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 operations that address, at a minimum, operation- and aircraft-specific weight and bal- ance calculations, preflight inspections, emer- gency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and ‘‘(B) the revision of guidance material contained in the advisory circular of the FAA [Federal Avia- tion Administration] titled ‘Sport Parachuting’ (AC 105–2E) to include guidance for parachute oper- ations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and ‘‘(C) the revision of guidance materials issued in the order of the FAA titled ‘Flight Standards Infor- mation Management System’ (FAA Order 8900.1), to include guidance for FAA inspectors who oversee an operation conducted under— ‘‘(i) part 91 of title 14, Code of Federal Regula- tions; and ‘‘(ii) an exception specified in section 119.1(e) of title 14, Code of Federal Regulations. ‘‘(3) MEMBERSHIP.—The aviation rulemaking com- mittee under paragraph (1) shall consist of members appointed by the Administrator, including— ‘‘(A) representatives of industry, including manu- facturers of aircraft and aircraft technologies; ‘‘(B) parachute operators, or organizations that represent such operators; and ‘‘(C) aviation safety experts with specific knowl- edge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. ‘‘(4) DUTIES.— ‘‘(A) IN GENERAL.—The Administrator shall direct the aviation rulemaking committee to make find- ings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2). ‘‘(B) CONSIDERATIONS.—In carrying out its duties under subparagraph (A), the Administrator shall di- rect the aviation rulemaking committee to con- sider— ‘‘(i) findings and recommendations of the Na- tional Transportation Safety Board, as relevant, and specifically such findings and recommenda- tions related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; ‘‘(ii) recommendations of previous aviation rulemaking committees that considered similar issues; ‘‘(iii) recommendations from industry safety or- ganizations, including, at a minimum, the United States Parachute Association; ‘‘(iv) appropriate use of data for modifying be- havior to prevent accidents; ‘‘(v) data gathered from aviation safety report- ing programs; ‘‘(vi) the need to accommodate diversity of op- erations and mission sets; ‘‘(vii) accommodations necessary for small busi- nesses; and ‘‘(viii) other issues as necessary. ‘‘(5) REPORTS AND REGULATIONS.— ‘‘(A) IN GENERAL.—Not later than 36 months after the date of enactment of this Act, the Adminis- trator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee. ‘‘(B) CONTENTS.—The report under subparagraph (A) shall include— ‘‘(i) any recommendations submitted by the aviation rulemaking committee; and ‘‘(ii) any actions the Administrator intends to initiate, if necessary, as a result of such rec- ommendations. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) AIR CARRIER.—The term ‘air carrier’ has the meaning given such term in section 40102 of title 49, United States Code. ‘‘(2) COMMERCIAL AIR TOUR.—The term ‘commercial air tour’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. ‘‘(3) COMMERCIAL AIR TOUR OPERATOR.—The term ‘commercial air tour operator’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. ‘‘(4) PARACHUTE OPERATION.—The term ‘parachute operation’ has the meaning given such term in sec- tion 105.3 of title 14, Code of Federal Regulations (or any successor regulation).’’ § 44706. Airport operating certificates (a) GENERAL.—The Administrator of the Fed- eral Aviation Administration shall issue an air- port operating certificate to a person desiring to operate an airport— (1) that serves an air carrier operating air- craft 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 Page 1340 TITLE 49—TRANSPORTATION § 44706 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 safe- ty equipment, including firefighting and res- cue 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 sec- ondary runways that the Secretary of Trans- portation decides is necessary. (c) EXEMPTIONS.—The Administrator may ex- empt from the requirements of this section, re- lated 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 require- ments are or would be unreasonably costly, bur- densome, 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 estab- lishing 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 requir- ing a person to obtain an airport operating cer- tificate if such person does not desire to operate an airport described in subsection (a). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104–264, title IV, § 404, Oct. 9, 1996, 110 Stat. 3256.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44706(a) ...... 49 App.:1432(b) (1st, 2d sentences). