619
(b) AIRPORT
DEVELOPMENT
PROJECT
GRANT
APPLICATION
AP-
PROVAL.—The Secretary may approve an application under this subchapter
for an airport development project grant for an airport only if the Secretary
is satisfied that—
(1) the sponsor, a public agency, or the Government holds good title
to the areas of the airport used or intended to be used for the landing,
taking off, or surface maneuvering of aircraft, or that good title will
be acquired;
(2) the interests of the community in or near which the project may
be located have been given fair consideration; and
(3) the application provides touchdown zone and centerline runway
lighting, high intensity runway lighting, or land necessary for installing
approach light systems that the Secretary, considering the category of
the airport and the kind and volume of traffic using it, decides is nec-
essary for safe and efficient use of the airport by aircraft.
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may approve
an application under this subchapter for an airport development project in-
volving the location of an airport or runway or a major runway extension—
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was given to consider the
economic, social, and environmental effects of the location and the
location’s consistency with the objectives of any planning that the
community has carried out; and
(ii) the airport management board has voting representation
from the communities in which the project is located or has ad-
vised the communities that they have the right to petition the Sec-
retary about a proposed project;
(B) only if the chief executive officer of the State in which the
project will be located certifies in writing to the Secretary that there
is reasonable assurance that the project will be located, designed, con-
structed, and operated in compliance with applicable air and water
quality standards, except that the Administrator of the Environmental
Protection Agency shall make the certification instead of the chief exec-
utive officer if—
(i) the State has not approved any applicable State or local
standards; and
(ii) the Administrator has prescribed applicable standards; and
(C) if the application is found to have a significant adverse effect
on natural resources, including fish and wildlife, natural, scenic, and
recreation assets, water and air quality, or another factor affecting the
environment, only after finding that no possible and prudent alternative
620
to the project exists and that every reasonable step has been taken to
minimize the adverse effect.
(2) The Secretary may approve an application under this subchapter for
an airport development project that does not involve the location of an air-
port or runway, or a major runway extension, at an existing airport without
requiring an environmental impact statement related to noise for the project
if—
(A) completing the project would allow operations at the airport in-
volving aircraft complying with the noise standards prescribed for
‘‘stage 2’’ aircraft in section 36.1 of title 14, Code of Federal Regula-
tions, to replace existing operations involving aircraft that do not com-
ply with those standards; and
(B) the project meets the other requirements under this subchapter.
(3) At the Secretary’s request, the sponsor shall give the Secretary a copy
of the transcript of any hearing held under paragraph (1)(A) of this sub-
section.
(4)(A) Notice of certification or of refusal to certify under paragraph
(1)(B) of this subsection shall be provided to the Secretary not later than
60 days after the Secretary receives the application.
(B) The Secretary shall condition approval of the application on compli-
ance with the applicable standards during construction and operation.
(5) The Secretary may make a finding under paragraph (1)(C) of this
subsection only after completely reviewing the matter. The review and find-
ing must be a matter of public record.
(d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION AP-
PROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means a public
airport that is not an air carrier airport.
(2) The Secretary may approve an application under this subchapter for
an airport development project included in a project grant application in-
volving the construction or extension of a runway at a general aviation air-
port located on both sides of a boundary line separating 2 counties within
a State only if, before the application is submitted to the Secretary, the
project is approved by the governing body of each village incorporated under
the laws of the State and located entirely within 5 miles of the nearest
boundary of the airport.
(e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold approval
of an application under this subchapter for amounts apportioned under sec-
tion 47114(c) and (e) of this title for violating an assurance or requirement
of this subchapter only if—
(A) the Secretary provides the sponsor an opportunity for a hearing;
and
621
(B) not later than 180 days after the later of the date of the applica-
tion or the date the Secretary discovers the noncompliance, the Sec-
retary finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary
because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding
approval may obtain review of the order by filing a petition in the United
States Court of Appeals for the District of Columbia Circuit or in the court
of appeals of the United States for the circuit in which the project is lo-
cated. The action must be brought not later than 60 days after the order
is served on the petitioner.
§ 47107. Project grant application approval conditioned on
assurances about airport operations
(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation
may approve a project grant application under this subchapter for an air-
port development project only if the Secretary receives written assurances,
satisfactory to the Secretary, that—
(1) the airport will be available for public use on reasonable condi-
tions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to
substantially comparable charges—
(A) for facilities directly and substantially related to providing
air transportation; and
(B) regulations and conditions, except for differences based on
reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classifica-
tion or status of tenant or signatory from an air carrier that assumes
obligations substantially similar to those already imposed on air car-
riers of that classification or status;
(4) a person providing, or intending to provide, aeronautical services
to the public will not be given an exclusive right to use the airport,
with a right given to only one fixed-base operator to provide services
at an airport deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or im-
practical for more than one fixed-base operator to provide the
services; and
622
(B) allowing more than one fixed-base operator to provide the
services would require reducing the space leased under an existing
agreement between the one fixed-base operator and the airport
owner or operator;
(5) fixed-base operators similarly using the airport will be subject to
the same charges;
(6) an air carrier using the airport may service itself or use any
fixed-base operator allowed by the airport operator to service any car-
rier at the airport;
(7) the airport and facilities on or connected with the airport will
be operated and maintained suitably, with consideration given to cli-
matic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical
purpose must first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace
required to protect instrument and visual operations to the airport (in-
cluding operations at established minimum flight altitudes) will be
cleared and protected by mitigating existing, and preventing future,
airport hazards;
(10) appropriate action, including the adoption of zoning laws, has
been or will be taken to the extent reasonable to restrict the use of land
next to or near the airport to uses that are compatible with normal air-
port operations;
(11) each of the airport’s facilities developed with financial assist-
ance from the United States Government and each of the airport’s fa-
cilities usable for the landing and taking off of aircraft always will be
available without charge for use by Government aircraft in common
with other aircraft, except that if the use is substantial, the Govern-
ment may be charged a reasonable share, proportionate to the use, of
the cost of operating and maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the
Government, property interests of the sponsor in land or water areas
or buildings that the Secretary decides are desirable for, and that will
be used for, constructing at Government expense, facilities for carrying
out activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of
charges for use of facilities and services at the airport—
(A) that will make the airport as self-sustaining as possible
under the circumstances existing at the airport, including volume
of traffic and economy of collection; and
623
(B) without including in the rate base used for the charges the
Government’s share of costs for any project for which a grant is
made under this subchapter or was made under the Federal Air-
port Act or the Airport and Airway Development Act of 1970;
(14) the project accounts and records will be kept using a standard
system of accounting that the Secretary, after consulting with appro-
priate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special
airport financial and operations reports to the Secretary that the Sec-
retary reasonably requests;
(16) the airport owner or operator will maintain a current layout
plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan and any revision or
modification before the plan, revision, or modification takes effect;
(C) the owner or operator will not make or allow any alteration
in the airport or any of its facilities if the alteration does not com-
ply with the plan the Secretary approves, and the Secretary is of
the opinion that the alteration may affect adversely the safety,
utility, or efficiency of the airport; and
(D) when an alteration in the airport or its facility is made that
does not conform to the approved plan and that the Secretary de-
cides adversely affects the safety, utility, or efficiency of any prop-
erty on or off the airport that is owned, leased, or financed by the
Government, the owner or operator, if requested by the Secretary,
will—
(i) eliminate the adverse effect in a way the Secretary ap-
proves; or
(ii) bear all cost of relocating the property or its replace-
ment to a site acceptable to the Secretary and of restoring
the property or its replacement to the level of safety, utility,
efficiency, and cost of operation that existed before the alter-
ation was made;
(17) each contract and subcontract for program management, con-
struction management, planning studies, feasibility studies, architec-
tural services, preliminary engineering, design, engineering, surveying,
mapping, and related services will be awarded in the same way that
a contract for architectural and engineering services is negotiated
under title IX of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based
requirement prescribed for or by the sponsor; and
624
(18) the airport and each airport record will be available for inspec-
tion by the Secretary on reasonable request, and a report of the airport
budget will be available to the public at reasonable times and places.
(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of
Transportation may approve a project grant application under this sub-
chapter for an airport development project only if the Secretary receives
written assurances, satisfactory to the Secretary, that local taxes on aviation
fuel (except taxes in effect on December 30, 1987) and the revenues gen-
erated by a public airport will be expended for the capital or operating costs
of—
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport owner or
operator and directly and substantially related to the air transportation
of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision enacted
not later than September 2, 1982, in a law controlling financing by the air-
port owner or operator, or a covenant or assurance in a debt obligation is-
sued not later than September 2, 1982, by the owner or operator, provides
that the revenues, including local taxes on aviation fuel at public airports,
from any of the facilities of the owner or operator, including the airport,
be used to support not only the airport but also the general debt obligations
or other facilities of the owner or operator.
(3) This subsection does not prevent the use of a State tax on aviation
fuel to support a State aviation program or the use of airport revenue on
or off the airport for a noise mitigation purpose.
(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this subsection,
land is needed for an airport purpose (except a noise compatibility purpose)
if—
(A)(i) the land may be needed for an aeronautical purpose (including
runway protection zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land contributes to the financial
self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator received
not later than December 30, 1987, the Secretary of Transportation or
the department, agency, or instrumentality of the Government that
made the grant was notified by the owner or operator of the use of
the land and did not object to the use and the land is still being used
for that purpose.
(2) The Secretary of Transportation may approve an application under
this subchapter for an airport development project grant only if the Sec-
625
retary receives written assurances, satisfactory to the Secretary, that if an
airport owner or operator has received or will receive a grant for acquiring
land and—
(A) if the land was or will be acquired for a noise compatibility pur-
pose—
(i) the owner or operator will dispose of the land at fair market
value at the earliest practicable time after the land no longer is
needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an
interest in the land necessary to ensure that the land will be used
in a way that is compatible with noise levels associated with oper-
ating the airport; and
(iii) the part of the proceeds from disposing of the land that is
proportional to the Government’s share of the cost of acquiring
the land will be paid to the Secretary for deposit in the Airport
and Airway Trust Fund established under section 9502 of the In-
ternal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Sec-
retary prescribes, reinvested in an approved noise compatibility
project; or
(B) if the land was or will be acquired for an airport purpose (except
a noise compatibility purpose)—
(i) the owner or operator, when the land no longer is needed for
an airport purpose, will dispose of the land at fair market value
or make available to the Secretary an amount equal to the Govern-
ment’s proportional share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an
interest in the land necessary to ensure that the land will be used
in a way that is compatible with noise levels associated with oper-
ating the airport; and
(iii) the part of the proceeds from disposing of the land that is
proportional to the Government’s share of the cost of acquiring
the land will be reinvested, on application to the Secretary, in an-
other eligible airport development project the Secretary approves
under this subchapter or paid to the Secretary for deposit in the
Fund if another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this sub-
section and deposited in the Airport and Airway Trust Fund are available
as provided in subsection (f) of this section.
(d) ASSURANCES
OF CONTINUATION
AS PUBLIC-USE AIRPORT.—The
Secretary of Transportation may approve an application under this sub-
chapter for an airport development project grant for a privately owned pub-
626
lic-use airport only if the Secretary receives appropriate assurances that the
airport will continue to function as a public-use airport during the economic
life (that must be at least 10 years) of any facility at the airport that was
developed with Government financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS
CONCERNS.—(1) The Secretary of Transportation may approve a project
grant application under this subchapter for an airport development project
only if the Secretary receives written assurances, satisfactory to the Sec-
retary, that the airport owner or operator will take necessary action to en-
sure, to the maximum extent practicable, that at least 10 percent of all
businesses at the airport selling consumer products or providing consumer
services to the public are small business concerns (as defined by regulations
of the Secretary) owned and controlled by a socially and economically dis-
advantaged individual (as defined in section 47113(a) of this title).
(2) An airport owner or operator may meet the percentage goal of para-
graph (1) of this subsection by including any business operated through a
management contract or subcontract. The dollar amount of a management
contract or subcontract with a disadvantaged business enterprise shall be
added to the total participation by disadvantaged business enterprises in
airport concessions and to the base from which the airport’s percentage goal
is calculated. The dollar amount of a management contract or subcontract
with a non-disadvantaged business enterprise and the gross revenue of busi-
ness activities to which the management contract or subcontract pertains
may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection, an airport
owner or operator may meet the percentage goal of paragraph (1) of this
subsection by including the purchase from disadvantaged business enter-
prises of goods and services used in businesses conducted at the airport, but
the owner or operator and the businesses conducted at the airport shall
make good faith efforts to explore all available options to achieve, to the
maximum extent practicable, compliance with the goal through direct owner-
ship arrangements, including joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport
owner or operator shall include the revenues of car rental firms at the air-
port in the base from which the percentage goal in paragraph (1) is cal-
culated.
