II 

116TH CONGRESS 

1ST SESSION S. 2198 

To promote the launch of aviation’s next era. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2019 

Mr. INHOFE (for himself and Mr. KING) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To promote the launch of aviation’s next era. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI4 TION OF ADMINISTRATOR. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Promoting the Launch of Aviation’s Next Era Act of 

7 2019’’ or the ‘‘PLANE Act of 2019’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

Sec. 1. Short title; table of contents; definition of Administrator. 

TITLE I—FAIRNESS FOR PILOTS 

Sec. 101. Expansion of Pilot’s Bill of Rights. 

Sec. 102. Enhancing protections for the aviation community. 


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Sec. 103. Limitations on reexamination of certificate holders. 

Sec. 104. Aviation rulemaking and exemption petition due process. 

Sec. 105. Timely resolution of investigations. 

TITLE II—FORWARD LOOKING INVESTMENT IN GENERAL 

AVIATION, HANGARS, AND TARMACS (FLIGHT ACT) 

Sec. 201. Establishment of public-private partnership program at general aviation airports. 

Sec. 202. General aviation airport entitlement reform. 

Sec. 203. Disaster relief airports. 

Sec. 204. Airport development relating to disaster relief. 

Sec. 205. Funding for projects as disaster relief airports. 

Sec. 206. Revision of automated weather observing systems (AWOS) policy. 

TITLE III—SECURING AND REVITALIZING AVIATION (SARA ACT) 

Sec. 301. Limitation of liability for certain individuals designated as representatives of the Federal Aviation Administration. 

TITLE IV—AIR TRAFFIC CONTROLLER REFORMS 

Sec. 401. Federal Aviation Administration Academy. 

Sec. 402. Practical experience for air traffic controllers. 

TITLE V—AVIATION FUEL TAXES 

Sec. 501. Treatment of fuel for use in aviation. 

TITLE VI—VOLUNTARY SURRENDER OF REPAIR STATION 

CERTIFICATE 

Sec. 601. Revision of certain regulations relating to repair station certificates. 

1 (c) DEFINITION OF ADMINISTRATOR.—In this Act, 

2 the term ‘‘Administrator’’ means the Administrator of the 

3 Federal Aviation Administration. 

4 TITLE I—FAIRNESS FOR PILOTS 

5 SEC. 101. EXPANSION OF PILOT’S BILL OF RIGHTS. 

6 (a) APPEALS OF SUSPENDED AND REVOKED AIRMAN

7 CERTIFICATES.—Section 2(d)(1) of the Pilot’s Bill of 

8 Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 

9 44703 note) is amended by striking ‘‘or imposing a puni10 tive civil action or an emergency order of revocation under 

11 subsections (d) and (e) of section 44709 of such title’’ and 


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1 inserting ‘‘suspending or revoking an airman certificate 

2 under section 44709(d) of such title, or imposing an emer3 gency order of revocation under subsections (d) and (e) 

4 of section 44709 of such title’’. 

5 (b) DE NOVO REVIEW BY DISTRICT COURT; BURDEN

6 OF PROOF.—Section 2(e) of the Pilot’s Bill of Rights 

7 (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 

8 note) is amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 

11 ‘‘(1) IN GENERAL.—In an appeal filed under 

12 subsection (d) in a United States district court with 

13 respect to a denial, suspension, or revocation of an 

14 airman certificate by the Administrator— 

15 ‘‘(A) the district court shall review the de16 nial, suspension, or revocation de novo, includ17 ing by— 

18 ‘‘(i) conducting a full independent re19 view of the complete administrative record 

20 of the denial, suspension, or revocation; 

21 ‘‘(ii) permitting additional discovery 

22 and the taking of additional evidence; and 

23 ‘‘(iii) making the findings of fact and 

24 conclusions of law required by Rule 52 of 

25 the Federal Rules of Civil Procedure withVerDate Sep 11 2014 23:15 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2198.IS S2198

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1 out being bound to any findings of fact of 

2 the Administrator or the National Trans3 portation Safety Board.’’; 

4 (2) by redesignating paragraph (2) as para5 graph (3); and 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) BURDEN OF PROOF.—In an appeal filed 

9 under subsection (d) in a United States district 

10 court after an exhaustion of administrative remedies, 

11 the burden of proof shall be as follows: 

12 ‘‘(A) In an appeal of the denial of an ap13 plication for the issuance or renewal of an air14 man certificate under section 44703 of title 49, 

15 United States Code, the burden of proof shall 

16 be upon the applicant denied an airman certifi17 cate by the Administrator. 

18 ‘‘(B) In an appeal of an order issued by 

19 the Administrator under section 44709 of title 

20 49, United States Code, the burden of proof 

21 shall be upon the Administrator.’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO24 CEDURE ACT.—Notwithstanding paragraph (1)(A) of 

25 this subsection or subsection (a)(1) of section 554 of 


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1 title 5, United States Code, section 554 of such title 

2 shall apply to adjudications of the Administrator 

3 and the National Transportation Safety Board to 

4 the same extent as that section applied to such adju5 dications before the date of enactment of the Pro6 moting the Launch of Aviation’s Next Era Act of 

7 2019.’’. 