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 612(b); added May 21, 1970, Pub. L. 91–258, § 51(b)(1), 84 Stat. 234; Nov. 27, 1971, Pub. L. 92–174, § 5(b), 85 Stat. 492; Sept. 3, 1982, Pub. L. 97–248, §§ 524(f), 525(b), 96 Stat. 697. 44706(b) ...... 49 App.:1432(b) (3d, last sentences). 44706(c) ...... 49 App.:1432(c). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 612(c); added July 12, 1976, Pub. L. 94–353, § 19(a), 90 Stat. 883; Sept. 3, 1982, Pub. L. 97–248, § 525(c), 96 Stat. 697. In subsection (a), before clause (1), the words ‘‘may file with the Administrator an application for an air- port operating certificate’’ are omitted as surplus. In clause (3), the words ‘‘the requirements of’’ are omitted as surplus. The word ‘‘rules’’ is omitted as being syn- onymous with ‘‘regulations’’. In subsection (b), before clause (1), the words ‘‘condi- tions, and limitations . . . reasonably’’ are omitted as surplus. In clause (2), the words ‘‘grooving or other’’ are omitted as surplus. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–264, § 404(a), added par. (2), redesignated former par. (2) as (3), substituted ‘‘if’’ for ‘‘(3) when’’ in former par. (3) and adjusted the mar- gins of that par. to make it a flush provision following par. (3). Subsec. (d). Pub. L. 104–264, § 404(b), added subsec. (d). Subsec. (e). Pub. L. 104–264, § 404(c), added subsec. (e). Subsec. (f). Pub. L. 104–264, § 404(d), added subsec. (f). 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. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. PFAS-RELATED RESOURCES FOR AIRPORTS Pub. L. 118–63, title VII, § 767, May 16, 2024, 138 Stat. 1291, provided that: ‘‘(a) PFAS REPLACEMENT PROGRAM FOR AIRPORTS.— Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transpor- tation], in consultation with the Administrator of the Environmental Protection Agency, shall establish a program to reimburse sponsors of eligible airports for the reasonable and appropriate costs incurred after September 12, 2023, and associated with any of the fol- lowing: ‘‘(1) The one-time initial acquisition by the sponsor of an eligible airport of an approved fluorine-free fire- fighting agent under Military Specification MIL–PRE–32725, dated January 12, 2023, in a quantity of— ‘‘(A) the capacity of all required aircraft rescue and firefighting equipment listed in the most re- cent FAA [Federal Aviation Administration]-ap- proved Airport Certification Manual, regardless of how the equipment was initially acquired; and ‘‘(B) twice the quantity carried onboard each re- quired truck available in the fire station for the eli- gible airport. ‘‘(2) The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aque- ous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such ap- proved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater gen- erated during the cleaning of firefighting equipment and vehicles. ‘‘(3) The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent. ‘‘(4) The acquisition of any equipment, or compo- nents thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent. ‘‘(5) The replacement of any aircraft rescue and firefighting equipment determined necessary to be re- placed by the Secretary. ‘‘(b) DISTRIBUTION OF FUNDS.— Page 1341 TITLE 49—TRANSPORTATION § 44707 ‘‘(1) GRANTS TO REPLACE AIRCRAFT RESCUE AND FIRE- FIGHTING VEHICLES.— ‘‘(A) IN GENERAL.—Of the amounts made available to carry out the PFAS replacement program, the Secretary [of Transportation] shall reserve up to $30,000,000 to make grants to each eligible airport that is designated under part 139 as an Index A air- port and does not have existing capabilities to produce fluorine-free firefighting foam for the re- placement of aircraft rescue and firefighting vehi- cles. ‘‘(B) AMOUNT.—The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000. ‘‘(2) REMAINING AMOUNTS.— ‘‘(A) DETERMINATION OF NEED.—With respect to the amount of firefighting foam concentrate re- quired for foam production commensurate with ap- plicable aircraft rescue and firefighting equipment required in accordance with the most recent FAA- approved Airport Certification Manual, the Sec- retary shall determine— ‘‘(i) for each eligible airport, the total amount of such concentrate required for all of the feder- ally required aircraft rescue and firefighting vehi- cles that meet index requirements under part 139, in gallons; and ‘‘(ii) for all eligible airports, the total amount of firefighting foam concentrate, in gallons. ‘‘(B) DETERMINATION OF GRANT AMOUNTS.