(B) An airport owner or operator may require a car rental firm to meet
a requirement under paragraph (1) of this subsection by purchasing or leas-
ing goods or services from a disadvantaged business enterprise. If an owner
or operator requires such a purchase or lease, a car rental firm shall be per-
mitted to meet the requirement by including purchases or leases of vehicles
627
from any vendor that qualifies as a small business concern owned and con-
trolled by a socially and economically disadvantaged individual.
(C) This subsection does not require a car rental firm to change its cor-
porate structure to provide for direct ownership arrangements to meet the
requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the govern-
ing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner
or operator to adopt or enforce a law, regulation, or policy related to
disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small
business concern owned and controlled by a socially and economically dis-
advantaged individual to participate through direct contractual agreement
with that concern.
(7) An air carrier that provides passenger or property-carrying services
or another business that conducts aeronautical activities at an airport may
not be included in the percentage goal of paragraph (1) of this subsection
for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall
prescribe regulations to carry out this subsection.
(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport
and Airway Trust Fund under—
(1) subsection (c)(2)(A)(iii) of this section is available to the Sec-
retary of Transportation to make a grant for airport development or
airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Sec-
retary—
(A) to make a grant for a purpose described in section 47115(b)
of this title; and
(B) for use under section 47114(d)(2) of this title at another
airport in the State in which the land was disposed of under sub-
section (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an
amount made available to the Secretary under section 48103 of this
title and not subject to apportionment under section 47114 of this title.
(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section,
the Secretary of Transportation—
(A) shall prescribe requirements for sponsors that the Secretary con-
siders necessary; and
(B) may make a contract with a public agency.
628
(2) The Secretary of Transportation may approve an application for a
project grant only if the Secretary is satisfied that the requirements pre-
scribed under paragraph (1)(A) of this subsection have been or will be met.
(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH ADDI-
TIONAL ASSURANCES.—Before modifying an assurance required of a person
receiving a grant under this subchapter and in effect after December 29,
1987, or to require compliance with an additional assurance from the per-
son, the Secretary of Transportation must—
(1) publish notice of the proposed modification in the Federal Reg-
ister; and
(2) provide an opportunity for comment on the proposal.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When a
sponsor provides a property interest in a land or water area or a building
that the Secretary of Transportation uses to construct a facility at Govern-
ment expense, the Secretary may relieve the sponsor from an obligation in
a contract made under this chapter, the Airport and Airway Development
Act of 1970, or the Federal Airport Act to provide free space to the Govern-
ment in an airport building, to the extent the Secretary finds that the free
space no longer is needed to carry out activities related to air traffic control
or navigation.
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—
(A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’ have
the same meanings given those terms in section 555(b)(8) of the Tariff
Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same meanings
given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use,
for a project for construction or reconstruction of a highway on a Federal-
aid system that is not more than 10 miles by road from an airport and that
will facilitate access to the airport, revenue from the sales at off-airport lo-
cations in Hawaii of duty-free merchandise under a contract between Ha-
waii and a duty-free sales enterprise. However, the revenue resulting during
a Hawaiian fiscal year may be used only if the amount of the revenue, plus
amounts Hawaii receives in the fiscal year from all other sources for costs
Hawaii incurs for operating all airports it operates and for debt service re-
lated to capital projects for the airports (including interest and amortization
of principal costs), is more than 150 percent of the projected costs for the
fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection
in a Hawaiian fiscal year that Hawaii may use may not be more than the
629
amount that is greater than 150 percent as determined under paragraph
(2).
(B) The maximum amount of revenue Hawaii may use under paragraph
(2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an air-
craft operator by an airport operated by Hawaii is increased during the pe-
riod from May 4, 1990, through December 31, 1994, by more than the per-
centage change in the Consumer Price Index of All Urban Consumers for
Honolulu, Hawaii, that the Secretary of Labor publishes during that period
and if revenue derived from the fee increases because the fee increased, the
amount under paragraph (3)(B) of this subsection shall be reduced by the
amount of the projected revenue increase in the period less the part of the
increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue in-
creases referred to in this subsection and shall submit the determinations
to the Secretary of Transportation. A determination is approved unless the
Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title
in a fiscal year in which Hawaii uses under paragraph (2) of this subsection
revenue from sales referred to in paragraph (2). Hawaii shall repay
amounts it receives in a fiscal year under a grant it is not eligible to receive
because of this paragraph to the Secretary of Transportation for deposit in
the discretionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in
paragraph (2) of this subsection from May 5, 1990, through December 30,
1994, and to amounts in the Airport Revenue Fund of Hawaii that are at-
tributable to revenue before May 4, 1990, on sales referred to in paragraph
(2).
(B) Revenue from sales referred to in paragraph (2) of this subsection
from May 5, 1990, through December 30, 1994, may be used under para-
graph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year be-
ginning after December 31, 1994.
§ 47108. Project grant agreements
(a) OFFER AND ACCEPTANCE.—On approving a project grant application
under this subchapter, the Secretary of Transportation shall offer the spon-
sor a grant to pay the United States Government’s share of the project
costs allowable under section 47110 of this title. The Secretary may impose
terms on the offer that the Secretary considers necessary to carry out this
subchapter and regulations prescribed under this subchapter. An offer shall
state the obligations to be assumed by the sponsor and the maximum
amount the Government will pay for the project from the amounts author-
630
ized under chapter 481 of this title (except sections 48102(e), 48106,
48107, and 48110). At the request of the sponsor, an offer of a grant for
a project that will not be completed in one fiscal year shall provide for the
obligation of amounts apportioned or to be apportioned to a sponsor under
section 47114(c) of this title for the fiscal years necessary to pay the Gov-
ernment’s share of the cost of the project. An offer that is accepted in writ-
ing by the sponsor is an agreement binding on the Government and the
sponsor. The Government may pay or be obligated to pay a project cost only
after a grant agreement for the project is signed.
(b) INCREASING GOVERNMENT’S SHARE UNDER THIS SUBCHAPTER OR
CHAPTER 475.—(1) When an offer has been accepted in writing, the
amount stated in the offer as the maximum amount the Government will
pay may be increased only as provided in paragraphs (2) and (3) of this
subsection.
(2)(A) For a project receiving assistance under a grant approved under
the Airport and Airway Improvement Act of 1982 before October 1, 1987,
the amount may be increased by not more than—
(i) 10 percent for an airport development project, except a project
for acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attrib-
utable to acquiring an interest in land, based on current creditable ap-
praisals.
(B) An increase under subparagraph (A) of this paragraph may be paid
only from amounts the Government recovers from other grants made under
this subchapter.
(3) For a project receiving assistance under a grant approved under the
Act, this subchapter, or chapter 475 of this title after September 30, 1987,
the amount may be increased—
(A) for an airport development project, by not more than 15 percent;
and
(B) for a grant after September 30, 1992, to acquire an interest in
land for an airport (except a primary airport), by not more than the
greater of the following, based on current creditable appraisals or a
court award in a condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs
attributable to acquiring an interest in land.
(c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY
DEVELOPMENT ACT OF 1970.—For a project receiving assistance under a
grant made under the Airport and Airway Development Act of 1970, the
maximum amount the Government will pay may be increased by not more
631
than 10 percent. An increase under this subsection may be paid only from
amounts the Government recovers from other grants made under the Act.
(d) CHANGING WORKSCOPE.—With the consent of the sponsor, the Sec-
retary may amend a grant agreement made under this subchapter to change
the workscope of a project financed under the grant if the amendment does
not result in an increase in the maximum amount the Government may pay
under subsection (b) of this section.
§ 47109. United States Government’s share of project costs
(a) GENERAL.—Except as provided in subsections (b) and (c) of this sec-
tion, the United States Government’s share of allowable project costs is—
(1) 75 percent for a project at a primary airport having at least .25
percent of the total number of passenger boardings each year at all
commercial service airports; and
(2) 90 percent for a project at any other airport.
(b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) of this
section, the Government’s share of allowable costs of a project in a State
containing unappropriated and unreserved public lands and nontaxable In-
dian lands (individual and tribal) of more than 5 percent of the total area
of all lands in the State, is less than the share applied on June 30, 1975,
under section 17(b) of the Airport and Airway Development Act of 1970,
the Government’s share under subsection (a) of this section shall be in-
creased by the lesser of—
(1) 25 percent;
(2) one-half of the percentage that the area of unappropriated and
unreserved public lands and nontaxable Indian lands in the State is of
the total area of the State; or
(3) the percentage necessary to increase the Government’s share to
the percentage that applied on June 30, 1975, under section 17(b) of
the Act.
(c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section,
the Government’s share of project costs allowable under section 47110(d)
of this title may not be more than 75 percent, except that the Government’s
share shall be 85 percent for a project at a commercial service airport that
does not have more than .05 percent of the total annual passenger
boardings in the United States.
§ 47110. Allowable project costs
(a) GENERAL AUTHORITY.—Except as provided in section 47111 of this
title, the United States Government may pay or be obligated to pay, from
amounts appropriated to carry out this subchapter, a cost incurred in carry-
ing out a project under this subchapter only if the Secretary of Transpor-
tation decides the cost is allowable.
632
(b) ALLOWABLE COST STANDARDS.—A project cost is allowable—
(1) if the cost necessarily is incurred in carrying out the project in
compliance with the grant agreement made for the project under this
subchapter, including any cost a sponsor incurs related to an audit the
Secretary requires under section 47121(b) or (d) of this title;
(2) if the cost is incurred—
(A) after the grant agreement is executed and is for airport de-
velopment or airport planning carried out after the grant agree-
ment is executed; or
(B) after June 1, 1989, by the airport operator (regardless of
when the grant agreement is executed) as part of a Government-
approved noise compatibility program (including project formula-
tion costs) and is consistent with all applicable statutory and ad-
ministrative requirements;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport development
or airport planning for which other Government assistance has been
granted; and
(5) if the total costs allowed for the project are not more than the
amount stated in the grant agreement as the maximum the Govern-
ment will pay (except as provided in section 47108(b) of this title).
(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary may
decide that a project cost under subsection (b)(2)(A) of this section incurred
after May 13, 1946, and before the date the grant agreement is executed
is allowable if it is—
(1) necessarily incurred in formulating an airport development
project, including costs incurred for field surveys, plans and specifica-
tions, property interests in land or airspace, and administration or
other incidental items that would not have been incurred except for the
project; or
(2) necessarily and directly incurred in developing the work scope of
an airport planning project.
(d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may decide
that the cost of terminal development (including multi-modal terminal devel-
opment) in a nonrevenue-producing public-use area of a commercial service
airport is allowable for an airport development project at the airport—
(A) if the sponsor certifies that the airport, on the date the grant
application is submitted to the Secretary, has—
(i) all the safety equipment required for certification of the air-
port under section 44706 of this title;
(ii) all the security equipment required by regulation; and
633
(iii) provided for access, to the area of the airport for pas-
sengers for boarding or exiting aircraft, to those passengers board-
ing or exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving passengers and baggage
in air commerce within the airport, including vehicles for moving pas-
sengers between terminal facilities and between terminal facilities and
aircraft; and
(C) under terms necessary to protect the interests of the Govern-
ment.
(2) In making a decision under paragraph (1) of this subsection, the Sec-
retary may approve as allowable costs the expenses of terminal development
in a revenue-producing area and construction, reconstruction, repair, and
improvement in a nonrevenue-producing parking lot if—
(A) the airport does not have more than .05 percent of the total an-
nual passenger boardings in the United States; and
(B) the sponsor certifies that any needed airport development project
affecting safety, security, or capacity will not be deferred because of
the Secretary’s approval.
(e) LETTERS OF INTENT.—(1) The Secretary may issue a letter of intent
to the sponsor stating an intention to obligate from future budget authority
an amount, not more than the Government’s share of allowable project
costs, for an airport development project (including costs of formulating the
project) at a primary or reliever airport. The letter shall establish a schedule
under which the Secretary will reimburse the sponsor for the Government’s
share of allowable project costs, as amounts become available, if the spon-
sor, after the Secretary issues the letter, carries out the project without re-
ceiving amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to a project—
(A) about which the sponsor notifies the Secretary, before the project
begins, of the sponsor’s intent to carry out the project;
(B) that will comply with all statutory and administrative require-
ments that would apply to the project if it were carried out with
amounts made available under this subchapter; and
(C) the Secretary decides will enhance system-wide airport capacity
significantly and meets the criteria of section 47115(d) of this title.
(3) A letter of intent issued under paragraph (1) of this subsection is not
an obligation of the Government under section 1501 of title 31, and the let-
ter is not deemed to be an administrative commitment for financing. An ob-
ligation or administrative commitment may be made only as amounts are
provided in authorization and appropriation laws.
634
(4) The total estimated amount of future Government obligations covered
by all outstanding letters of intent under paragraph (1) of this subsection
may not be more than the amount authorized to carry out section 48103
of this title, less an amount reasonably estimated by the Secretary to be
needed for grants under section 48103 that are not covered by a letter.