8 SEC. 102. ENHANCING PROTECTIONS FOR THE AVIATION 

9 COMMUNITY. 

10 (a) NTSB REVIEW OF APPLICATION FOR AIRMAN

11 CERTIFICATE.—Section 44703(d) of title 49, United 

12 States Code, is amended— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (4), respectively; and 

15 (2) by inserting after paragraph (1), the fol16 lowing new paragraph: 

17 ‘‘(2) NTSB REVIEW.— 

18 ‘‘(A) IN GENERAL.—In the case of an ap19 plication for the issuance of an airman medical 

20 certificate, the National Transportation Safety 

21 Board may review a denial that may not be 

22 considered a final denial by the Administrator 

23 when the Administrator has twice reconsidered 

24 the application and sustained a previous denial 

25 on that application. 


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1 ‘‘(B) DEEMED DENIAL.—The Administra2 tor’s failure to rule upon a request for reconsid3 eration of the denial of issuance of an airman 

4 medical certificate within 60 days of the date 

5 on which the application to reconsider is sub6 mitted to the Administrator shall be deemed to 

7 be a denial of the application.’’. 

8 (b) VOLUNTARY SURRENDER OF AN AIRMAN MED9 ICAL CERTIFICATE.—Section 44703 of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(l) VOLUNTARY SURRENDER OF AN AIRMAN MED13 ICAL CERTIFICATE.—An airman may voluntarily sur14 render an airman medical certificate issued under this sec15 tion for cancellation at any time, unless the certificate is 

16 subject to a Federal Aviation Administration order of sus17 pension or revocation at the time of the voluntary sur18 render.’’. 

19 (c) APPEALS.—Section 44703(d)(1) of title 49, 

20 United States Code, is amended by striking ‘‘hold a certifi21 cate that’’ and all that follows through the period and in22 serting ‘‘holds a certificate that is suspended at the time 

23 of denial.’’. 

24 (d) REAPPLICATIONS.—Section 44709 of title 49, 

25 United States Code, is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e), the fol4 lowing new subsection: 

5 ‘‘(f) REAPPLICATIONS.—Except as provided in sec6 tion 44710, any person whose certificate has been revoked 

7 by an order of the Administrator or the National Trans8 portation Safety Board may reapply for a certificate at 

9 any time following the revocation.’’. 

10 (e) APPEAL OF SUSPENSION OR TERMINATION OF

11 DELEGATION.—Section 44702(d) of title 49, United 

12 States Code, is amended by adding at the end the fol13 lowing: ‘‘Subsections (d), (e), and (f) of section 44709 

14 shall apply to a rescission of a delegation under this sub15 section in the same manner as those subsections apply to 

16 an order of the Administrator or the National Transpor17 tation Safety Board under that section.’’. 

18 SEC. 103. LIMITATIONS ON REEXAMINATION OF CERTIFI19 CATE HOLDERS. 

20 (a) IN GENERAL.—Section 44709(a) of title 49, 

21 United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘reexamine’’ 

23 and inserting ‘‘, except as provided in paragraphs 

24 (2) and (3), reexamine’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(3) LIMITATION ON THE REEXAMINATION OF

2 AIRMAN CERTIFICATES.—The Administrator may 

3 not reexamine an airman holding a student, sport, 

4 recreational, or private pilot certificate issued under 

5 section 44703 of this title if the reexamination is or6 dered as a result of an event involving the fault of 

7 the Federal Aviation Administration or its designee, 

8 unless the Administrator has reasonable grounds— 

9 ‘‘(A) to establish that the airman may not 

10 be qualified to exercise the privileges of a cer11 tificate or rating issued to the airman by the 

12 Federal Aviation Administration or its designee, 

13 based upon an act or omission committed by 

14 the airman while exercising those privileges, 

15 after the issuance of the certificate or rating; or 

16 ‘‘(B) to demonstrate that the airman ob17 tained such a certificate or rating through 

18 fraudulent means or through an examination 

19 that was substantially and demonstrably inad20 equate to establish the airman’s qualifica21 tions.’’. 

22 (b) AMENDMENT, MODIFICATION, SUSPENSION, OR

23 REVOCATION OF AIRMAN CERTIFICATES AFTER REEXAM24 INATION.—Section 44709(b) of title 49, United States 

25 Code, is amended— 


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1 (1) in paragraph (1), by redesignating subpara2 graphs (A) and (B) as clauses (i) and (ii), respec3 tively, and by moving such clauses, as so redesig4 nated, 2 ems to the right; 

5 (2) by redesignating paragraphs (1) and (2) as 

6 subparagraphs (A) and (B), respectively, and by 

7 moving such subparagraphs, as so redesignated, 2 

8 ems to the right; 

9 (3) in the matter preceding subparagraph (A), 

10 as redesignated, by striking ‘‘The Administrator’’ 

11 and inserting the following: 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), the Administrator’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN16 SIONS, AND REVOCATIONS OF AIRMAN CERTIFICATES

17 AFTER REEXAMINATION.— 

18 ‘‘(A) IN GENERAL.—The Administrator 

19 may not issue an order to amend, modify, sus20 pend, or revoke an airman certificated held by 

21 a student, sport, recreational, or private pilot 

22 and issued under section 44703 of this title 

23 after a reexamination of the airman holding the 

24 certificate unless the Administrator determines 

25 that the airman— 


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1 ‘‘(i) lacks the technical skills and com2 petency, or care, judgment, and responsi3 bility, necessary to hold and safely exercise 

4 the privileges of the certificate; or 

5 ‘‘(ii) materially contributed to the 

6 issuance of the certificate by fraudulent 

7 means. 

8 ‘‘(B) STANDARD OF REVIEW.—Any order 

9 of the Administrator under this paragraph shall 

10 be subject to the standard of review provided 

11 for under section 2 of the Pilot’s Bill of Rights 

12 (49 U.S.C. 44703 note).’’. 

