed with the Secretary by such owner or operator; or (B) a written complaint requesting such determination is filed with the Secretary by an affected air carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee. (2) **Calculation of fee.—** — A fee subject to a determination of reasonableness under this section may be calculated pursuant to either a compensatory or residual fee methodology or any combination thereof. (3) **Secretary not to set fee.—** — In determining whether a fee is reasonable under this section, the Secretary may only determine whether the fee is reasonable or unreasonable and shall not set the level of the fee. (4) **Fees imposed by privately-owned airports.—** — In evaluating the reasonableness of a fee imposed by an airport receiving an exemption under [section 47134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47134&num=0&edition=prelim), the Secretary shall consider whether the airport has complied with section 47134(c)(4). **(b) Procedural Regulations.—** Not later than 90 days after August 23, 1994, the Secretary shall publish in the Federal Register final regulations, policy statements, or guidelines establishing— (1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and (2) the standards or guidelines that shall be used by the Secretary in determining under this section whether an airport fee is reasonable. **(c) Decisions By Secretary.—** The final regulations, policy statements, or guidelines required in subsection (b) shall provide the following: (1) Not more than 120 days after an air carrier or foreign air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary shall issue a final order determining whether such fee is reasonable. (2) Within 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge; and thereafter the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary to ensure an orderly disposition of the matter within the 120-day period and any specifically applicable provisions of this section. (3) The administrative law judge shall issue a recommended decision within 60 days after the complaint is assigned or within such shorter period as the Secretary may specify. (4) If the Secretary, upon the expiration of 120 days after the filing of the complaint, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary. (5) Any party to the dispute may seek review of a final order of the Secretary under this subsection in the Circuit Court of Appeals for the District of Columbia Circuit or the court of appeals in the circuit where the airport which gives rise to the written complaint is located. (6) Any findings of fact in a final order of the Secretary under this subsection, if supported by substantial evidence, shall be conclusive if challenged in a court pursuant to this subsection. No objection to such a final order shall be considered by the court unless objection was urged before an administrative law judge or the Secretary at a proceeding under this subsection or, if not so urged, unless there were reasonable grounds for failure to do so. **(d) Payment Under Protest; Guarantee of Air Carrier and Foreign Air Carrier Access.—** (1) **Payment under protest.—** (A) *In general.—* — Any fee increase or newly established fee which is the subject of a complaint that is not dismissed by the Secretary shall be paid by the complainant air carrier or foreign air carrier to the airport under protest. (B) *Referral or credit.—* — Any amounts paid under this subsection by a complainant air carrier or foreign air carrier to the airport under protest shall be subject to refund or credit to the air carrier or foreign air carrier in accordance with directions in the final order of the Secretary within 30 days of such order. (C) *Assurance of timely repayment.—* — In order to assure the timely repayment, with interest, of amounts in dispute determined not to be reasonable by the Secretary, the airport shall obtain a letter of credit, or surety bond, or other suitable credit facility, equal to the amount in dispute that is due during the 120-day period established by this section, plus interest, unless the airport and the complainant air carrier or foreign air carrier agree otherwise. (D) *Deadline.—* — The letter of credit, or surety bond, or other suitable credit facility shall be provided to the Secretary within 20 days of the filing of the complaint and shall remain in effect for 30 days after the earlier of 120 days or the issuance of a timely final order by the Secretary determining whether such fee is reasonable. (2) **Guarantee of air carrier and foreign air carrier access.—** — Contingent upon an air carrier’s or foreign air carrier’s compliance with the requirements of paragraph (1) and pending the issuance of a final order by the Secretary determining the reasonableness of a fee that is the subject of a complaint filed under subsection (a)(1)(B), an owner or operator of an airport may not deny an air carrier or foreign air carrier currently providing air service at the airport reasonable access to airport facilities or service, or otherwise interfere with an air carrier’s or foreign air carrier’s prices, routes, or services, as a means of enforcing the fee. **(e) Applicability.—** This section does not apply to— (1) a fee imposed pursuant to a written agreement with air carriers or foreign air carriers using the facilities of an airport; (2) a fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994; or (3) any other existing fee not in dispute as of August 23, 1994. **(f) Effect On Existing Agreements.—** Nothing in this section shall adversely affect— (1) the rights of any party under any existing written agreement between an air carrier or foreign air carrier and the owner or operator of an airport; or (2) the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994. **(g) Definition.—** In this section, the term “fee” means any rate, rental charge, landing fee, or other service charge for the use of airport facilities.

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

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. (3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce. (4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; (D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; (E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. (7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) “airman” means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) exce

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102

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

49 U.S.C. § 47131 — Repealed. Pub. L. 118–63, title II, § 218(d), May 16, 2024, 138 Stat. 1055]

### Statutory Notes Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278, § 47129; renumbered § 47131, Pub. L. 103–305, title I, § 113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 106–181, title VII, § 722, Apr. 5, 2000, 114 Stat. 165; Pub. L. 112–95, title I, § 152(c), Feb. 14, 2012, 126 Stat. 34, related to annual report submitted to Congress on activities carried out under this subchapter during the prior fiscal year.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47131

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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. § 47134 — Airport investment partnership program

**(a) Submission of Applications.—** If a sponsor intends to sell or lease a general aviation airport or lease any other type of airport for a long term to a person (other than a public agency), the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section. **(b) Approval of Applications.—** The Secretary may approve applications submitted under subsection (a) granting exemptions from the following provisions: (1) **Use of revenues.—** (A) *In general.—* — The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this title (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— (i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or (ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary. (B) *Objection to exemption.—* — An air carrier shall be deemed to have approved a sponsor’s application for an exemption under subparagraph (A) unless the air carrier has submitted an objection, in writing, to the sponsor within 60 days of the filing of the sponsor’s application with the Secretary, or within 60 days of the service of the application upon that air carrier

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47134

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

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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

49 U.S.C. § 47129 — Resolution of disputes concerning air-

Page 1656 TITLE 49—TRANSPORTATION § 47129 Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows: ‘‘(d) ENDING EFFECTIVE DATE AND REPORT.—This sec- tion is effective only through September 30, 1996.’’ 1994—Subsec. (c). Pub. L. 103–429 substituted ‘‘sub- section (b)(1)(B) or (C)’’ for ‘‘subsection (b)(2) or (3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 47129. Resolution of disputes concerning air- port fees (a) AUTHORITY TO REQUEST SECRETARY’S DE- TERMINATION.— (1) IN GENERAL.—The Secretary of Transpor- tation shall issue a determination as to wheth- er a fee imposed upon one or more air carriers or foreign air carrier

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