(5) A letter of intent issued under paragraph (1) of this subsection may
not condition the obligation of amounts on the imposition of a passenger
facility fee.
(f) NONALLOWABLE COSTS.—Except as provided in subsection (d) of this
section and section 47118(f) of this title, a cost is not an allowable airport
development project cost if it is for—
(1) constructing a public parking facility for passenger automobiles;
(2) constructing, altering, or repairing part of an airport building,
except to the extent the building will be used for facilities or activities
directly related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
§ 47111. Payments under project grant agreements
(a) GENERAL AUTHORITY.—After making a project grant agreement
under this subchapter and consulting with the sponsor, the Secretary of
Transportation may decide when and in what amounts payments under the
agreement will be made. Payments totaling not more than 90 percent of the
United States Government’s share of the project’s estimated allowable costs
may be made before the project is completed if the sponsor certifies to the
Secretary that the total amount expended from the advance payments at
any time will not be more than the cost of the airport development work
completed on the project at that time.
(b) RECOVERING PAYMENTS.—If the Secretary determines that the total
amount of payments made under a grant agreement under this subchapter
is more than the Government’s share of the total allowable project costs,
the Government may recover the excess amount. If the Secretary finds that
a project for which an advance payment was made has not been completed
within a reasonable time, the Government may recover any part of the ad-
vance payment for which the Government received no benefit.
(c) PAYMENT DEPOSITS.—A payment under a project grant agreement
under this subchapter may be made only to an official or depository des-
ignated by the sponsor and authorized by law to receive public money.
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a pay-
ment under a grant agreement under this subchapter for more than 180
days after the payment is due only if the Secretary—
635
(A) notifies the sponsor and provides an opportunity for a hearing;
and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary
because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding
a payment may apply for review of the order by filing a petition in the Unit-
ed States Court of Appeals for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which the project
is located. The petition must be filed not later than 60 days after the order
is served on the petitioner.
§ 47112. Carrying out airport development projects
(a) CONSTRUCTION WORK.—The Secretary of Transportation may in-
spect and approve construction work for an airport development project car-
ried out under a grant agreement under this subchapter. The construction
work must be carried out in compliance with regulations the Secretary pre-
scribes. The regulations shall require the sponsor to make necessary cost
and progress reports on the project. The regulations may amend or modify
a contract related to the project only if the contract was made with actual
notice of the regulations.
(b) PREVAILING WAGES.—A contract for more than $2,000 involving
labor for an airport development project carried out under a grant agree-
ment under this subchapter must require contractors to pay labor minimum
wage rates as determined by the Secretary of Labor under the Act of March
3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). The
minimum rates must be included in the bids for the work and in the invita-
tion for those bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
(A) ‘‘disabled veteran’’ has the same meaning given that term in sec-
tion 2108 of title 5.
(B) ‘‘Vietnam-era veteran’’ means an individual who served on active
duty (as defined in section 101 of title 38) in the armed forces for
more than 180 consecutive days, any part of which occurred after Au-
gust 4, 1964, and before May 8, 1975, and who was separated from
the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport development
project under a grant agreement under this subchapter must require that
preference in the employment of labor (except in executive, administrative,
636
and supervisory positions) be given to Vietnam-era veterans and disabled
veterans when they are available and qualified for the employment.
§ 47113. Minority and disadvantaged business participation
(a) DEFINITIONS.—In this section—
(1) ‘‘small business concern’’—
(A) has the same meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns controlled
by the same socially and economically disadvantaged individual,
that has average annual gross receipts over the prior 3 fiscal years
of more than $16,015,000, as adjusted by the Secretary of Trans-
portation for inflation.
(2) ‘‘socially and economically disadvantaged individual’’ has the
same meaning given that term in section 8(c) of the Act (15 U.S.C.
637(c)) and relevant subcontracting regulations prescribed under sec-
tion 8(c), except that women are presumed to be socially and economi-
cally disadvantaged.
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary de-
cides otherwise, at least 10 percent of amounts available in a fiscal year
under section 48103 of this title shall be expended with small business con-
cerns owned and controlled by socially and economically disadvantaged indi-
viduals.
(c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform
criteria for State governments and airport sponsors to use in certifying
whether a small business concern qualifies under this section. The criteria
shall include on-site visits, personal interviews, licenses, analyses of stock
ownership and bonding capacity, listings of equipment and work completed,
resumes of principal owners, financial capacity, and type of work preferred.
(d) SURVEYS AND LISTS.—Each State or airport sponsor annually shall
survey and compile a list of small business concerns referred to in sub-
section (b) of this section and the location of each concern in the State.
§ 47114. Apportionments
(a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’
means the amount newly made available under section 48103 of this title
for a fiscal year.
(b) APPORTIONMENT DATE.—On the first day of each fiscal year, the
Secretary of Transportation shall apportion the amount subject to appor-
tionment for that fiscal year as provided in this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary shall
apportion to the sponsor of each primary airport for each fiscal year an
amount equal to—
637
(i) $7.80 for each of the first 50,000 passenger boardings at the air-
port during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the air-
port during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the
airport during the prior calendar year; and
(iv) $.65 for each additional passenger boarding at the airport dur-
ing the prior calendar year.
(B) Not less than $400,000 nor more than $22,000,000 may be appor-
tioned under subparagraph (A) of this paragraph to an airport sponsor for
a primary airport for each fiscal year.
(2)(A) The Secretary shall apportion to the sponsors of airports served
by aircraft providing air transportation of only cargo with a total annual
landed weight of more than 100,000,000 pounds for each fiscal year an
amount equal to 3.5 percent of the amount subject to apportionment each
year, allocated among those airports in the proportion that the total annual
landed weight of those aircraft landing at each of those airports bears to
the total annual landed weight of those aircraft landing at all those airports.
However, not more than 8 percent of the amount apportioned under this
paragraph may be apportioned for any one airport.
(B) Landed weight under subparagraph (A) of this paragraph is the land-
ed weight of aircraft landing at each of those airports and all those airports
during the prior calendar year.
(3) The total of all amounts apportioned under paragraphs (1) and (2)
of this subsection may not be more than 44 percent of the amount subject
to apportionment for a fiscal year. If this paragraph requires reduction of
an amount that otherwise would be apportioned under this subsection, the
Secretary shall reduce proportionately the amount apportioned to each spon-
sor of an airport under paragraphs (1) and (2) until the 44 percent limit
is achieved.
(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—
(A) ‘‘area’’ includes land and water.
(B) ‘‘population’’ means the population stated in the latest decennial
census of the United States.
(2) The Secretary shall apportion to the States 12 percent of the amount
subject to apportionment for each fiscal year as follows:
(A) one percent of the apportioned amount to Guam, American
Samoa, the Northern Mariana Islands, the Trust Territory of the Pa-
cific Islands, and the Virgin Islands.
(B) except as provided in paragraph (3) of this subsection, 49.5 per-
cent of the apportioned amount for airports, except primary airports
638
and airports described in section 47117(e)(1)(C) of this title, in States
not named in clause (A) of this paragraph in the proportion that the
population of each of those States bears to the total population of all
of those States.
(C) except as provided in paragraph (3) of this subsection, 49.5 per-
cent of the apportioned amount for airports, except primary airports
and airports described in section 47117(e)(1)(C) of this title, in States
not named in clause (A) of this paragraph in the proportion that the
area of each of those States bears to the total area of all of those
States.
(3) An amount apportioned under paragraph (2) of this subsection for
an airport in—
(A) Alaska may be made available by the Secretary for a public air-
port described in section 47117(e)(1)(C)(ii) of this title to which sec-
tion 15(a)(3)(A)(II) of the Airport and Airway Development Act of
1970 applied during the fiscal year that ended September 30, 1981;
and
(B) Puerto Rico may be made available by the Secretary for a pri-
mary airport and an airport described in section 47117(e)(1)(C) of this
title.
(e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of appor-
tioning amounts for airports in Alaska under subsections (c) and (d) of this
section, the Secretary may apportion amounts for those airports in the way
in which amounts were apportioned in the fiscal year ending September 30,
1980, under section 15(a) of the Act. However, in apportioning amounts for
a fiscal year under this subsection, the Secretary shall apportion—
(A) for each primary airport at least as much as would be appor-
tioned for the airport under subsection (c)(1) of this section; and
(B) a total amount at least equal to the minimum amount required
to be apportioned to airports in Alaska in the fiscal year ending Sep-
tember 30, 1980, under section 15(a)(3)(A) of the Act.
(2) This subsection does not prohibit the Secretary from making project
grants for airports in Alaska from the discretionary fund under section
47115 of this title.
(3) Airports referred to in this subsection include those public airports
that received scheduled service as of September 3, 1982, but were not ap-
portioned amounts in the fiscal year ending September 30, 1980, under sec-
tion 15(a) of the Act because the airports were not under the control of
a State or local public agency.
(f) REDUCING APPORTIONMENTS.—An amount that would be apportioned
under this section (except subsection (c)(2)) in a fiscal year to the sponsor
639
of an airport having at least .25 percent of the total number of boardings
each year in the United States and for which a fee is imposed in the fiscal
year under section 40117 of this title shall be reduced by an amount equal
to 50 percent of the projected revenues from the fee in the fiscal year but
not by more than 50 percent of the amount that otherwise would be appor-
tioned under this section.
§ 47115. Discretionary fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor-
tation has a discretionary fund. The fund consists of—
(1) amounts subject to apportionment for a fiscal year that are not
apportioned under section 47114(c)–(e) of this title; and
(2) 25 percent of amounts not apportioned under section 47114 of
this title because of section 47114(f).
(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section
and section 47117(e) of this title, the fund is available for making grants
for any purpose for which amounts are made available under section 48103
of this title that the Secretary considers most appropriate to carry out this
subchapter. However, 50 percent of amounts not apportioned under section
47114 of this title because of section 47114(f) and added to the fund is
available for making grants for projects at small hub airports (as defined
in section 41731 of this title).
(c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIRPORTS.—
At least 75 percent of the amount in the fund and distributed by the Sec-
retary in a fiscal year shall be used for making grants—
(1) to preserve and enhance capacity, safety, and security at primary
and reliever airports; and
(2) to carry out airport noise compatibility planning and programs
at primary and reliever airports.
(d) CONSIDERATIONS.—In selecting a project for a grant to preserve and
enhance capacity as described in subsection (c)(1) of this section, the Sec-
retary shall consider—
(1) the effect the project will have on the overall national air trans-
portation system capacity;
(2) the project benefit and cost; and
(3) the financial commitment from non-United States Government
sources to preserve or enhance airport capacity.
(e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary decides the
Secretary cannot comply with the percentage requirement of subsection (c)
of this section in a fiscal year because there are insufficient qualified grant
applications to meet that percentage, the amount the Secretary determines
640
will not be distributed as required by subsection (c) is available for obliga-
tion during the fiscal year without regard to the requirement.
§ 47116. Small airport fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor-
tation has a small airport fund. The fund consists of 75 percent of amounts
not apportioned under section 47114 of this title because of section
47114(f).
(b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute amounts
in the fund in each fiscal year for any purpose for which amounts are made
available under section 48103 of this title as follows:
(1) one-third for grants to sponsors of public-use airports (except
commercial service airports).
(2) two-thirds for grants to sponsors of each commercial service air-
port that each year has less than .05 percent of the total boardings
in the United States in that year.
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPA-
TION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participat-
ing in the State block grant pilot program under section 47128 of this title
may receive a grant under this section to the same extent the airport may
receive a grant if the State were not participating in the program.
§ 47117. Use of apportioned amounts
(a) GRANT PURPOSE.—Except as provided in this section, an amount ap-
portioned under section 47114(c)(1) or (d)(2) of this title is available for
making grants for any purpose for which amounts are made available under
section 48103 of this title.
(b) PERIOD OF AVAILABILITY.—An amount apportioned under section
47114 of this title is available to be obligated for grants under the appor-
tionment only during the fiscal year for which the amount was apportioned
and the 2 fiscal years immediately after that year. If the amount is not obli-
gated under the apportionment within that time, it shall be added to the
discretionary fund.
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a
primary airport under section 47114(c)(1) of this title is available for grants
for any public-use airport of the sponsor included in the national plan of
integrated airport systems.
(2) A sponsor of a primary airport may make an agreement with the Sec-
retary of Transportation waiving any part of the amount apportioned for
the airport under section 47114(c)(1) of this title if the Secretary makes
the waived amount available for a grant for another public-use airport in
the same State or geographical area as the primary airport.
(d) STATE USE.—An amount apportioned to a State under—
641
(1) section 47114(d)(2)(A) of this title is available for grants for air-
ports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is available for grants
for airports described in section 47114(d)(2)(B) or (C) and located in
the State.