13 (c) CONFORMING AMENDMENTS.—Section 

14 44709(d)(1) of title 49, United States Code, is amended— 

15 (1) in subparagraph (A), by striking ‘‘sub16 section (b)(1)(A)’’ and inserting ‘‘subsection 

17 (b)(1)(A)(i)’’; and 

18 (2) in subparagraph (B), by striking ‘‘sub19 section (b)(1)(B)’’ and inserting ‘‘subsection 

20 (b)(1)(A)(ii)’’. 

21 SEC. 104. AVIATION RULEMAKING AND EXEMPTION PETI22 TION DUE PROCESS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Administrator of the 

25 Federal Aviation Administration shall issue a final rule 


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1 that amends, as appropriate, sections 11.61 through 

2 11.103 of title 14, Code of Federal Regulations (Petitions 

3 for Rulemaking and for Exemption) to do the following: 

4 (1) Add the following decision factors to the de5 cision factors the Federal Aviation Administration 

6 considers pursuant to subsection (a) of section 11.73 

7 of such title 14 when deciding whether to act on a 

8 petition for rulemaking: 

9 (A) The number of certificate holders di10 rectly affected by the proposed rulemaking. 

11 (B) The impact of the proposed rule12 making on small businesses. 

13 (C) The number of organizations request14 ing the proposed rulemaking. 

15 (2) Require the designation of an employee of 

16 the Federal Aviation Administration to manage each 

17 petition filed. 

18 (3) Require notification of the following to each 

19 petitioner within 30 days of receipt of a petition for 

20 rulemaking properly submitted pursuant to such sec21 tion 11.71, a petition for exemption properly sub22 mitted pursuant to section 11.81 of such title 14, or 

23 a petition for reconsideration submitted pursuant to 

24 section 11.101 of such title 14: 


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1 (A) The name and contact information for 

2 the employee of the Federal Aviation Adminis3 tration designated pursuant to the requirement 

4 under paragraph (2). 

5 (B) How the Federal Aviation Administra6 tion will dispose of the petition. 

7 (C) If the Federal Aviation Administration 

8 determines that the petition justifies Adminis9 tration action, a timeline for such action. 

10 (D) If the Federal Aviation Administration 

11 determines that the petition does not justify 

12 Administration action, the basis for that deci13 sion with specific reference to the decision fac14 tors under subsection (a) of such section 11.71 

15 for petitions for rulemaking, under such section 

16 11.81 for petitions for exemption, or under such 

17 section 11.101 for petitions for reconsideration, 

18 as applicable. 

19 (b) REPORT TO CONGRESS.—Not later than Sep20 tember 30, 2020, and each subsequent year thereafter, the 

21 Administrator shall submit to the Committee on Com22 merce, Science, and Transportation of the Senate and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives a report that details the fol25 lowing with respect to the prior calendar year: 


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1 (1) The number of petitions for rulemaking 

2 submitted pursuant to sections 11.63 and 11.71 of 

3 such title 14. 

4 (2) For each such petition for rulemaking— 

5 (A) the regulations impacted or relevant to 

6 the petition; and 

7 (B) the nature, disposition, and status of 

8 each petition. 

9 (3) The number of petitions for exemption sub10 mitted pursuant to such 11.81. 

11 (4) For each such petition for exemption— 

12 (A) the regulation from which exemption is 

13 sought; and 

14 (B) the disposition and status of each peti15 tion. 

16 (5) The number of petitions for reconsideration 

17 submitted pursuant to section 11.101. 

18 (6) For each such petition for reconsideration— 

19 (A) the regulation from which reconsider20 ation is sought; and 

21 (B) the disposition and status of each peti22 tion. 


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1 SEC. 105. TIMELY RESOLUTION OF INVESTIGATIONS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Administrator shall issue a final rule to 

4 amend, as appropriate— 

5 (1) subpart A of part 13 of title 14, Code of 

6 Federal Regulations, to require the completion of an 

7 investigation and a decision by the Administrator on 

8 whether to initiate a subsequent action within 2 

9 years from the date upon which a complaint is first 

10 filed pursuant to section 13.5 of such title 14; and 

11 (2) subpart F of such part 13 to require the 

12 completion of an investigation and a decision by the 

13 Administrator on whether to initiate a subsequent 

14 action within 2 years of the issuance of an order of 

15 investigation pursuant to section 13.103 of such title 

16 14. 

17 TITLE II—FORWARD LOOKING 

18 INVESTMENT IN GENERAL 

19 AVIATION, HANGARS, AND 

20 TARMACS (FLIGHT ACT) 

21 SEC. 201. ESTABLISHMENT OF PUBLIC-PRIVATE PARTNER22 SHIP PROGRAM AT GENERAL AVIATION AIR23 PORTS. 

24 (a) IN GENERAL.—Chapter 481 of title 49, United 

25 States Code, is amended by adding at the end the fol26 lowing: 


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1 ‘‘§ 48115. General aviation public-private partnership 

2 program 

3 ‘‘(a) SMALL AIRPORT PUBLIC-PRIVATE PARTNER4 SHIP PROGRAM.—The Secretary of Transportation shall 

5 establish a program that meets the requirements under 

6 this section for improving facilities at— 

7 ‘‘(1) general aviation airports; and 

8 ‘‘(2) privately owned airports used or intended 

9 to be used for public purposes that do not have 

10 scheduled air service. 