—The Secretary shall make a grant to the sponsor of each eligible airport in an amount equal to the product of— ‘‘(i) the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and ‘‘(ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). ‘‘(c) PROGRAM REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall determine the eligibility of costs payable under the PFAS re- placement program by taking into account all engi- neering, technical, and environmental protocols and generally accepted industry standards that are devel- oped or established for approved fluorine-free fire- fighting foams. ‘‘(2) COMPLIANCE WITH APPLICABLE LAW.—To be eligi- ble for reimbursement under the program established under subsection (a), the sponsor of an eligible air- port shall carry out all actions related to the acquisi- tion, disposal, and transition to approved fluorine- free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all ap- plicable Federal laws in effect at the time of obliga- tion of a grant under this section. ‘‘(3) FEDERAL SHARE.—The Federal share of allow- able costs under the PFAS replacement program shall be 100 percent. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated not more than $350,000,000 to carry out the PFAS replacement program. ‘‘(2) REQUIREMENTS.—Amounts made available to carry out the PFAS replacement program shall— ‘‘(A) REMAIN AVAILABLE FOR EXPENDITURE FOR A PERIOD OF 5 FISCAL YEARS; AND ‘‘(B) be available in addition to any other funding available for similar purposes under any other Fed- eral, State, local, or Tribal program. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE AIRPORT.—The term ‘eligible airport’ means an airport holding an Airport Operating Cer- tificate issued under part 139. ‘‘(2) PART 139.—The term ‘part 139’ means part 139 of title 14, Code of Federal Regulations. ‘‘(3) PFAS REPLACEMENT PROGRAM.—The term ‘PFAS replacement program’ means the program es- tablished under subsection (a).’’ MAINTAINING SAFE FIRE AND RESCUE STAFFING LEVELS Pub. L. 118–63, title VII, § 769, May 16, 2024, 138 Stat. 1295, provided that: ‘‘(a) UPDATE TO REGULATION.—The Administrator [of the Federal Aviation Administration] shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual main- tains certification at the emergency medical techni- cian basic level, or higher, at a small, medium, or large hub airport. ‘‘(b) STAFFING REVIEW.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator shall conduct a review of airport environ- ments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at airports certified under part 139 of title 14, Code of Federal Reg- ulations. ‘‘(c) REPORT.—Not later than 1 year after completing the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] a report containing the results of the review.’’ FIREFIGHTING FOAM AND FLUORINATED CHEMICALS Pub. L. 115–254, div. B, title III, § 332(a), Oct. 5, 2018, 132 Stat. 3273, provided that: ‘‘Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administra- tion], using the latest version of National Fire Protec- tion Association 403, ‘Standard for Aircraft Rescue and Fire-Fighting Services at Airports’, and in coordina- tion with the Administrator of the Environmental Pro- tection Agency, aircraft manufacturers and airports, shall not require the use of fluorinated chemicals to meet the performance standards referenced in chapter 6 of AC No: 150/5210–6D and acceptable under [section] 139.319(l) of title 14, Code of Federal Regulations.’’ IMPROVEMENT OF RUNWAY SAFETY AREAS Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401, provided in part: ‘‘That not later than December 31, 2015, the owner or operator of an airport certificated under 49 U.S.C. 44706 shall improve the airport’s runway safety areas to comply with the Federal Aviation Ad- ministration design standards required by 14 CFR part 139: Provided further, That the Federal Aviation Admin- istration shall report annually to the Congress on the agency’s progress toward improving the runway safety areas at 49 U.S.C. 44706 airports.’’ SMALL AIRPORT CERTIFICATION Pub. L. 106–181, title V, § 518, Apr. 5, 2000, 114 Stat. 145, provided that, not later than 60 days after Apr. 5, 2000, the Administrator of the Federal Aviation Administra- tion would issue a notice of proposed rulemaking on implementing subsec. (a)(2) of this section relating to issuance of airport operating certificates for small scheduled passenger air carrier operations, and not later than 1 year after the last day of the period for public comment provided for in the notice of proposed rulemaking, the Administrator would issue a final rule on implementing this program. § 44707. Examining and rating air agencies The Administrator of the Federal Aviation Administration may examine and rate the fol- lowing air agencies: (1) civilian schools giving instruction in fly- ing or repairing, altering, and maintaining aircraft, aircraft engines, propellers, and ap- pliances, on the adequacy of instruction, the suitability and airworthiness of equipment, and the competency of instructors.