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary shall use
amounts made available under section 48103 of this title for each fiscal year
as follows:
(A) at least 10 percent for grants for reliever airports.
(B) at least 12.5 percent for grants for airport noise compatibility
planning under section 47505(a)(2) of this title and for carrying out
noise compatibility programs under section 47504(c)(1) of this title.
(C) at least 2.5 percent for grants for—
(i) nonprimary commercial service airports; and
(ii) public airports (except commercial service airports) that
were eligible for United States Government assistance from
amounts apportioned under section 15(a)(3) of the Airport and
Airway Development Act of 1970, and to which section
15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year
that ended September 30, 1981.
(D) at least .5 percent for integrated airport system planning grants
to planning agencies designated by the Secretary and authorized by the
laws of a State or political subdivision of a State to do planning for
an area of the State or subdivision in which a grant under this chapter
is to be used.
(E) at least 2.25 percent for the fiscal year ending September 30,
1993, and at least 2.5 percent for each of the fiscal years ending Sep-
tember 30, 1994, and 1995, to sponsors of current or former military
airports designated by the Secretary under section 47118(a) of this
title for grants for developing current and former military airports to
improve the capacity of the national air transportation system.
(2) A grant from the amount apportioned under section 47114(e) of this
title may not be included as part of the 2.5 percent required to be used
for grants under paragraph (1)(C) of this subsection.
(3) If the Secretary decides that an amount required to be used for
grants under paragraph (1) of this subsection cannot be used for a fiscal
year because there are insufficient qualified grant applications, the amount
the Secretary determines cannot be used is available during the fiscal year
for grants for other airports or for other purposes for which amounts are
authorized for grants under section 48103 of this title.
642
(f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—The
Secretary may not make a grant for a commercial service airport in Alaska
of more than 110 percent of the amount apportioned for the airport for a
fiscal year under section 47114(e) of this title.
(g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to para-
graph (2) of this subsection, if the Secretary finds, based on the notices the
Secretary receives under section 47105(e) of this title or otherwise, that an
amount apportioned under section 47114 of this title will not be used for
grants during a fiscal year, the Secretary may use an equal amount for
grants during that fiscal year for any of the purposes for which amounts
are authorized for grants under section 48103 of this title.
(2) The Secretary may make a grant under paragraph (1) of this sub-
section only if the Secretary decides that—
(A) the total amount used for grants for the fiscal year under section
48103 of this title will not be more than the amount made available
under section 48103 for that fiscal year; and
(B) the amounts authorized for grants under section 48103 of this
title for later fiscal years are sufficient for grants of the apportioned
amounts that were not used for grants under the apportionment during
the fiscal year and that remain available under subsection (b) of this
section.
(h) LIMITING AUTHORITY OF SECRETARY.—The authority of the Sec-
retary to make grants during a fiscal year from amounts that were appor-
tioned for a prior fiscal year and remain available for approved airport de-
velopment project grants under subsection (b) of this section may be im-
paired only by a law enacted after September 3, 1982, that expressly limits
that authority.
§ 47118. Designating current and former military airports
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall
designate not more than 12 current or former military airports for which
grants may be made under section 47117(e)(1)(E) of this title.
(b) SURVEY.—Not later than September 30, 1991, the Secretary shall
complete a survey of current and former military airports to identify which
airports have the greatest potential to improve the capacity of the national
air transportation system. The survey shall identify the capital development
needs of those airports to make them part of the system and which of those
qualify for grants under section 47104 of this title.
(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall
consider only current or former military airports that, when at least partly
converted to civilian commercial or reliever airports as part of the national
air transportation system, will enhance airport and air traffic control system
643
capacity in major metropolitan areas and reduce current and projected
flight delays.
(d) GRANTS.—Grants under section 47117(e)(1)(E) of this title may be
made for an airport designated under subsection (a) of this section for the
5 fiscal years following the designation. If an airport does not have a level
of passengers getting on aircraft during that 5-year period that qualifies the
airport as a small hub airport (as defined on January 1, 1990) or reliever
airport, the Secretary may redesignate the airport for grants for additional
fiscal years that the Secretary decides.
(e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 47109(c)
of this title, not more than $5,000,000 for each airport from amounts the
Secretary distributes under section 47115 of this title for a fiscal year is
available to the sponsor of a current or former military airport the Sec-
retary designates under this section to construct, improve, or repair a termi-
nal building facility, including terminal gates used for revenue passengers
getting on or off aircraft. A gate constructed, improved, or repaired under
this subsection—
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than a
total of $4,000,000 for each airport from amounts the Secretary distributes
under section 47115 of this title for the fiscal years ending September 30,
1993–1995, is available to the sponsor of a current or former military air-
port the Secretary designates under this section to construct, improve, or
repair airport surface parking lots, fuel farms, and utilities.
§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—An amount apportioned under sec-
tion 47114 of this title and made available to the sponsor of an air carrier
airport at which terminal development was carried out after June 30, 1970,
and before July 12, 1976, is available to repay immediately money borrowed
and used to pay the costs for terminal development at the airport, if those
costs would be allowable project costs under section 47110(d) of this title
if they had been incurred after September 3, 1982. An amount is available
for a grant under this subsection—
(1) only if—
(A) the sponsor submits the certification required under section
47110(d) of this title;
(B) the Secretary of Transportation decides that using the
amount to repay the borrowed money will not defer an airport de-
velopment project outside the terminal area at that airport; and
644
(C) amounts available for airport development under this sub-
chapter will not be used for additional terminal development
projects at the airport for at least 3 years beginning on the date
the grant is used to repay the borrowed money; and
(2) subject to the limitations in subsection (b)(1) and (2) of this sec-
tion.
(b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary may
make available—
(1) to a sponsor of a primary airport, any part of amounts appor-
tioned to the sponsor for the fiscal year under section 47114(c)(1) of
this title to pay project costs allowable under section 47110(d) of this
title;
(2) to a sponsor of a nonprimary commercial service airport, not
more than $200,000 of the amount that may be distributed for the fis-
cal year from the discretionary fund to pay project costs allowable
under section 47110(d) of this title; or
(3) not more than $25,000,000 to pay project costs allowable for the
fiscal year under section 47110(d) of this title for projects at commer-
cial service airports that were not eligible for assistance for terminal
development during the fiscal year ending September 30, 1980, under
section 20(b) of the Airport and Airway Development Act of 1970.
§ 47120. Grant priority
In making a grant under this subchapter, the Secretary of Transportation
may give priority to a project that is consistent with an integrated airport
system plan.
§ 47121. Records and audits
(a) RECORDS.—A sponsor shall keep the records the Secretary of Trans-
portation requires. The Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the sponsor of the proceeds
of the grant;
(B) the total cost of the plan or program for which the grant
is given or used; and
(C) the amounts and kinds of costs of the plan or program pro-
vided by other sources; and
(2) that make it easier to carry out an audit.
(b) AUDITS AND EXAMINATIONS.—The Secretary and the Comptroller
General may audit and examine records of a sponsor that are related to a
grant made under this subchapter.
(c) AUTHORITY
OF COMPTROLLER GENERAL.—When an independent
audit is made of the accounts of a sponsor under this subchapter related
645
to the disposition of the proceeds of the grant or related to the plan or pro-
gram for which the grant was given or used, the sponsor shall submit a cer-
tified copy of the audit to the Comptroller General not more than 6 months
after the end of the fiscal year for which the audit was made. Not later
than April 15 of each year, the Comptroller General shall report to Con-
gress describing the results of each audit conducted or reviewed by the
Comptroller General under this section during the prior fiscal year. The
Comptroller General shall prescribe regulations necessary to carry out this
subsection.
(d) AUDIT REQUIREMENT.—The Secretary may require a sponsor to con-
duct an appropriate audit as a condition for receiving a grant under this
subchapter.
(e) ANNUAL REVIEW.—The Secretary shall review annually the record-
keeping and reporting requirements under this subchapter to ensure that
they are the minimum necessary to carry out this subchapter.
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize the Secretary or the Comptroller General to withhold informa-
tion from a committee of Congress authorized to have the information.
§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action the
Secretary considers necessary to carry out this subchapter, including con-
ducting investigations and public hearings, prescribing regulations and pro-
cedures, and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In conduct-
ing an investigation or public hearing under this subchapter, the Secretary
has the same authority the Secretary has under section 46104 of this title.
An action of the Secretary in exercising that authority is governed by the
procedures specified in section 46104 and shall be enforced as provided in
section 46104.
§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure
that an individual is not excluded because of race, creed, color, national ori-
gin, or sex from participating in an activity carried out with money received
under a grant under this subchapter. The Secretary shall prescribe regula-
tions necessary to carry out this section. The regulations shall be similar
to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.). This section is in addition to title VI of the Act.
§ 47124. Agreements for State and local operation of airport
facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Trans-
portation shall ensure that an agreement under this subchapter with a State
646
or a political subdivision of a State to allow the State or subdivision to oper-
ate an airport facility in the State or subdivision relieves the United States
Government from any liability arising out of, or related to, acts or omissions
of employees of the State or subdivision in operating the airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary
shall continue the low activity (Visual Flight Rules) level I air traffic control
tower contract program established under subsection (a) of this section for
towers existing on December 30, 1987, and extend the program to other
towers as practicable.
(2) The Secretary may make a contract, on a sole source basis, with a
State or a political subdivision of a State to allow the State or subdivision
to operate an airport traffic control tower classified as a level I (Visual
Flight Rules) tower if the Secretary decides that the State or subdivision
has the capability to comply with the requirements of this paragraph. The
contract shall require that the State or subdivision comply with applicable
safety regulations in operating the facility and with applicable competition
requirements in making a subcontract to perform work to carry out the con-
tract.
§ 47125. Conveyances of United States Government land
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in sub-
section (b) of this section, the Secretary of Transportation shall request the
head of the department, agency, or instrumentality of the United States
Government owning or controlling land or airspace to convey a property in-
terest in the land or airspace to the public agency sponsoring the project
or owning or controlling the airport when necessary to carry out a project
under this subchapter at a public airport, to operate a public airport, or
for the future development of an airport under the national plan of inte-
grated airport systems. The head of the department, agency, or instrumen-
tality shall decide whether the requested conveyance is consistent with the
needs of the department, agency, or instrumentality and shall notify the
Secretary of that decision not later than 4 months after receiving the re-
quest. If the head of the department, agency, or instrumentality decides
that the requested conveyance is consistent with its needs, the head of the
department, agency, or instrumentality, with the approval of the Attorney
General and without cost to the Government, shall make the conveyance.
A conveyance may be made only on the condition that the property interest
conveyed reverts to the Government, at the option of the Secretary, to the
extent it is not developed for an airport purpose or used consistently with
the conveyance.
647
(b) NONAPPLICATION.—Except as specifically provided by law, subsection
(a) of this section does not apply to land or airspace owned or controlled
by the Government within—
(1) a national park, national monument, national recreation area, or
similar area under the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or similar area
under the jurisdiction of the United States Fish and Wildlife Service;
or
(3) a national forest or Indian reservation.
§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States
Government or a public agency) shall be fined under title 18, imprisoned
for not more than 5 years, or both, if the person, with intent to defraud
the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the
material used or to be used, or the quantity, quality, or cost of work
performed or to be performed, in connection with the submission of a
plan, map, specification, contract, or estimate of project cost for a
project included in a grant application submitted to the Secretary of
Transportation for approval under this subchapter;
(2) a false statement or claim for work or material for a project in-
cluded in a grant application approved by the Secretary under this sub-
chapter; or
(3) a false statement in a report or certification required under this
subchapter.
§ 47127. Ground transportation demonstration projects
(a) GENERAL AUTHORITY.—To improve the airport and airway system of
the United States consistent with regional airport system plans financed
under section 13(b) of the Airport and Airway Development Act of 1970,
the Secretary of Transportation may carry out ground transportation dem-
onstration projects to improve ground access to air carrier airport terminals.
The Secretary may carry out a demonstration project independently or by
grant or contract, including an agreement with another department, agency,
or instrumentality of the United States Government.
(b) PRIORITY.—In carrying out this section, the Secretary shall give pri-
ority to a demonstration project that—
(1) affects an airport in an area with an operating regional rapid
transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
648
(3) is consistent with and supports a regional airport system plan
adopted by the planning agency for the region and submitted to the
Secretary; and
(4) improves access to air transportation for individuals residing or
working in the region by encouraging the optimal balance of use of air-
ports in the region.
§ 47128. State block grant pilot program
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall
prescribe regulations to carry out a State block grant pilot program. The
regulations shall provide that the Secretary may designate not more than
7 qualified States to assume administrative responsibility for all airport
grant amounts available under this subchapter, except for amounts des-
ignated for use at primary airports.
