49 U.S.C. § 47145 — Pilot program for airport accessibility

Page 1670 TITLE 49—TRANSPORTATION § 47144 make a project grant out of funds apportioned under paragraph (1) or paragraph (2) of section 47114(c) to not more than 5 eligible sponsors to acquire and install qualifying non-movement area surveillance surface display systems and sensors. The airports selected to participate in the pilot program shall have existing Adminis- tration movement area systems and airlines that are participants in Federal Aviation Ad- ministration’s airport collaborative decision- making process. (2) DATA EXCHANGE PROCESSES.—As part of the pilot program carried out under this sec- tion, the Administrator may establish data ex- change processes to allow airport participa- tion in the Administration’s airport collabo- rative decision-making process and fusion of the non-movement surveillance data with the Administration’s movement area systems. (c) SUNSET.—This section shall cease to be ef- fective on October 1, 2028. (d) DEFINITIONS.—In this section: (1) NON-MOVEMENT AREA.—The term ‘‘non- movement area’’ means the portion of the air- field surface that is not under the control of air traffic control. (2) NON-MOVEMENT AREA SURVEILLANCE SUR- FACE DISPLAY SYSTEMS AND SENSORS.—The term ‘‘non-movement area surveillance sur- face display systems and sensors’’ means a non-Federal surveillance system that uses on- airport sensors that track vehicles or aircraft that are equipped with transponders in the non-movement area. (3) QUALIFYING NON-MOVEMENT AREA SURVEIL- LANCE SURFACE DISPLAY SYSTEM AND SEN- SORS.—The term ‘‘qualifying non-movement area surveillance surface display system and sensors’’ means a non-movement area surveil- lance surface display system that— (A) provides the required transmit and re- ceive data formats consistent with the Na- tional Airspace System architecture at the appropriate service delivery point; (B) is on-airport; and (C) is airport operated. (Added Pub. L. 115–254, div. B, title I, § 140(a), Oct. 5, 2018, 132 Stat. 3210; amended Pub. L. 118–15, div. B, title II, § 2202(i), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(i), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(i), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title VII, § 724, May 16, 2024, 138 Stat. 1267.) Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63 substituted ‘‘October 1, 2028’’ for ‘‘May 11, 2024’’. Pub. L. 118–41 substituted ‘‘May 11, 2024’’ for ‘‘March 9, 2024’’. 2023—Subsec. (c). Pub. L. 118–34 substituted ‘‘March 9, 2024’’ for ‘‘January 1, 2024’’. Pub. L. 118–15 substituted ‘‘January 1, 2024’’ for ‘‘Oc- tober 1, 2023’’. § 47144. Use of funds for repairs for runway safe- ty repairs (a) IN GENERAL.—The Secretary of Transpor- tation may make project grants under this sub- chapter to an airport described in subsection (b) from funds under section 47114 apportioned to that airport or funds available for discretionary grants to that airport under section 47115 to con- duct airport development to repair the runway safety area of the airport damaged as a result of a natural disaster in order to maintain compli- ance with the regulations of the Federal Avia- tion Administration relating to runway safety areas, without regard to whether construction of the runway safety area damaged was carried out using amounts the airport received under this subchapter. (b) AIRPORTS DESCRIBED.—An airport is de- scribed in this subsection if— (1) the airport is a public-use airport; (2) the airport is listed in the National Plan of Integrated Airport Systems of the Federal Aviation Administration; (3) the runway safety area of the airport was damaged as a result of a natural disaster; (4) the airport was denied funding under the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.) with respect to the disaster; (5) the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers thereof) whose action or inaction may have contributed to the need for the repair of the runway safety area; (6) there is still a demonstrated need for the runway safety area to accommodate current or imminent aeronautical demand; and (7) the cost of repairing or replacing the run- way safety area is reasonable in relation to the anticipated operational benefit of repair- ing the runway safety area, as determined by the Administrator of the Federal Aviation Ad- ministration. (Added Pub. L. 115–31, div. K, title I, § 119F(a), May 5, 2017, 131 Stat. 734; amended Pub. L. 118–63, title XI, § 1101(w), May 16, 2024, 138 Stat. 1414.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. CODIFICATION Section 119F(a) of Pub. L. 115–31, which directed amendment of ‘‘subchapter I of chapter 471’’ by adding at the end this section, was executed by adding this section at the end of subchapter I of chapter 471 of this title to reflect the probable intent of Congress. AMENDMENTS 2024—Subsec. (b)(4). Pub. L. 118–63 substituted ‘‘(42 U.S.C. 5121 et seq.)’’ for ‘‘(42 U.S.C. 4121 et seq.)’’. § 47145. Pilot program for airport accessibility (a) IN GENERAL.—The Secretary of Transpor- tation shall establish and carry out a pilot pro- gram to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with Page 1671 TITLE 49—TRANSPORTATION § 47145 1 See References in Text note below. disabilities by increasing the number of com- mercial service airports, airport terminals, or airport facilities that meet or exceed the stand- ards and regulations under the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) 1 and the Rehabilitation Act of 1973 (29 U.S.C. 701 note).1 (b) USE OF FUNDS.— (1) IN GENERAL.—Subject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or re- locate the infrastructure of an airport, air- port terminal, or airport facility to increase accessibility for individuals with disabil- ities, or as part of a plan to increase accessi- bility for individuals with disabilities; (B) to develop or modify a plan (as de- scribed in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assess- ments of planned modifications to an air- port, airport terminal, or airport facility for passenger use, performed by the dis- ability advisory committee of the recipi- ent airport (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a cen- ter for independent living, or a disability organization, including an advocacy or nonprofit organization that represents or provides services to individuals with dis- abilities; or (ii) coordination by the disability advi- sory committee of the recipient airport with a protection and advocacy system, center for independent living, or such dis- ability organization; or (C) to carry out any other project that meets or exceeds the standards and regula- tions described in subsection (a). (2) LIMITATION.