11 ‘‘(b) APPLICATION REQUIRED.—The operator or 

12 sponsor of an airport, or the community in which an air13 port is located, seeking, on behalf of the airport, to partici14 pate in the program established under subsection (a) shall 

15 submit an application to the Secretary in such form, at 

16 such time, and containing such information as the Sec17 retary may require, including— 

18 ‘‘(1) an assessment of the needs of the airport 

19 for additional or improved hangars, airport busi20 nesses, or other facilities; 

21 ‘‘(2) the ability of the airport to leverage pri22 vate sector investments on the airport or develop 

23 public-private partnerships to build or improve facili24 ties at the airport; and 


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1 ‘‘(3) if the application is submitted by a com2 munity, evidence that the airport supports the appli3 cation. 

4 ‘‘(c) LIMITATION.— 

5 ‘‘(1) STATE LIMIT.—Not more than 4 airports 

6 in the same State may be selected to participate in 

7 the program established under subsection (a) in any 

8 fiscal year. 

9 ‘‘(2) DOLLAR AMOUNT LIMIT.—Not more than 

10 $500,000 shall be made available for any airport in 

11 any fiscal year under the program established under 

12 subsection (a). 

13 ‘‘(d) PRIORITIES.—In selecting airports for participa14 tion in the program established under subsection (a), the 

15 Secretary shall give priority to airports at which— 

16 ‘‘(1) the operator or sponsor of the airport, or 

17 the community in which the airport is located— 

18 ‘‘(A) will provide a portion of the cost of 

19 the project for which assistance is sought under 

20 the program from local sources; 

21 ‘‘(B) will employ best business practices in 

22 developing or implementing a public-private 

23 partnership; or 


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1 ‘‘(C) has established, or will establish, a 

2 public-private partnership to build or improve 

3 facilities at the airport; or 

4 ‘‘(2) the assistance will be used in a timely 

5 fashion. 

6 ‘‘(e) TYPES OF ASSISTANCE.—The Secretary may 

7 use amounts made available under this section— 

8 ‘‘(1) to provide assistance to market an airport 

9 to private entities or individuals in order to leverage 

10 private sector investments or develop public-private 

11 partnerships for the purposes of building or improv12 ing hangars, businesses, or other facilities at the air13 port; 

14 ‘‘(2) to fund studies that consider what meas15 ures an airport should take to attract private sector 

16 investment at the airport; or 

17 ‘‘(3) to participate in a partnership described in 

18 paragraph (1) or an investment described in para19 graph (2). 

20 ‘‘(f) AUTHORITY TO MAKE AGREEMENTS.—The Sec21 retary may enter into agreements with airports and enti22 ties entering into partnerships with airports under this 

23 section to provide assistance under this section. 

24 ‘‘(g) AVAILABILITY OF AMOUNTS FROM AIRPORT

25 AND AIRWAY TRUST FUND.— 


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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated, out of the Airport and Airway Trust 

3 Fund established under section 9502 of the Internal 

4 Revenue Code of 1986, $5,000,000 for each of the 

5 fiscal years 2020 through 2025 to carry out this sec6 tion. Amounts appropriated pursuant to this para7 graph shall remain available until expended. 

8 ‘‘(2) AVAILABILITY.—Amounts appropriated 

9 pursuant to paragraph (1)— 

10 ‘‘(A) shall remain available until expended; 

11 and 

12 ‘‘(B) shall be in addition to any amounts 

13 made available pursuant to section 48103.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 481 of such title is amended by adding at the end the 

16 following: 

‘‘48115. General aviation public-private partnership program.’’. 

17 (c) EXPENDITURE AUTHORITY FROM AIRPORT AND

18 AIRWAY TRUST FUND.—Section 9502(d)(1)(A) of the In19 ternal Revenue Code of 1986 is amended by inserting ‘‘or 

20 section 47143 of title 49, United States Code’’ before the 

21 semicolon at the end. 


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1 SEC. 202. GENERAL AVIATION AIRPORT ENTITLEMENT RE2 FORM. 

3 (a) UNITED STATES SHARE OF PROJECT COSTS.— 

4 Section 47109 of title 49, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘(g) GENERAL AVIATION AIRPORTS.—The Govern7 ment’s share of allowable project costs may be increased 

8 by the Administrator of the Federal Aviation Administra9 tion to 95 percent for a project— 

10 ‘‘(1) at an airport that is not a primary airport 

11 if the Administrator determines that the project will 

12 increase safety or security at that airport; or 

13 ‘‘(2) at an airport that is categorized as a basic 

14 or unclassified airport in the report of the Federal 

15 Aviation Administration entitled ‘General Aviation 

16 Airports: A National Asset’ and dated May 2012.’’. 

17 (b) USE OF APPORTIONED AMOUNTS.—Section 

18 47117(e)(1) of title 49, United States Code, is amended 

19 by adding at the end the following: 

20 ‘‘(D) All amounts subject to apportionment for 

21 a fiscal year that are not apportioned under section 

22 47114(d), for grants to sponsors of general aviation 

23 airports, reliever airports, or nonprimary commercial 

24 service airports.’’. 


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1 SEC. 203. DISASTER RELIEF AIRPORTS. 