(b) APPLICATIONS AND SELECTION.—(1) A State wishing to participate
in the program must submit an application to the Secretary. The Secretary
shall select a State on the basis of its application only after—
(A) deciding the State has an organization capable of effectively ad-
ministering a block grant made under this section;
(B) deciding the State uses a satisfactory airport system planning
process;
(C) deciding the State uses a programming process acceptable to the
Secretary;
(D) finding that the State has agreed to comply with United States
Government standard requirements for administering the block grant;
and
(E) finding that the State has agreed to provide the Secretary with
program information the Secretary requires.
(2) For the fiscal years ending September 30, 1993–1996, the States se-
lected shall include Illinois, Missouri, and North Carolina.
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—Before de-
ciding whether a planning process is satisfactory or a programming process
is acceptable under subsection (b)(2) or (3) of this section, the Secretary
shall ensure that the process provides for meeting critical safety and secu-
rity needs and that the programming process ensures that the needs of the
national airport system will be addressed in deciding which projects will re-
ceive money from the Government.
(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective
only through September 30, 1996.
649
§ 47129. Annual report
Not later than April 1 of each year, the Secretary of Transportation shall
submit to Congress a report on activities carried out under this subchapter
during the prior fiscal year. The report shall include—
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations; and
(4) an itemized statement of expenditures and receipts.
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
§ 47151. Authority to transfer an interest in surplus prop-
erty
(a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 of this
title, a department, agency, or instrumentality of the executive branch of
the United States Government or a wholly owned Government corporation
may give a State, political subdivision of a State, or tax-supported organiza-
tion any interest in surplus property—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintain-
ing a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foresee-
able future requirements for developing, improving, operating, or
maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation
businesses at a public airport; and
(2) if the Administrator of General Services approves the gift and
decides the interest is not best suited for industrial use.
(b) ENSURING COMPLIANCE.—Only the Secretary may ensure compliance
with an instrument giving an interest in surplus property under this sub-
chapter. The Secretary may amend the instrument to correct the instrument
or to make the gift comply with law.
(c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUBCHAPTER.—
An interest in surplus property that could be used at a public airport but
that is not given under this subchapter shall be disposed of under other ap-
plicable law.
§ 47152. Terms of gifts
Except as provided in section 47153 of this title, the following terms
apply to a gift of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State, or tax-supported organi-
zation receiving the interest may use, lease, salvage, or dispose of the
interest for other than airport purposes only after the Secretary of
Transportation gives written consent that the interest can be used,
650
leased, salvaged, or disposed of without materially and adversely affect-
ing the development, improvement, operation, or maintenance of the
airport at which the property is located.
(2) The interest shall be used and maintained for public use and
benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the
same class from using the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation
of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft acces-
sories, equipment, or supplies (except gasoline and oil), or aircraft
services necessary to operate aircraft (including maintaining and
repairing aircraft, aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported organization ac-
cepting the interest shall clear and protect the aerial approaches to the
airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by the President or Con-
gress, the United States Government is entitled to use, control, or pos-
sess, without charge, any part of the public airport at which the prop-
erty is located. However, the Government shall—
(A) pay the entire cost of maintaining the part of the airport
it exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Govern-
ment’s use, of the cost of maintaining the property it uses
nonexclusively, or over which the Government has nonexclusive
control or possession, during the emergency; and
(C) pay a fair rental for use, control, or possession of improve-
ments to the airport made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without
charge, of the landing area of an airport at which the property is lo-
cated. The Secretary may limit the use of the landing area if necessary
to prevent unreasonable interference with use by other authorized air-
craft. However, the Government shall—
(A) contribute a reasonable share, consistent with the Govern-
ment’s use, of the cost of maintaining and operating the landing
area; and
(B) pay for damages caused by its use of the landing area if
its use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported organization ac-
cepting the interest shall release the Government from all liability for
damages arising under an agreement that provides for Government use
651
of any part of an airport owned, controlled, or operated by the State,
political subdivision, or tax-supported organization on which, adjacent
to which, or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any part of the
interest in the property reverts to the Government, at the option of the
Government, as the property then exists.
§ 47153. Waiving and adding terms
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation may
waive, without charge, a term of a gift of an interest in property under this
subchapter if the Secretary decides that—
(A) the property no longer serves the purpose for which it was given;
or
(B) the waiver will not prevent carrying out the purpose for which
the gift was made and is necessary to advance the civil aviation inter-
ests of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph
(1) of this subsection on terms the Secretary considers necessary to protect
or advance the civil aviation interests of the United States.
(b) WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON REQUEST.—On
request of the Secretary of Transportation or the Secretary of a military
department, a department, agency, or instrumentality of the executive
branch of the United States Government or a wholly owned Government
corporation may waive a term required by section 47152 of this title or add
another term if the appropriate Secretary decides it is necessary to protect
or advance the interests of the United States in civil aviation or for national
defense.
CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES
Sec.
47301.
Definitions.
47302.
Providing airport and airway property in foreign territories.
47303.
Training foreign citizens.
47304.
Transfer of airport and airway property.
47305.
Administrative.
47306.
Criminal penalty.
§ 47301. Definitions
In this chapter—
(1) ‘‘airport property’’ means an interest in property used or useful
in operating and maintaining an airport.
(2) ‘‘airway property’’ means an interest in property used or useful
in operating and maintaining a ground installation, facility, or equip-
ment desirable for the orderly and safe operation of air traffic, includ-
ing air navigation, air traffic control, airway communication, and mete-
orological facilities.
652
(3) ‘‘foreign territory’’ means an area—
(A) over which no government or a government of a foreign
country has sovereignty;
(B) temporarily under military occupation by the United States
Government; or
(C) occupied or administered by the Government or a govern-
ment of a foreign country under an international agreement.
(4) ‘‘territory outside the continental United States’’ means territory
outside the 48 contiguous States and the District of Columbia.
§ 47302. Providing airport and airway property in foreign
territories
(a) GENERAL AUTHORITY.—Subject to the concurrence of the Secretary
of State and the consideration of objectives of the International Civil Avia-
tion Organization—
(1) the Secretary of Transportation may acquire, establish, and con-
struct airport property and airway property (except meteorological fa-
cilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and construct
meteorological facilities in foreign territory.
(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport property
transferred under section 47304(b) of this title, an airport (as defined in
section 40102(a) of this title) may be acquired, established, or constructed
under subsection (a) of this section only if amounts have been appropriated
specifically for the airport.
(c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation
or Commerce, as appropriate, may accept payment from a government of
a foreign country or international organization for facilities or services sold
or provided the government or organization under this chapter. The amount
received may be credited to the appropriation current when the expenditures
are or were paid, the appropriation current when the amount is received,
or both.
§ 47303. Training foreign citizens
Subject to the concurrence of the Secretary of State, the Secretary of
Transportation or Commerce, as appropriate, may train a foreign citizen in
a subject related to aeronautics and essential to the orderly and safe oper-
ation of civil aircraft. The training may be provided—
(1) directly by the appropriate Secretary or jointly with another de-
partment, agency, or instrumentality of the United States Government;
(2) through a public or private agency of the United States (includ-
ing a State or municipal educational institution); or
(3) through an international organization.
653
§ 47304. Transfer of airport and airway property
(a) GENERAL AUTHORITY.—When requested by the government of a for-
eign country or an international organization, the Secretary of Transpor-
tation or Commerce, as appropriate, may transfer to the government or or-
ganization airport property and airway property operated and maintained
under this chapter by the appropriate Secretary in foreign territory. The
transfer shall be on terms the appropriate Secretary considers proper, in-
cluding consideration agreed on through negotiations with the government
or organization.
(b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Subject to
terms to which the parties agree, the Secretary of a military department
may transfer without charge to the Secretary of Transportation airport
property and airway property (except meteorological facilities), and to the
Secretary of Commerce meteorological facilities, that the Secretary of the
military department installed or controls in territory outside the continental
United States. The transfer may be made if consistent with the needs of
national defense and—
(1) the Secretary of the military department finds that the property
or facility is no longer required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate,
decides that the transfer is or may be necessary to carry out this chap-
ter.
(c) CANAL ZONE AND REPUBLIC OF PANAMA.—(1) The Secretary of
Transportation may provide, operate, and maintain facilities and services for
air navigation, airway communications, and air traffic control in the Canal
Zone and the Republic of Panama subject to—
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Government under
an agreement between the Government and the Republic of Panama.
(2) The Secretary of a military department may transfer without charge
to the Secretary of Transportation property located in the Canal Zone or
the Republic of Panama when the Secretary of Transportation decides that
the transfer may be useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of Transpor-
tation) and section 47302 (a) and (b) of this title do not apply in carrying
out this subsection.
(d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1) When nec-
essary for a military requirement, the Secretary of a military department
immediately may retake property (with any improvements to it) transferred
by the Secretary under subsection (b) or (c) of this section. The Secretary
shall pay reasonable compensation to each person (or its successor in inter-
654
est) that made an improvement to the property that was not made at the
expense of the Government. The Secretary or a delegate of the Secretary
shall decide on the amount of compensation.
(2) On the recommendation of the Secretary of Transportation or Com-
merce, as appropriate, the Secretary of a military department may decide
not to act under paragraph (1) of this subsection.
§ 47305. Administrative
(a) GENERAL AUTHORITY.—The Secretary of Transportation shall con-
solidate, operate, protect, maintain, and improve airport property and air-
way property (except meteorological facilities), and the Secretary of Com-
merce may consolidate, operate, protect, maintain, and improve meteorologi-
cal facilities, that the appropriate Secretary has acquired and that are lo-
cated in territory outside the continental United States. In carrying out this
section, the appropriate Secretary may—
(1) adapt the property or facility to the needs of civil aeronautics;
(2) lease the property or facility for not more than 20 years;
(3) make a contract, or provide directly, for facilities and services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b) CREDITING APPROPRIATIONS.—Money received from the direct sale
or charge that the Secretary of Transportation or Commerce, as appro-
priate, decides is equivalent to the cost of facilities and services sold or pro-
vided under subsection (a)(3) and (4) of this section is credited to the ap-
propriation from which the cost was paid. The balance shall be deposited
in the Treasury as miscellaneous receipts.
(c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.—To carry
out this chapter and to use personnel and facilities of the United States
Government most advantageously and without unnecessary duplication, the
Secretary of Transportation or Commerce, as appropriate, shall request,
when practicable, to use a facility or service of an appropriate department,
agency, or instrumentality of the Government on a reimbursable basis. A
department, agency, or instrumentality receiving a request under this sec-
tion may provide the facility or service.
(d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised Statutes
(41 U.S.C. 5) does not apply to a lease or contract made by the Secretary
of Transportation or Commerce under this chapter.
§ 47306. Criminal penalty
A person that knowingly and willfully violates a regulation prescribed by
the Secretary of Transportation to carry out this chapter shall be fined
under title 18, imprisoned for not more than 6 months, or both.
655
CHAPTER 475—NOISE
SUBCHAPTER I—NOISE ABATEMENT
Sec.
47501.
Definitions.
47502.
Noise measurement and exposure systems and identifying land use compatible with
noise exposure.
47503.
Noise exposure maps.
47504.
Noise compatibility programs.
47505.
Airport noise compatibility planning grants.
47506.
Limitations on recovering damages for noise.
47507.
Nonadmissibility of noise exposure map and related information as evidence.
47508.
Noise standards for air carriers and foreign air carriers providing foreign air trans-
portation.
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
47521.
Findings.
47522.
Definitions.
47523.
National aviation noise policy.
47524.
Airport noise and access restriction review program.
47525.
Decision about airport noise and access restrictions on certain stage 2 aircraft.
47526.
Limitations for noncomplying airport noise and access restrictions.
47527.
Liability of the United States Government for noise damages.
47528.
Prohibition on operating certain aircraft not complying with stage 3 noise levels.
47529.
Nonaddition rule.
47530.
Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contig-
uous States.
47531.
Penalties for violating sections 47528–47530.
47532.
Judicial review.
47533.
Relationship to other laws.
SUBCHAPTER I—NOISE ABATEMENT
§ 47501. Definitions
In this subchapter—
(1) ‘‘airport’’ means a public-use airport as defined in section 47102
of this title.
(2) ‘‘airport operator’’ means—
(A) for an airport serving air carriers that have certificates
from the Secretary of Transportation, any person holding an air-
port operating certificate issued under section 44706 of this title;
and
(B) for any other airport, the person operating the airport.
§ 47502. Noise measurement and exposure systems and iden-
tifying land use compatible with noise exposure
After consultation with the Administrator of the Environmental Protec-
tion Agency and United States Government, State, and interstate agencies
that the Secretary of Transportation considers appropriate, the Secretary
shall by regulation—
(1) establish a single system of measuring noise that—
(A) has a highly reliable relationship between projected noise ex-
posure and surveyed reactions of individuals to noise; and
(B) is applied uniformly in measuring noise at airports and the
surrounding area;
656
(2) establish a single system for determining the exposure of individ-
uals to noise resulting from airport operations, including noise inten-
sity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible with various exposures of
individuals to noise.