—Eligible costs for a project funded with a grant awarded under this sec- tion shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) ELIGIBILITY.—A sponsor may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities— (1) consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) even if the related service, program, or activity, when viewed in the entirely of the service, program, or activity, is readily acces- sible and usable as so described. (d) SELECTION CRITERIA.—In making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessi- bility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessi- bility Enhancement Accreditation, through the incorporation of universal design prin- ciples. (e) ACCESSIBILITY COMMITMENT.—A sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the passenger experience and maximize accessibility of commercial service airports, airport terminals, or airport facili- ties for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessi- bility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other in- formation communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, in- cluding elevators that move power wheel- chairs to an aircraft; (2) improve the operations of, provide effi- ciencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee if the airport is a small, medium, or large hub airport; and (4) make improvements in personnel, infra- structure, and technology that can assist pas- senger self-identification regarding disability and needing assistance. (f) COORDINATION WITH DISABILITY ADVOCACY ENTITIES.—In administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy en- tities (such as the disability advisory com- mittee of the sponsor) and a protection and advocacy system for individuals with disabil- ities in the applicable State, a center for inde- pendent living, or a disability organization, including an advocacy or nonprofit organiza- tion that represents or provides services to in- dividuals with disabilities; and (2) assessments of accessibility or assess- ments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor pro- posed to be assisted under this section, taking into account any such assessment already con- ducted by the Federal Aviation Administra- tion. (g) FEDERAL SHARE OF COSTS.—The Govern- ment’s share of allowable project costs for a project carried out with a grant under this sec- tion shall be the Government’s share of allow- able project costs specified under section 47109. (h) DEFINITIONS.—In this section: (1) CENTER FOR INDEPENDENT LIVING.—The term ‘‘center for independent living’’ has the meaning given such term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a). Page 1672 TITLE 49—TRANSPORTATION § 47146 (2) DISABILITY ADVISORY COMMITTEE.—The term ‘‘disability advisory committee’’ means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and ap- propriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing bar- riers, expanding accessibility features, and im- proving accessibility for individuals with dis- abilities at airports. (3) PROTECTION AND ADVOCACY SYSTEM.—The term ‘‘protection and advocacy system’’ means a system established in accordance with section 143 of the Developmental Disabil- ities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043). (i) FUNDING.—Notwithstanding any other pro- vision of this chapter, for each of fiscal years 2025 through 2028, the Secretary may use up to $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year to carry out this section. (Added Pub. L. 118–63, title VII, § 725(a), May 16, 2024, 138 Stat. 1267.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (a), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. Title II of the Act is classified generally to sub- chapter II (§ 12131 et seq.) of chapter 126 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. § 47146. General aviation program runway exten- sion pilot program (a) ESTABLISHMENT.—The Secretary of Trans- portation shall establish and carry out a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) GRANTS.— (1) IN GENERAL.—For the purpose of carrying out the pilot program established in sub- section (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) USE OF FUNDS.—A sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary run- way by not greater than 1,000 feet in order to accommodate large turboprop or turbojet air- craft that cannot be accommodated with the existing runway length. (3) ELIGIBILITY.—To be eligible to receive a grant under this section, a sponsor of a gen- eral aviation airport shall submit an applica- tion to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) SELECTION.—In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities op- erating at the airport as of the date of sub- mission of such application; (B) a direct aircraft operational impedi- ment to airport economic viability, job cre- ation or retention, or local economic devel- opment; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) PROJECT JUSTIFICATION.—A project that demonstrates the criteria described in sub- section (b) shall be considered a justified cost with respect to the pilot program, notwith- standing— (1) any benefit-cost analysis required under section 47115(d); or (2) a project justification determination de- scribed in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Hand- book (dated September 30, 2014) (or any suc- cessor document). (d) FEDERAL SHARE.—The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (e) REPORT TO CONGRESS.—Not later than 5 years after the establishment of the pilot pro- gram under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a re- port that evaluates the pilot program, includ- ing— (1) information regarding the level of appli- cant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that re- ceived a grant under the pilot program in com- parison to the number of such aircraft that accessed the airport prior to the date of enact- ment of the FAA Reauthorization Act of 2024, based on data provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this sub- section; and (3) a description, provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this subsection, of the economic development op- portunities supported by increasing the run- way length at general aviation airports. (f) FUNDING.—For each of fiscal years 2025 through 2028, the Secretary may use funds under section 47116(b)(2) to carry out this section. (Added Pub. L. 118–63, title VII, § 726(a), May 16, 2024, 138 Stat. 1269.)