2 (a) DESIGNATION OF DISASTER RELIEF AIR3 PORTS.— 

4 (1) IN GENERAL.—Subchapter I of Chapter 

5 471 is amended by inserting after section 47131 the 

6 following: 

7 ‘‘§ 47132. Disaster relief airports 

8 ‘‘(a) DESIGNATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Transpor10 tation shall designate as a disaster relief airport an 

11 airport that— 

12 ‘‘(A) is categorized as a regional reliever 

13 airport in the report issued by the Federal 

14 Aviation Administration entitled ‘National Plan 

15 of Integrated Airport Systems (NPIAS) 2017– 

16 2021’; 

17 ‘‘(B) is within a reasonable distance, as de18 termined by the Secretary, of a hospital or 

19 transplant or trauma center; 

20 ‘‘(C) is in a region that the Secretary de21 termines under subsection (b) is prone to nat22 ural disasters; 

23 ‘‘(D) has at least one paved runway with 

24 not less than 3,400 feet of useable length capa25 ble of supporting aircraft up to 12,500 pounds; 


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1 ‘‘(E) has aircraft maintenance or servicing 

2 facilities at the airport able to provide aircraft 

3 fueling and light maintenance services; and 

4 ‘‘(F) has adequate taxiway and ramp space 

5 to accommodate single-engine or light multi-en6 gine aircraft simultaneously for loading and un7 loading of supplies. 

8 ‘‘(2) DESIGNATION IN STATES WITHOUT QUALI9 FYING AIRPORTS.—If fewer than 3 airports de10 scribed in paragraph (1) are located in a State, the 

11 Secretary, in consultation with aviation officials of 

12 that State, shall designate not more than 3 general 

13 aviation airports in that State as a disaster relief 

14 airport under this section. 

15 ‘‘(b) PRONE TO NATURAL DISASTERS.— 

16 ‘‘(1) IN GENERAL.—For the purposes of sub17 section (a)(1)(C), a region is prone to natural disas18 ters if— 

19 ‘‘(A) in the case of earthquakes, there is 

20 not less than a 50 percent probability that an 

21 earthquake of magnitude 6 or above will occur 

22 in the region within 30 years, according to the 

23 United States Geological Survey; and 

24 ‘‘(B) in the case of other types of natural 

25 disasters, the President has declared more than 


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1 5 major disasters in the region under section 

2 401 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 

4 5170), according to the most recent map of the 

5 Federal Emergency Management Agency. 

6 ‘‘(2) NATURAL DISASTER DEFINED.—For the 

7 purposes of this section, the term ‘natural disaster’ 

8 includes a hurricane, tornado, severe storm, high 

9 water, wind-driven water, tidal wave, tsunami, earth10 quake, volcanic eruption, landslide, mudslide, snow11 storm, drought, or wildfire. 

12 ‘‘(c) REQUIREMENTS.— 

13 ‘‘(1) OPERATION AND MAINTENANCE.— 

14 ‘‘(A) IN GENERAL.—A disaster relief air15 port and the facilities and fixed-based operators 

16 on or connected with the airport shall be oper17 ated and maintained in a manner the Secretary 

18 consider suitable for disaster relief. 

19 ‘‘(B) EXCLUSION.—A disaster relief air20 port shall not be considered to be in violation 

21 of subparagraph (A) if a runway is unuseable 

22 because the runway is under scheduled mainte23 nance or is in need of necessary repairs. 

24 ‘‘(2) COMPLIANCE WITH ASSURANCES ON AIR25 PORT OPERATIONS.—A disaster relief airport shall 


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1 comply with the provisions of section 47107 as if the 

2 airport has received a project grant under this sub3 chapter. 

4 ‘‘(3) NATURAL DISASTER MANAGEMENT

5 PLAN.—A disaster relief airport shall develop an 

6 emergency natural disaster management plan in co7 ordination with local emergency response teams and 

8 first responders. 

9 ‘‘(d) CIVIL PENALTY.—A public agency that know10 ingly violates this section shall be liable to the United 

11 States Government for a civil penalty of not more than 

12 $10,000 for each day of the violation. 

13 ‘‘(e) CONSIDERATION FOR PROJECT GRANTS.—The 

14 Secretary shall give consideration to the role an airport 

15 plays in disaster relief when determining whether to pro16 vide a grant for the airport under this subchapter. 

17 ‘‘(f) APPLICABILITY OF OTHER LAWS.—This section 

18 shall apply notwithstanding any other law, rule, regula19 tion, or agreement.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 471 of such title is amended by inserting after the 

22 item relating to section 47131 the following: 

‘‘47132. Disaster relief airports.’’. 


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1 SEC. 204. AIRPORT DEVELOPMENT RELATING TO DISASTER 

2 RELIEF. 

3 Section 47102(3) of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(S) planning, acquiring, or constructing 

6 at an airport designated as a disaster relief air7 port under section 47132, including— 

8 ‘‘(i) planning for disaster prepared9 ness associated with maintaining airport 

10 operations during a natural disaster; 

11 ‘‘(ii) airport communication equip12 ment and fixed emergency generators that 

13 are not able to be acquired by programs 

14 funded under the Department of Home15 land Security; and 

16 ‘‘(iii) constructing, expanding, and im17 proving airfield infrastructure to include 

18 aprons and terminal buildings the Sec19 retary determines will facilitate disaster re20 sponse at the airport.’’. 

21 SEC. 205. FUNDING FOR PROJECTS AS DISASTER RELIEF 

22 AIRPORTS. 

23 (a) IN GENERAL.—Section 47114(d)(3) of title 49, 

24 United States Code, is amended— 

25 (1) by redesignating subparagraphs (A) through 

26 (D) as subparagraphs (B) through (E), respectively; 


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1 (2) by inserting before subparagraph (B), as re2 designated by subparagraph (A), the following: 

3 ‘‘(A) Not less than $25,000 to airports 

4 designated as disaster relief airports under sec5 tion 47132 to enhance the ability of such air6 ports to aid in disaster relief, including through 

7 funding for airport development described in 

8 section 47102(3)(P).’’; and 

9 (3) in subparagraphs (D) and (E), as redesig10 nated by subparagraph (A), by striking ‘‘subpara11 graph (A)’’ each place it appears and inserting ‘‘sub12 paragraph (B)’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 47106(a)(7) of title 49, United 

15 States Code, is amended by striking 

16 ‘‘47114(d)(3)(B)’’ and inserting ‘‘47114(d)(3)(C)’’. 