§ 47503. Noise exposure maps
(a) SUBMISSION AND PREPARATION.—An airport operator may submit to
the Secretary of Transportation a noise exposure map showing the
noncompatible uses in each area of the map on the date the map is submit-
ted, a description of estimated aircraft operations during 1985, and how
those operations will affect the map. The map shall—
(1) be prepared in consultation with public agencies and planning
authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502 of this
title.
(b) REVISED MAPS.—If a change in the operation of an airport will es-
tablish a substantial new noncompatible use in an area surrounding the air-
port, the airport operator shall submit a revised noise exposure map to the
Secretary showing the new noncompatible use.
§ 47504. Noise compatibility programs
(a) SUBMISSIONS.—(1) An airport operator that submitted a noise expo-
sure map and related information under section 47503(a) of this title may
submit a noise compatibility program to the Secretary of Transportation
after—
(A) consulting with public agencies and planning authorities in the
area surrounding the airport, United States Government officials hav-
ing local responsibility for the airport, and air carriers using the air-
port; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection shall
state the measures the operator has taken or proposes to take to reduce ex-
isting noncompatible uses and prevent introducing additional noncompatible
uses in the area covered by the map. The measures may include—
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or class of aircraft
because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and soundproofing
public buildings;
(D) using flight procedures to control the operation of aircraft to re-
duce exposure of individuals to noise in the area surrounding the air-
port; and
657
(E) acquiring land, air rights, easements, development rights, and
other interests to ensure that the property will be used in ways compat-
ible with airport operations.
(b) APPROVALS.—(1) The Secretary shall approve or disapprove a pro-
gram submitted under subsection (a) of this section (except as the program
is related to flight procedures referred to in subsection (a)(2)(D) of this sec-
tion) not later than 180 days after receiving it. The Secretary shall approve
the program (except as the program is related to flight procedures referred
to in subsection (a)(2)(D)) if the program—
(A) does not place an unreasonable burden on interstate or foreign
commerce;
(B) is reasonably consistent with achieving the goal of reducing
noncompatible uses and preventing the introduction of additional
noncompatible uses; and
(C) provides for necessary revisions because of a revised map submit-
ted under section 47503(b) of this title.
(2) A program (except as the program is related to flight procedures re-
ferred to in subsection (a)(2)(D) of this section) is deemed to be approved
if the Secretary does not act within the 180-day period.
(3) The Secretary shall submit any part of a program related to flight
procedures referred to in subsection (a)(2)(D) of this section to the Admin-
istrator of the Federal Aviation Administration. The Administrator shall ap-
prove or disapprove that part of the program.
(c) GRANTS.—(1) The Secretary may incur obligations to make grants
from amounts available under section 48103 of this title to carry out a
project under a part of a noise compatibility program approved under sub-
section (b) of this section. A grant may be made to—
(A) an airport operator submitting the program;
(B) a unit of local government in the area surrounding the airport,
if the Secretary decides the unit is able to carry out the project;
(C) an airport operator or unit of local government referred to in
clause (A) or (B) of this paragraph to carry out any part of a program
developed before February 18, 1980, or before implementing regula-
tions were prescribed, if the Secretary decides the program is substan-
tially consistent with reducing existing noncompatible uses and prevent-
ing the introduction of additional noncompatible uses and the purposes
of this chapter will be furthered by promptly carrying out the program;
and
(D) an airport operator or unit of local government referred to in
clause (A) or (B) of this paragraph to soundproof a building in the
noise impact area surrounding the airport that is used primarily for
658
educational or medical purposes and that the Secretary decides is ad-
versely affected by airport noise.
(2) An airport operator may agree to make a grant made under para-
graph (1)(A) of this subsection available to a public agency in the area sur-
rounding the airport if the Secretary decides the agency is able to carry out
the project.
(3) The Government’s share of a project for which a grant is made under
paragraph (1) of this subsection is the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government’s share that would apply if the amounts avail-
able for the project were made available under subchapter I of chapter
471 of this title for a project at the airport.
(4) The provisions of subchapter I of chapter 471 of this title related to
grants apply to a grant made under this chapter, except—
(A) section 47109 (a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent with, or
unnecessary to carry out, this chapter.
(d) GOVERNMENT RELIEF FROM LIABILITY.—The Government is not lia-
ble for damages from aviation noise because of action taken under this sec-
tion.
§ 47505. Airport noise compatibility planning grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
a grant to a sponsor of an airport to develop, for planning purposes, infor-
mation necessary to prepare and submit—
(1) a noise exposure map and related information under section
47503 of this title, including the cost of obtaining the information; or
(2) a noise compatibility program under section 47504 of this title.
(b) AVAILABILITY
OF
AMOUNTS
AND
GOVERNMENT’S
SHARE
OF
COSTS.—A grant under subsection (a) of this section may be made from
amounts available under section 48103 of this title. The United States Gov-
ernment’s share of the grant is the percent for which a project for airport
development at an airport would be eligible under section 47109 (a) and (b)
of this title.
§ 47506. Limitations on recovering damages for noise
(a) GENERAL LIMITATIONS.—A person acquiring an interest in property
after February 18, 1980, in an area surrounding an airport for which a
noise exposure map has been submitted under section 47503 of this title
and having actual or constructive knowledge of the existence of the map
may recover damages for noise attributable to the airport only if, in addition
to any other elements for recovery of damages, the person shows that—
(1) after acquiring the interest, there was a significant—
659
(A) change in the type or frequency of aircraft operations at the
airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or increase.
(b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the exist-
ence of a map under subsection (a) of this section shall be imputed, at a
minimum, to a person if—
(1) before the person acquired the interest, notice of the existence
of the map was published at least 3 times in a newspaper of general
circulation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the inter-
est.
§ 47507. Nonadmissibility of noise exposure map and related
information as evidence
No part of a noise exposure map or related information described in sec-
tion 47503 of this title that is submitted to, or prepared by, the Secretary
of Transportation and no part of a list of land uses the Secretary identifies
as normally compatible with various exposures of individuals to noise may
be admitted into evidence or used for any other purpose in a civil action
asking for relief for noise resulting from the operation of an airport.
§ 47508. Noise standards for air carriers and foreign air car-
riers providing foreign air transportation
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall
require each air carrier and foreign air carrier providing foreign air trans-
portation to comply with noise standards—
(1) the Secretary prescribed for new subsonic aircraft in regulations
of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substan-
tially compatible with standards of the Secretary for new subsonic air-
craft in regulations of the Secretary at parts 36 and 91 of title 14,
Code of Federal Regulations, prescribed between January 2, 1977, and
January 1, 1982.
(b) COMPLIANCE AT PHASED RATE.—The Secretary shall require each
air carrier and foreign air carrier providing foreign air transportation to
comply with the noise standards at a phased rate similar to the rate for
aircraft registered in the United States.
(c) NONDISCRIMINATION.—The requirement for air carriers providing for-
eign air transportation may not be more stringent than the requirement for
foreign air carriers.
660
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
§ 47521. Findings
Congress finds that—
(1) aviation noise management is crucial to the continued increase
in airport capacity;
(2) community noise concerns have led to uncoordinated and incon-
sistent restrictions on aviation that could impede the national air trans-
portation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered
in determining the national interest;
(5) community concerns can be alleviated through the use of new
technology aircraft and the use of revenues, including those available
from passenger facility fees, for noise management;
(6) revenues controlled by the United States Government can help
resolve noise problems and carry with them a responsibility to the na-
tional airport system;
(7) revenues derived from a passenger facility fee may be applied to
noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger
facility fee is the prescribing by the Secretary of Transportation of a
regulation establishing procedures for reviewing airport noise and ac-
cess restrictions on operations of stage 2 and stage 3 aircraft.
§ 47522. Definitions
In this subchapter—
(1) ‘‘air carrier’’, ‘‘air transportation’’, and ‘‘United States’’ have the
same meanings given those terms in section 40102(a) of this title.
(2) ‘‘stage 3 noise levels’’ means the stage 3 noise levels in part 36
of title 14, Code of Federal Regulations, in effect on November 5,
1990.
§ 47523. National aviation noise policy
(a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, the Sec-
retary of Transportation shall establish by regulation a national aviation
noise policy that considers this subchapter, including the phaseout and
nonaddition of stage 2 aircraft as provided in this subchapter and dates for
carrying out that policy and reporting requirements consistent with this
subchapter and law existing as of November 5, 1990.
(b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based on a de-
tailed economic analysis of the impact of the phaseout date for stage 2 air-
craft on competition in the airline industry, including—
661
(1) the ability of air carriers to achieve capacity growth consistent
with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
§ 47524. Airport noise and access restriction review pro-
gram
(a) GENERAL REQUIREMENTS.—The national aviation noise policy estab-
lished under section 47523 of this title shall provide for establishing by reg-
ulation a national program for reviewing airport noise and access restric-
tions on the operation of stage 2 and stage 3 aircraft. The program shall
provide for adequate public notice and opportunity for comment on the re-
strictions.
(b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d) of this
section, an airport noise or access restriction may include a restriction on
the operation of stage 2 aircraft proposed after October 1, 1990, only if the
airport operator publishes the proposed restriction and prepares and makes
available for public comment at least 180 days before the effective date of
the proposed restriction—
(1) an analysis of the anticipated or actual costs and benefits of the
existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do not
involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative meas-
ures to the costs and benefits of the proposed restriction.
(c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection (d) of this
section, an airport noise or access restriction on the operation of stage 3
aircraft not in effect on October 1, 1990, may become effective only if the
restriction has been agreed to by the airport proprietor and all aircraft oper-
ators or has been submitted to and approved by the Secretary of Transpor-
tation after an airport or aircraft operator’s request for approval as pro-
vided by the program established under this section. Restrictions to which
this paragraph applies include—
(A) a restriction on noise levels generated on either a single event
or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include
stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
662
(2) Not later than 180 days after the Secretary receives an airport or
aircraft operator’s request for approval of an airport noise or access restric-
tion on the operation of a stage 3 aircraft, the Secretary shall approve or
disapprove the restriction. The Secretary may approve the restriction only
if the Secretary finds on the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscrim-
inatory;
(B) the restriction does not create an unreasonable burden on inter-
state or foreign commerce;
(C) the restriction is not inconsistent with maintaining the safe and
efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation of the
United States;
(E) an adequate opportunity has been provided for public comment
on the restriction; and
(F) the restriction does not create an unreasonable burden on the
national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Admin-
istrator of the Federal Aviation Administration, before November 5, 1990,
has formed a working group (outside the process established by part 150
of title 14, Code of Federal Regulations) with a local airport operator to
examine the noise impact of air traffic control procedure changes at the air-
port. However, if an agreement on noise reductions at that airport is made
between the airport proprietor and one or more air carriers or foreign air
carriers that constitute a majority of the carrier use of the airport, this
paragraph applies only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access restriction
previously agreed to or approved under this subsection on request of an air-
craft operator able to demonstrate to the satisfaction of the Secretary that
there has been a change in the noise environment of the affected airport
that justifies a reevaluation. The Secretary shall establish by regulation pro-
cedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection;
and
(B) may be conducted only after 2 years after a decision under para-
graph (2) of this subsection has been made.
(d) NONAPPLICATION.—Subsections (b) and (c) of this section do not
apply to—
(1) a local action to enforce a negotiated or executed airport noise
or access agreement between the airport operator and the aircraft oper-
ators in effect on November 5, 1990;
663
(2) a local action to enforce a negotiated or executed airport noise
or access restriction agreed to by the airport operator and the aircraft
operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or ac-
cess restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access agreement
or restriction in effect on November 5, 1990, that does not reduce or
limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an airport
operator not later than October 1, 1990, and stayed as of October 1,
1990, by a court order or as a result of litigation, if any part of the
restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport operator to replace any
part of a restriction described in subclause (A) of this clause that is
disallowed by a court, if the new restriction would not prohibit aircraft
operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of
a program of a staged airport noise or access restriction if the initial
part of the program was adopted during 1988 and was in effect on No-
vember 5, 1990.
(e) GRANT LIMITATIONS.—Beginning on the 91st day after the Secretary
prescribes a regulation under subsection (a) of this section, a sponsor of a
facility operating under an airport noise or access restriction on the oper-
ation of stage 3 aircraft that first became effective after October 1, 1990,
is eligible for a grant under section 47104 of this title and is eligible to
impose a passenger facility fee under section 40117 of this title only if the
restriction has been—
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1) of
this section; or
(3) rescinded.
