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 carriers (as those terms are de- fined in section 40102) by the owner or operator of an airport is reasonable if— (A) a written request for such determina- tion 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 in- crease 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 deter- mining 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 AIR- PORTS.—In evaluating the reasonableness of a fee imposed by an airport receiving an exemp- tion under section 47134 of this title, the Sec- retary 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 regula- tions, policy statements, or guidelines estab- lishing— (1) the procedures for acting upon any writ- ten request or complaint filed under sub- section (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 reason- able. (c) DECISIONS BY SECRETARY.—The final regu- lations, policy statements, or guidelines re- quired in subsection (b) shall provide the fol- lowing: (1) Not more than 120 days after an air car- rier or foreign air carrier files with the Sec- retary a written complaint relating to an air- port 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 admin- istrative 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 provi- sions 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 ad- ministrative 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 sub- section. No objection to such a final order shall be considered by the court unless objec- tion 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 AC- CESS.— (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 air- port under protest. (B) REFERRAL OR CREDIT.—Any amounts paid under this subsection by a complainant air carrier or foreign air carrier to the air- port under protest shall be subject to refund Page 1657 TITLE 49—TRANSPORTATION § 47130 or credit to the air carrier or foreign air car- rier 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 sur- ety 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 sur- ety 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 oper- ator of an airport may not deny an air carrier or foreign air carrier currently providing air service at the airport reasonable access to air- port facilities or service, or otherwise inter- fere with an air carrier’s or foreign air car- rier’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 car- riers 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 exist- ing written agreement between an air carrier or foreign air carrier and the owner or oper- ator of an airport; or (2) the ability of an airport to meet its obli- gations under a financing agreement, or cov- enant, 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. (Added Pub. L. 103–305, title I, § 113(a)(2), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 104–264, title I, § 149(d), Oct. 9, 1996, 110 Stat. 3227; Pub. L. 104–287, § 5(85), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 112–95, title I, § 148(a), Feb. 14, 2012, 126 Stat. 31.) HISTORICAL AND REVISION NOTES PUB. L. 104–287, § 5(85)(A) This amends 49:47129(a)(1) to conform to the style of title 49. PUB. L. 104–287, § 5(85)(B) AND (C) These set out the date of enactment of 49:47129. Editorial Notes PRIOR PROVISIONS A prior section 47129 was renumbered section 47131 of this title and was subsequently repealed. AMENDMENTS 2012—Pub. L. 112–95, § 148(a)(1), substituted ‘‘Resolu- tion of disputes concerning airport fees’’ for ‘‘Resolu- tion of airport-air carrier disputes concerning airport fees’’ in section catchline. Subsec. (a)(1). Pub. L. 112–95, § 148(a)(6), (7), sub- stituted ‘‘air carriers or foreign air carriers’’ for ‘‘air carriers’’ and ‘‘(as those terms are defined in section 40102)’’ for ‘‘(as defined in section 40102 of this title)’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 112–95, § 148(a)(4), substituted ‘‘air carrier or foreign air carrier’’ for ‘‘air carrier’’. Subsec. (c)(1). Pub. L. 112–95, § 148(a)(4), substituted ‘‘air carrier or foreign air carrier’’ for ‘‘air carrier’’. Subsec. (d). Pub. L. 112–95, § 148(a)(2), inserted ‘‘and Foreign Air Carrier’’ after ‘‘Carrier’’ in heading. Subsec. (d)(1)(A) to (C). Pub. L. 112–95, § 148(a)(4), sub- stituted ‘‘air carrier or foreign air carrier’’ for ‘‘air car- rier’’ wherever appearing. Subsec. (d)(2). Pub. L. 112–95, § 148(a)(3)–(5), inserted ‘‘and foreign air carrier’’ after ‘‘carrier’’ in heading and, in text, substituted ‘‘air carrier’s or foreign air carrier’s’’ for ‘‘air carrier’s’’ in two places and ‘‘air car- rier or foreign air carrier’’ for ‘‘air carrier’’. Subsec. (e)(1). Pub. L. 112–95, § 148(a)(6), substituted ‘‘air carriers or foreign air carriers’’ for ‘‘air carriers’’. Subsec. (f)(1). Pub. L. 112–95, § 148(a)(4), substituted ‘‘air carrier or foreign air carrier’’ for ‘‘air carrier’’. 1996—Subsec. (a)(1). Pub. L. 104–287, § 5(85)(A), sub- stituted ‘‘of this title’’ for ‘‘of this subtitle’’ in intro- ductory provisions. Subsec. (a)(4). Pub. L. 104–264 added par. (4). Subsecs. (b), (e)(2). Pub. L. 104–287, § 5(85)(B), sub- stituted ‘‘August 23, 1994’’ for ‘‘the date of the enact- ment of this section’’. Subsec. (e)(3). Pub. L. 104–287, § 5(85)(C), substituted ‘‘August 23, 1994’’ for ‘‘such date of enactment’’. Subsec. (f)(2). Pub. L. 104–287, § 5(85)(B), substituted ‘‘August 23, 1994’’ for ‘‘the date of the enactment of this section’’. Statutory Notes and Related Subsidiaries 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. § 47130. Airport safety data collection Notwithstanding any other provision of law, the Administrator of the Federal Aviation Ad- ministration may award a contract, using sole source or limited source authority, or enter into a cooperative agreement with, or provide a grant from amounts made available under sec- tion 48103 to, a private company or entity for the collection of airport safety data. In the event that a grant is provided under this sec-