17 (2) Section 47117(b)(2) of title 49, United 

18 States Code, is amended— 

19 (A) in subparagraph (A)(i), by striking 

20 ‘‘(3)(A)’’ and inserting ‘‘(3)(B)’’; and 

21 (B) in subparagraph (B)— 

22 (i) by striking ‘‘47114(d)(3)(A)’’ and 

23 inserting ‘‘47114(d)(3)(B)’’; and 

24 (ii) by striking ‘‘47114(d)(3)(B)’’ and 

25 inserting ‘‘47114(d)(3)(C)’’. 


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1 SEC. 206. REVISION OF AUTOMATED WEATHER OBSERVING 

2 SYSTEMS (AWOS) POLICY. 

3 (a) IN GENERAL.—Section 553(d)(1) of the FAA Re4 authorization Act of 2018 (Public Law 115–254) is 

5 amended— 

6 (1) in subparagraph (B), by striking ‘‘and’’ at 

7 the end; 

8 (2) by redesignating subparagraph (C) as sub9 paragraph (D); and 

10 (3) by inserting after subparagraph (B) the fol11 lowing new subparagraph: 

12 ‘‘(D) the Secretary determines the grant 

13 obligation does not exceed the amounts made 

14 available under paragraph (1) of section 

15 47117(f) of such title 49 for that fiscal year; 

16 and’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect as if included in the enact19 ment of the FAA Reauthorization Act of 2018 (Public 

20 Law 115–254). 


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1 TITLE III—SECURING AND REVI2 TALIZING AVIATION (SARA 

3 ACT) 

4 SEC. 301. LIMITATION OF LIABILITY FOR CERTAIN INDIVID5 UALS DESIGNATED AS REPRESENTATIVES OF 

6 THE FEDERAL AVIATION ADMINISTRATION. 

7 (a) IN GENERAL.—Any individual designated by the 

8 Administrator under subpart C of part 183 of title 14, 

9 Code of Federal Regulations, to act as a representative 

10 of the Administrator, including an aviation medical exam11 iner, pilot examiner, or designated airworthiness rep12 resentative, shall, when carrying out duties pursuant to 

13 that designation and without regard to the individual’s 

14 employer— 

15 (1) be considered to be performing an activity 

16 necessary to safeguard a uniquely Federal interest; 

17 and 

18 (2) not be liable in a civil action for actions per19 formed with reasonable care in connection with those 

20 duties. 

21 (b) FRAUDULENT MISCONDUCT.—This section does 

22 not relieve an individual described in subsection (a) that 

23 causes harm to any person through intentional or fraudu24 lent misconduct while carrying out duties pursuant to that 


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1 subsection from any penalty applicable under any provi2 sion of law for that misconduct. 

3 (c) ACTIVITY COVERED.—This section shall only 

4 apply to those individuals carrying out their duties within 

5 the United States or its territories. 

6 TITLE IV—AIR TRAFFIC 

7 CONTROLLER REFORMS 

8 SEC. 401. FEDERAL AVIATION ADMINISTRATION ACADEMY. 

9 The Administrator shall designate all necessary em10 ployees at the Mike Monroney Aeronautical Center in 

11 Oklahoma City, Oklahoma, as excepted employees in the 

12 event of a covered lapse in appropriations (as such terms 

13 are defined in section 1341(c) of title 31, United States 

14 Code) that is in effect on or after the date of enactment 

15 of this Act to ensure that the Federal Aviation Adminis16 tration Academy remains open and capable of continuing 

17 to train air traffic controllers for the duration of the cov18 ered lapse in appropriations to the Federal Aviation Ad19 ministration. 

20 SEC. 402. PRACTICAL EXPERIENCE FOR AIR TRAFFIC CON21 TROLLERS. 

22 (a) REVIEW.— 

23 (1) IN GENERAL.—The Administrator shall as24 sign to the Aviation Rulemaking Advisory Com25 mittee (in this section referred to as the ‘‘ComVerDate Sep 11 2014 23:15 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2198.IS S2198

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1 mittee’’) the task of reviewing all regulations and 

2 policies related to the training of air traffic control 

3 tower operators, including the practical experience 

4 requirements. 

5 (2) RECOMMENDATIONS.—After conducting the 

6 review under paragraph (1), the Committee shall, 

7 not later than 6 months after the date of enactment 

8 of this Act, submit to the Administrator rec9 ommendations on the following: 

10 (A) Ways to modify the requirements de11 scribed in paragraph (1) to enable the contract 

12 tower industry to prepare and better utilize ap13 proved air traffic collegiate training initiative 

14 (AT–CTI) school graduates, veterans, and other 

15 qualified air traffic control program graduates 

16 for work at air traffic control facilities in the 

17 Federal contract tower program. 

18 (B) Regulatory and policy changes that are 

19 necessary to ensure that an applicant applying 

20 for their initial facility rating must successfully 

21 accomplish a minimum of 2 months of on-the22 job training in a control tower and that such an 

23 applicant be allowed to qualify for a facility rat24 ing having undertaken classroom and simula25 tion training within a formal training process 


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1 approved by the Federal Aviation Administra2 tion that may not have taken place within the 

3 facility for which the initial facility rating is 

4 being applied. 