§ 47525. Decision about airport noise and access restrictions
on certain stage 2 aircraft
The Secretary of Transportation shall conduct a study and decide on the
application of section 47524(a)–(d) of this title to airport noise and access
restrictions on the operation of stage 2 aircraft with a maximum weight of
not more than 75,000 pounds. In making the decision, the Secretary shall
consider—
(1) noise levels produced by those aircraft relative to other aircraft;
(2) the benefits to general aviation and the need for efficiency in the
national air transportation system;
664
(3) the differences in the nature of operations at airports and the
areas immediately surrounding the airports;
(4) international standards and agreements on aircraft noise; and
(5) other factors the Secretary considers necessary.
§ 47526. Limitations for noncomplying airport noise and ac-
cess restrictions
Unless the Secretary of Transportation is satisfied that an airport is not
imposing an airport noise or access restriction not in compliance with this
subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title;
or
(2) impose a passenger facility fee under section 40117 of this title.
§ 47527. Liability of the United States Government for noise
damages
When a proposed airport noise or access restriction is disapproved under
this subchapter, the United States Government shall assume liability for
noise damages only to the extent that a taking has occurred as a direct re-
sult of the disapproval. The United States Court of Federal Claims has ex-
clusive jurisdiction of a civil action under this section.
§ 47528. Prohibition on operating certain aircraft not com-
plying with stage 3 noise levels
(a) PROHIBITION.—Except as provided in subsection (b) of this section
and section 47530 of this title, a person may operate after December 31,
1999, a civil subsonic turbojet with a maximum weight of more than 75,000
pounds to or from an airport in the United States only if the Secretary of
Transportation finds that the aircraft complies with the stage 3 noise levels.
(b) WAIVERS.—(1) If, not later than July 1, 1999, at least 85 percent
of the aircraft used by an air carrier to provide air transportation comply
with the stage 3 noise levels, the carrier may apply for a waiver of sub-
section (a) of this section for the remaining aircraft used by the carrier to
provide air transportation. The application must be filed with the Secretary
not later than January 1, 1999, and must include a plan with firm orders
for making all aircraft used by the carrier to provide air transportation
comply with the noise levels not later than December 31, 2003.
(2) The Secretary may grant a waiver under this subsection if the Sec-
retary finds it would be in the public interest. In making the finding, the
Secretary shall consider the effect of granting the waiver on competition in
the air carrier industry and on small community air service.
(3) A waiver granted under this subsection may not permit the operation
of stage 2 aircraft in the United States after December 31, 2003.
665
(c) SCHEDULE FOR PHASED-IN COMPLIANCE.—The Secretary shall es-
tablish by regulation a schedule for phased-in compliance with subsection
(a) of this section. The phase-in period shall begin on November 5, 1990,
and end before December 31, 1999. The regulations shall establish interim
compliance dates. The schedule for phased-in compliance shall be based
on—
(1) a detailed economic analysis of the impact of the phaseout date
for stage 2 aircraft on competition in the airline industry, including—
(A) the ability of air carriers to achieve capacity growth consist-
ent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo indus-
tries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals residing
near airports.
(d) ANNUAL REPORT.—Beginning with calendar year 1992—
(1) each air carrier shall submit to the Secretary an annual report
on the progress the carrier is making toward complying with the re-
quirements of this section and regulations prescribed under this sec-
tion; and
(2) the Secretary shall submit to Congress an annual report on the
progress being made toward that compliance.
(e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround serv-
ice’’ means a flight between places only in Hawaii.
(2)(A) An air carrier or foreign air carrier may not operate in Hawaii,
or between a place in Hawaii and a place outside the 48 contiguous States,
a greater number of stage 2 aircraft with a maximum weight of more than
75,000 pounds than it operated in Hawaii, or between a place in Hawaii
and a place outside the 48 contiguous States, on November 5, 1990.
(B) An air carrier that provided turnaround service in Hawaii on Novem-
ber 5, 1990, using stage 2 aircraft with a maximum weight of more than
75,000 pounds may include in the number of aircraft authorized under sub-
paragraph (A) of this paragraph all stage 2 aircraft with a maximum weight
of more than 75,000 pounds that were owned or leased by that carrier on
that date, whether or not the aircraft were operated by the carrier on that
date.
(3) An air carrier may provide turnaround service in Hawaii using stage
2 aircraft with a maximum weight of more than 75,000 pounds only if the
carrier provided the service on November 5, 1990.
666
§ 47529. Nonaddition rule
(a) GENERAL LIMITATIONS.—Except as provided in subsection (b) of this
section and section 47530 of this title, a person may operate a civil subsonic
turbojet aircraft with a maximum weight of more than 75,000 pounds that
is imported into the United States after November 4, 1990, only if the air-
craft—
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing the aircraft into the
United States under a legally binding contract made before November
5, 1990.
(b) EXEMPTIONS.—The Secretary of Transportation may provide an ex-
emption from subsection (a) of this section to permit a person to obtain
modifications to an aircraft to meet the stage 3 noise levels.
(c) AIRCRAFT DEEMED NOT IMPORTED.—In this section, an aircraft is
deemed not to have been imported into the United States if the aircraft—
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the
laws of the United States or a State (including the District of Co-
lumbia);
(B) an individual who is a citizen of the United States; or
(C) an entity that is owned or controlled by a corporation, trust,
partnership, or individual described in subclause (A) or (B) of this
clause; and
(2) enters the United States not later than 6 months after the expi-
ration of a lease agreement (including any extension) between an owner
described in clause (1) of this subsection and a foreign carrier.
§ 47530. Nonapplication of sections 47528(a)–(d) and 47529 to
aircraft outside the 48 contiguous States
Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft
used only to provide air transportation outside the 48 contiguous States. A
civil subsonic turbojet aircraft with a maximum weight of more than 75,000
pounds that is imported into a noncontiguous State or a territory or posses-
sion of the United States after November 4, 1990, may be used to provide
air transportation in the 48 contiguous States only if the aircraft complies
with the stage 3 noise levels.
§ 47531. Penalties for violating sections 47528–47530
A person violating sections 47528, 47529, or 47530 of this title or a reg-
ulation prescribed under those sections is subject to the same civil penalties
and procedures under chapter 463 of this title as a person violating section
44701(a) or (b) or 44702–44716 of this title.
667
§ 47532. Judicial review
An action taken by the Secretary of Transportation under section 47528–
47531 of this title is subject to judicial review as provided under section
46110 of this title.
§ 47533. Relationship to other laws
Except as provided by section 47524 of this title, this subchapter does
not affect—
(1) law in effect on November 5, 1990, on airport noise or access
restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general avia-
tion airport if the airport proprietor has formally initiated a regulatory
or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and ob-
tain legal remedies the Secretary considers appropriate, including in-
junctive relief.
PART C—FINANCING
CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND
AUTHORIZATIONS
Sec.
48101.
Air navigation facilities.
48102.
Research and development.
48103.
Airport planning and development and noise compatibility planning and programs.
48104.
Certain direct costs and joint air navigation services.
48105.
Weather reporting services.
48106.
Airway science curriculum grants.
48107.
Civil aviation security research and development.
48108.
Availability and uses of amounts.
48109.
Submission of budget information and legislative recommendations and comments.
48110.
Facilities for advanced training of maintenance technicians for air carrier aircraft.
§ 48101. Air navigation facilities
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more than a
total of the following amounts may be appropriated to the Secretary of
Transportation out of the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to
acquire, establish, and improve air navigation facilities under section
44502(a)(1)(A) of this title:
(1) for the fiscal years ending September 30, 1991–1993,
$8,200,000,000.
(2) for the fiscal years ending September 30, 1991–1994,
$11,100,000,000.
(3) for the fiscal years ending September 30, 1991–1995,
$14,000,000,000.
(b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If the Sec-
retary decides that it is necessary to augment or substantially modify ele-
668
ments of the Airway Capital Investment Plan referred to in section
44501(b) of this title (including a decision that it is necessary to establish
more than 23 area control facilities), not more than $100,000,000 may be
appropriated to the Secretary out of the Fund for the fiscal year ending
September 30, 1994, to carry out the augmentation or modification.
(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
§ 48102. Research and development
(a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following
amounts may be appropriated to the Secretary of Transportation out of the
Airport and Airway Trust Fund established under section 9502 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 44504,
44505, 44507, 44509, and 44511–44513 of this title:
(1) for the fiscal year ending September 30, 1993—
(A) $14,700,000 only for management and analysis projects and
activities.
(B) $87,000,000 only for capacity and air traffic management
technology projects and activities.
(C) $28,000,000 only for communications, navigation, and sur-
veillance projects and activities.
(D) $7,700,000 only for weather projects and activities.
(E) $6,800,000 only for airport technology projects and activi-
ties.
(F) $44,000,000 only for aircraft safety technology projects and
activities.
(G) $41,100,000 only for system security technology projects
and activities.
(H) $31,000,000 only for human factors and aviation medicine
projects and activities.
(I) $4,500,000 for environment and energy projects and activi-
ties.
(J) $5,200,000 for innovative and cooperative research projects
and activities.
(2) for the fiscal year ending September 30, 1994, $297,000,000.
(b) AVAILABILITY
FOR RESEARCH.—(1) At least 15 percent of the
amount appropriated under subsection (a) of this section shall be for long-
term research projects.
(2) At least 3 percent of the amount appropriated under subsection (a)
of this section shall be available to the Administrator of the Federal Avia-
tion Administration to make grants under section 44511 of this title.
669
(c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10 percent
of the net amount authorized for a category of projects and activities in a
fiscal year under subsection (a) of this section may be transferred to or
from that category in that fiscal year.
(2) The Secretary may transfer more than 10 percent of an authorized
amount to or from a category only after—
(A) submitting a written explanation of the proposed transfer to the
Committees on Science, Space, and Technology and Appropriations of
the House of Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate; and
(B) 30 days have passed after the explanation is submitted or each
Committee notifies the Secretary in writing that it does not object to
the proposed transfer.
(d) AIRPORT CAPACITY RESEARCH
AND DEVELOPMENT.—(1) Of the
amounts made available under subsection (a) of this section, at least
$25,000,000 may be appropriated each fiscal year for research and develop-
ment under section 44505(a) and (c) of this title on preserving and enhanc-
ing airport capacity, including research and development on improvements
to airport design standards, maintenance, safety, operations, and environ-
mental concerns.
(2) The Administrator shall submit to the Committees on Science, Space,
and Technology and Public Works and Transportation of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on expenditures made under paragraph (1) of this
subsection for each fiscal year. The report shall be submitted not later than
60 days after the end of the fiscal year.
(e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary
amounts may be appropriated to the Secretary out of amounts in the Fund
available for research and development to conduct research under section
44506(a) and (b) of this title.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection
(a) of this section remain available until expended.
§ 48103. Airport planning and development and noise com-
patibility planning and programs
Not more than a total of $15,966,700,000 is available to the Secretary
of Transportation for the fiscal years ending September 30, 1982–1993, out
of the Airport and Airway Trust Fund established under section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for
airport planning and airport development under section 47104 of this title,
airport noise compatibility planning under section 47505(a)(2) of this title,
670
and carrying out noise compatibility programs under section 47504(c) of
this title.
§ 48104. Certain direct costs and joint air navigation serv-
ices
(a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided in this
section, the balance of the money available in the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue Code of 1986
(26 U.S.C. 9502) may be appropriated to the Secretary of Transportation
out of the Fund for—
(1) direct costs the Secretary incurs to flight check, operate, and
maintain air navigation facilities referred to in section 44502(a)(1)(A)
of this title safely and efficiently; and
(2) the costs of services provided under international agreements re-
lated to the joint financing of air navigation services assessed against
the United States Government.
(b) LIMITATION.—The amount that may be appropriated out of the Fund
for each of the fiscal years ending September 30, 1993–1995, may not be
more than an amount equal to—
(1) 75 percent of the amount made available under sections 106(k)
and 48101–48103 of this title for that fiscal year; less
(2) the amount made available under sections 48101–48103 of this
title for that fiscal year.
§ 48105. Weather reporting services
To reimburse the Secretary of Commerce for the cost incurred by the Na-
tional Oceanic and Atmospheric Administration of providing weather report-
ing services to the Federal Aviation Administration, the Secretary of Trans-
portation may expend from amounts available under section 48104 of this
title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
§ 48106. Airway science curriculum grants
Amounts are available from the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502) to carry out section 44510 of this title. The amounts remain available
until expended.
§ 48107. Civil aviation security research and development
After the review under section 44912(b) of this title is completed, nec-
essary amounts may be appropriated to the Secretary of Transportation out
of the Airport and Airway Trust Fund established under section 9502 of
671
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under
section 44912(a)(4)(A).
§ 48108. Availability and uses of amounts
(a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts author-
ized under sections 48101–48105 of this title remain in the Airport and
Airway Trust Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sec-
tions 48101–48105.
(b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be appro-
priated only to carry out a program or activity referred to in this chapter.