5 (C) Other areas determined appropriate by 

6 the Committee. 

7 (b) ACTION BASED ON RECOMMENDATIONS.—Not 

8 later than 1 year after receiving recommendations under 

9 subsection (a)(2), the Administrator shall take such ac10 tions as the Administrator considers appropriate with re11 spect to such recommendations. 

12 TITLE V—AVIATION FUEL TAXES 

13 SEC. 501. TREATMENT OF FUEL FOR USE IN AVIATION. 

14 (a) RATE OF TAX.— 

15 (1) IN GENERAL.—Section 4081(a)(2)(A) of the 

16 Internal Revenue Code of 1986 is amended by strik17 ing ‘‘and’’ at the end of clause (ii), by striking the 

18 period at the end of clause (iii) and inserting ‘‘, 

19 and’’, and by adding at the end the following new 

20 clause: 

21 ‘‘(iv) in the case of aviation-grade ker22 osene, 21.9 cents per gallon.’’. 

23 (2) TAXES IMPOSED ON FUEL USED IN COM24 MERCIAL AVIATION.—Section 4081(a)(2)(C) of such 

25 Code is amended to read as follows: 


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1 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

2 COMMERCIAL AVIATION.—In the case of avia3 tion-grade kerosene which is removed from any 

4 refinery or terminal directly into the fuel tank 

5 of an aircraft for use in commercial aviation by 

6 a person registered for such use under section 

7 4101, the rate of tax under subparagraph 

8 (A)(iv) shall be 4.4 cents per gallon.’’. 

9 (3) REFUELLER TRUCKS, TANKERS, AND TANK

10 WAGONS.—Section 4081(a)(3) of such Code is 

11 amended— 

12 (A) by inserting ‘‘a secured area of’’ before 

13 ‘‘an airport’’ in subparagraph (A)(i); and 

14 (B) by striking subparagraph (D). 

15 (4) CONFORMING AMENDMENTS.— 

16 (A) Sections 4081(a)(3)(A) and 4082(b) of 

17 such Code are amended by striking ‘‘kerosene’’ 

18 each place it appears and inserting ‘‘aviation19 grade kerosene’’. 

20 (B) Section 4081(a)(4) of such Code is 

21 amended by striking ‘‘paragraph (2)(C)(i)’’ and 

22 inserting ‘‘paragraph (2)(C)’’. 

23 (C) The heading for section 4081(a)(4) of 

24 such Code is amended by striking ‘‘KEROSENE’’ 

25 and inserting ‘‘AVIATION-GRADE KEROSENE’’. 


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1 (D) Section 4081(d)(2) of such Code is 

2 amended by striking so much as precedes sub3 paragraph (A) and inserting the following: 

4 ‘‘(2) AVIATION FUELS.—The rate of tax speci5 fied in subsection (a)(2)(A)(ii) shall be 4.3 cents per 

6 gallon—’’. 

7 (E) Subsection (e) of section 4082 of such 

8 Code is amended— 

9 (i) by striking ‘‘kerosene’’ and insert10 ing ‘‘aviation-grade kerosene’’; 

11 (ii) by striking ‘‘section 

12 4081(a)(2)(A)(iii)’’ and inserting ‘‘section 

13 4081(a)(2)(A)(iv)’’; 

14 (iii) by striking the last sentence; and 

15 (iv) by striking ‘‘KEROSENE RE16 MOVED INTO AN AIRCRAFT’’ in the head17 ing and inserting ‘‘AVIATION-GRADE KER18 OSENE’’. 

19 (b) RATE FOR USE OF CERTAIN LIQUIDS IN AVIA20 TION.— 

21 (1) IN GENERAL.—Section 4041(c) of the Inter22 nal Revenue Code of 1986 is amended— 

23 (A) by striking ‘‘any liquid for use as a 

24 fuel other than aviation gasoline’’ in paragraph 

25 (1) and inserting ‘‘aviation-grade kerosene’’; 


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1 (B) by striking ‘‘liquid for use as a fuel 

2 other than aviation gasoline’’ in paragraph (2) 

3 and inserting ‘‘aviation-grade kerosene’’; 

4 (C) by striking paragraph (3) and insert5 ing the following new paragraph: 

6 ‘‘(3) RATE OF TAX.—The rate of tax imposed 

7 by this subsection shall be the rate of tax applicable 

8 under section 4081(a)(2)(A)(iv) which is in effect at 

9 the time of such sale or use.’’; and 

10 (D) by striking ‘‘CERTAIN LIQUIDS USED

11 AS FUEL IN AVIATION’’ in the heading and in12 serting ‘‘AVIATION-GRADE KEROSENE’’. 

13 (2) PARTIAL REFUND OF FULL RATE.—Section 

14 6427(l)(2) of such Code is amended to read as fol15 lows: 

16 ‘‘(2) NONTAXABLE USE.—For purposes of this 

17 subsection, the term ‘nontaxable use’ means— 

18 ‘‘(A) in the case of diesel fuel or kerosene, 

19 any use which is exempt from the tax imposed 

20 by section 4041(a)(1) other than by reason of 

21 a prior imposition of tax, and 

22 ‘‘(B) in the case of aviation-grade ker23 osene— 


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1 ‘‘(i) any use which is exempt from the 

2 tax imposed by section 4041(c) other than 

3 by reason of a prior imposition of tax, or 

4 ‘‘(ii) any use in commercial aviation 

5 (within the meaning of section 4083(b)).’’. 

6 (3) CONFORMING AMENDMENTS.— 

7 (A) Section 4041(a)(1)(B) of such Code is 

8 amended by adding at the end the following: 

9 ‘‘This subparagraph shall not apply to aviation10 grade kerosene.’’. 

11 (B) The heading for section 6427(l) of 

12 such Code is amended by striking ‘‘AND KER13 OSENE’’ and inserting ‘‘, KEROSENE, AND

14 AVIATION FUEL’’. 

15 (C) Section 6427(l)(4) of such Code is 

16 amended— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘kerosene’’ in sub19 paragraph (A) and inserting ‘‘avia20 tion-grade kerosene’’; 

21 (II) by striking ‘‘section 

22 4081(a)(2)(A)(iii)’’ and inserting 

23 ‘‘section 4081(a)(2)(A)(iv)’’; and 

24 (III) by striking ‘‘KEROSENE

25 USED IN COMMERCIAL AVIATION’’ in 


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1 the heading and inserting ‘‘IN GEN2 ERAL’’; 

3 (ii) by striking subparagraphs (B) and 

4 (C) and inserting the following: 

5 ‘‘(B) PAYMENT TO ULTIMATE REGISTERED

6 VENDOR.—With respect to any aviation-grade 

7 kerosene, if the ultimate purchaser of such ker8 osene waives (at such time and in such form 

9 and manner as the Secretary shall prescribe) 

10 the right to payment under paragraph (1) and 

11 assigns such right to the ultimate vendor, then 

12 the Secretary shall pay the amount which would 

13 be paid under paragraph (1) to such ultimate 

14 vendor, but only if such ultimate vendor— 

15 ‘‘(i) is registered under section 4101, 

16 and 

17 ‘‘(ii) meets the requirements of sub18 paragraph (A), (B), or (D) of section 

19 6416(a)(1).’’; and 

20 (iii) by striking ‘‘KEROSENE USED IN

21 COMMERCIAL AVIATION’’ in the heading 

22 and inserting ‘‘AVIATION-GRADE KER23 OSENE’’. 

24 (D) Section 6427(i)(4)(A) of such Code is 

25 amended— 


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1 (i) by striking ‘‘paragraph (4)(C)’’ 

2 and inserting ‘‘paragraph (4)(B)’’; and 

3 (ii) by striking ‘‘, (l)(4)(C)(ii),’’. 

4 (E) Section 6427(l)(5)(B) of such Code is 

5 amended by striking ‘‘kerosene used in avia6 tion’’ and inserting ‘‘aviation-grade kerosene’’. 

7 (c) TRANSFERS FROM HIGHWAY TRUST FUND OF

8 TAXES ON FUELS USED IN AVIATION TO AIRPORT AND

9 AIRWAY TRUST FUND.— 

10 (1) IN GENERAL.—Section 9503(c) of the Inter11 nal Revenue Code of 1986 is amended by striking 

12 paragraph (5). 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) Section 9502(a) of such Code is 

15 amended by striking ‘‘, section 9503(c)(5),’’. 

16 (B) Section 9502(b)(1)(D) of such Code is 

17 amended by striking ‘‘and kerosene to the ex18 tent attributable to the rate specified in section 

19 4081(a)(2)(C)’’ and inserting ‘‘and aviation20 grade kerosene’’. 

21 (C) Section 9503(b) of such Code is 

22 amended by inserting after paragraph (2) the 

23 following new paragraph: 

24 ‘‘(3) ADJUSTMENTS FOR AVIATION USES.—The 

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1 spect to any period shall (before the application of 

2 this subsection) be reduced by appropriate amounts 

3 to reflect any amounts transferred to the Airport 

4 and Airway Trust Fund under section 9502(b) with 

5 respect to such period.’’. 

6 (d) CERTAIN TRANSFERS NOT TRANSFERRED FROM

7 AIRPORT AND AIRWAY TRUST FUND.— 

8 (1) Section 9502(d)(2) of the Internal Revenue 

9 Code of 1986 is amended by striking ‘‘(other than 

10 subsection (l)(4) thereof)’’. 

11 (2) Section 9502(d)(3) of such Code is amend12 ed by striking ‘‘(other than payments made by rea13 son of paragraph (4) of section 6427(l))’’. 

14 (e) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to fuels or liquids removed, en16 tered, or sold after September 30, 2019. 

17 TITLE VI—VOLUNTARY SUR18 RENDER OF REPAIR STATION 

19 CERTIFICATE 

20 SEC. 601. REVISION OF CERTAIN REGULATIONS RELATING 

21 TO REPAIR STATION CERTIFICATES. 

22 The Administrator shall— 

23 (1) not later than 60 days after the date of the 

24 enactment of this Act, publish in the Federal RegVerDate Sep 11 2014 23:15 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2198.IS S2198

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1 ister a notice of proposed rulemaking revising part 

2 145 of title 14, Code of Federal Regulations— 

3 (A) to restore the right of a repair station 

4 to unilaterally surrender its certificate; 

5 (B) to prevent an individual who materially 

6 contributes to the revocation of a repair station 

7 certificate or causes the process of revoking 

8 such a certificate to begin from reentering the 

9 industry; and 

10 (C) to clarify that a repair station that ter11 minates an individual who materially contrib12 utes to the revocation of the certificate of the 

13 repair station or causes the process of revoking 

14 that certificate to begin may reapply for a cer15 tificate; and 

16 (2) not later than 90 days after publishing the 

17 notice of proposed rulemaking, publish in the Fed18 eral Register a final rule with respect to those revi19 sions. 

Æ 


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