(2) Amounts in the Fund may be appropriated for administrative ex-
penses of the Department of Transportation or a component of the Depart-
ment only to the extent authorized by section 48104 of this title.
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In a fiscal
year beginning after September 30, 1995, the Secretary of Transportation
may obligate or expend an amount appropriated out of the Fund under sec-
tion 48104 of this title only if a law expressly amends section 48104.
§ 48109. Submission of budget information and legislative
recommendations and comments
When the Administrator of the Federal Aviation Administration submits
to the Secretary of Transportation, the President, or the Director of the Of-
fice of Management and Budget any budget information, legislative rec-
ommendation, or comment on legislation about amounts authorized in sec-
tion 48101 or 48102 of this title, the Administrator concurrently shall sub-
mit a copy of the information, recommendation, or comment to the Speaker
of the House of Representatives, the Committees on Public Works and
Transportation and Appropriations of the House, the President of the Sen-
ate, and the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate.
§ 48110. Facilities for advanced training of maintenance
technicians for air carrier aircraft
For the fiscal years ending September 30, 1993–1995, amounts necessary
to carry out section 44515 of this title may be appropriated to the Secretary
of Transportation out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).
The amounts remain available until expended.
PART D—MISCELLANEOUS
CHAPTER 491—BUY-AMERICAN PREFERENCES
Sec.
49101.
Buying goods produced in the United States.
49102.
Restricting contract awards because of discrimination against United States goods or
services.
672
49103.
Contract preference for domestic firms.
49104.
Restriction on airport projects using products or services of foreign countries denying
fair market opportunities.
49105.
Fraudulent use of ‘‘Made in America’’ label.
§ 49101. Buying goods produced in the United States
(a) PREFERENCE.—The Secretary of Transportation may obligate an
amount that may be appropriated to carry out section 106(k), 44502(a)(2),
or 44509, subchapter I of chapter 471 (except sections 47106(d) and
47127), or chapter 481 (except sections 48102(e), 48106, 48107, and
48110) of this title for a project only if steel and manufactured goods used
in the project are produced in the United States.
(b) WAIVER.—The Secretary may waive subsection (a) of this section if
the Secretary finds that—
(1) applying subsection (a) would be inconsistent with the public in-
terest;
(2) the steel and goods produced in the United States are not pro-
duced in a sufficient and reasonably available amount or are not of a
satisfactory quality;
(3) when procuring a facility or equipment under section
44502(a)(2) or 44509, subchapter I of chapter 471 (except sections
47106(d) and 47127), or chapter 481 (except sections 48102(e),
48106, 48107, and 48110) of this title—
(A) the cost of components and subcomponents produced in the
United States is more than 60 percent of the cost of all compo-
nents of the facility or equipment; and
(B) final assembly of the facility or equipment has occurred in
the United States; or
(4) including domestic material will increase the cost of the overall
project by more than 25 percent.
(c) LABOR COSTS.—In this section, labor costs involved in final assembly
are not included in calculating the cost of components.
§ 49102. Restricting contract awards because of discrimina-
tion against United States goods or services
A person or enterprise domiciled or operating under the laws of a foreign
country may not make a contract or subcontract under section 106(k),
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections
47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106,
48107, and 48110) of this title or subtitle B of title IX of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–
353) if the government of that country unfairly maintains, in government
procurement, a significant and persistent pattern of discrimination against
United States goods or services that results in identifiable harm to United
673
States businesses, that the President identifies under section 305(g)(1)(A)
of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
§ 49103. Contract preference for domestic firms
(a) DEFINITIONS.—In this section—
(1) ‘‘domestic firm’’ means a business entity incorporated, and con-
ducting business, in the United States.
(2) ‘‘foreign firm’’ means a business entity not described in clause
(1) of this subsection.
(b) PREFERENCE.—Subject to subsections (c) and (d) of this section, the
Administrator of the Federal Aviation Administration may make, with a do-
mestic firm, a contract related to a grant made under section 44511, 44512,
or 44513 of this title that, under competitive procedures, would be made
with a foreign firm, if—
(1) the Administrator decides, and the Secretary of Commerce and
the United States Trade Representative concur, that the public interest
requires making the contract with the domestic firm, considering Unit-
ed States international obligations and trade relations;
(2) the difference between the bids submitted by the foreign firm and
the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled com-
pletely in the United States; and
(4) at least 51 percent of the final product of the domestic firm will
be produced in the United States.
(c) NONAPPLICATION.—Subsection (b) of this section does not apply if—
(1) compelling national security considerations require that sub-
section (b) of this section not apply; or
(2) the Trade Representative decides that making the contract would
violate the General Agreement on Tariffs and Trade or an international
agreement to which the United States is a party.
(d) APPLICATION TO CERTAIN GRANTS.—This section applies only to a
contract related to a grant made under section 44511, 44512, or 44513 of
this title for which—
(1) an amount is authorized by section 48102(a), (b), or (d) of this
title to be made available for the fiscal years ending September 30,
1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e) REPORT.—The Administrator shall submit a report to Congress on—
(1) contracts to which this section applies that are made with foreign
firms in the fiscal years ending September 30, 1991, and September
30, 1992;
674
(2) the number of contracts that meet the requirements of subsection
(b) of this section, but that the Trade Representative decides would
violate the General Agreement on Tariffs and Trade or an international
agreement to which the United States is a party; and
(3) the number of contracts made under this section.
§ 49104. Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities
(a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this sec-
tion—
(1) ‘‘project’’ has the same meaning given that term in section
47102 of this title.
(2) each foreign instrumentality and each territory and possession of
a foreign country administered separately for customs purposes is a
separate foreign country.
(3) an article substantially produced or manufactured in a foreign
country is a product of the country.
(4) a service provided by a person that is a national of a foreign
country or that is controlled by a national of a foreign country is a
service of the country.
(b) LIMITATION
ON USE
OF AVAILABLE AMOUNTS.—(1) An amount
made available under subchapter I of chapter 471 of this title (except sec-
tions 47106(d) and 47127) may not be used for a project that uses a prod-
uct or service of a foreign country during any period the country is on the
list maintained by the United States Trade Representative under subsection
(d)(1) of this section.
(2) Paragraph (1) of this subsection does not apply when the Secretary
of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not
in the public interest;
(B) a product or service of the same class or type and of satisfactory
quality is not produced or offered in the United States, or in a foreign
country not listed under subsection (d)(1) of this section, in a sufficient
and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the
product or service is excluded.
(c) DECISIONS
ON DENIAL
OF FAIR MARKET OPPORTUNITIES.—Not
later than 30 days after a report is submitted to Congress under section
181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Represent-
ative, for a construction project of more than $500,000 for which the gov-
ernment of a foreign country supplies any part of the amount, shall decide
675
whether the foreign country denies fair market opportunities for products
and suppliers of the United States in procurement or for United States bid-
ders. In making the decision, the Trade Representative shall consider infor-
mation obtained in preparing the report and other information the Trade
Representative considers relevant.
(d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNITIES.—(1)
The Trade Representative shall maintain a list of each foreign country the
Trade Representative finds under subsection (c) of this section is denying
fair market opportunities. The country shall remain on the list until the
Trade Representative decides the country provides fair market opportuni-
ties.
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection;
and
(B) any modification of the list made before the next list is pub-
lished.
§ 49105. Fraudulent use of ‘‘Made in America’’ label
If the Secretary of Transportation decides that a person intentionally af-
fixed a ‘‘Made in America’’ label to goods sold in or shipped to the United
States that are not made in the United States, the Secretary shall declare
the person ineligible, for not less than 3 nor more than 5 years, to receive
a contract or grant from the United States Government related to a con-
tract made under section 106(k), 44502(a)(2), or 44509, subchapter I of
chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except
sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of
title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law
101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to
enforce this section in any district court of the United States.
SUBTITLE VIII—PIPELINES
CHAPTER
Sec.
601.
SAFETY ...........................................................................................................
60101
603.
USER FEES ....................................................................................................
60301
605.
INTERSTATE COMMERCE REGULATION ...............................................
60501
CHAPTER 601—SAFETY
Sec.
60101.
Definitions.
60102.
General authority.
60103.
Standards for liquefied natural gas pipeline facilities.
60104.
Requirements and limitations.
60105.
State certifications.
60106.
State agreements.
60107.
State grants.
60108.
Inspection and maintenance.
60109.
High-density population areas and environmentally sensitive areas.
60110.
Excess flow valves.
60111.
Financial responsibility for liquefied natural gas facilities.
676
60112.
Pipeline facilities hazardous to life and property.
60113.
Customer-owned natural gas service lines.
60114.
One-call notification systems.
60115.
Technical safety standards committees.
60116.
Public education programs.
60117.
Administrative.
60118.
Compliance and waivers.
60119.
Judicial review.
60120.
Enforcement.
60121.
Actions by private persons.
60122.
Civil penalties.
60123.
Criminal penalties.
60124.
Annual reports.
60125.
Authorization of appropriations.
§ 60101. Definitions
(a) In this chapter—
(1) ‘‘existing liquefied natural gas facility’’—
(A) means a liquefied natural gas facility for which an applica-
tion to approve the site, construction, or operation of the facility
was filed before March 1, 1978, with—
(i) the Federal Energy Regulatory Commission (or any
predecessor); or
(ii) the appropriate State or local authority, if the facility
is not subject to the jurisdiction of the Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a facility on which construction is begun
after November 29, 1979, without the approval.
(2) ‘‘gas’’ means natural gas, flammable gas, or toxic or corrosive
gas.
(3) ‘‘gas pipeline facility’’ includes a pipeline, a right of way, a facil-
ity, a building, or equipment used in transporting gas or treating gas
during its transportation.
(4) ‘‘hazardous liquid’’ means—
(A) petroleum or a petroleum product; and
(B) a substance the Secretary of Transportation decides may
pose an unreasonable risk to life or property when transported by
a hazardous liquid pipeline facility in a liquid state (except for liq-
uefied natural gas).
(5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline, a right of
way, a facility, a building, or equipment used or intended to be used
in transporting hazardous liquid.
(6) ‘‘interstate gas pipeline facility’’—
(A) means a gas pipeline facility—
(i) used to transport gas; and
(ii) subject to the jurisdiction of the Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.); but
677
(B) does not include a gas pipeline facility transporting gas
from an interstate gas pipeline in a State to a direct sales cus-
tomer in that State buying gas for its own consumption.
(7) ‘‘interstate hazardous liquid pipeline facility’’ means a hazardous
liquid pipeline facility used to transport hazardous liquid in interstate
or foreign commerce.
(8) ‘‘interstate or foreign commerce’’—
(A) related to gas, means commerce—
(i) between a place in a State and a place outside that
State; or
(ii) that affects any commerce described in subclause (A)(i)
of this clause; and
(B) related to hazardous liquid, means commerce between—
(i) a place in a State and a place outside that State; or
(ii) places in the same State through a place outside the
State.
(9) ‘‘intrastate gas pipeline facility’’ means—
(A) a gas pipeline facility and transportation of gas within a
State not subject to the jurisdiction of the Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.); and
(B) a gas pipeline facility transporting gas from an interstate
gas pipeline in a State to a direct sales customer in that State
buying gas for its own consumption.
(10) ‘‘intrastate hazardous liquid pipeline facility’’ means a hazard-
ous liquid pipeline facility that is not an interstate hazardous liquid
pipeline facility.
(11) ‘‘liquefied natural gas’’ means natural gas in a liquid or semi-
solid state.
(12) ‘‘liquefied natural gas accident’’ means a release, burning, or
explosion of liquefied natural gas from any cause, except a release,
burning, or explosion that, under regulations prescribed by the Sec-
retary, does not pose a threat to public health or safety, property, or
the environment.
(13) ‘‘liquefied natural gas conversion’’ means conversion of natural
gas into liquefied natural gas or conversion of liquefied natural gas into
natural gas.
(14) ‘‘liquefied natural gas pipeline facility’’—
(A) means a gas pipeline facility used for transporting or stor-
ing liquefied natural gas, or for liquefied natural gas conversion,
in interstate or foreign commerce; but
678
(B) does not include any part of a structure or equipment lo-
cated in navigable waters (as defined in section 3 of the Federal
Power Act (16 U.S.C. 796)).
(15) ‘‘municipality’’ means a political subdivision of a State.
(16) ‘‘new liquefied natural gas pipeline facility’’ means a liquefied
natural gas pipeline facility except an existing liquefied natural gas
pipeline facility.
(17) ‘‘person’’, in addition to its meaning under section 1 of title 1
(except as to societies), includes a State, a municipality, and a trustee,
receiver, assignee, or personal representative of a person.
(18) ‘‘pipeline facility’’ means a gas pipeline facility and a hazardous
liquid pipeline facility.
(19) ‘‘pipeline transportation’’ means transporting gas and trans-
porting hazardous liquid.
(20) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and Puerto Rico.
(21) ‘‘transporting gas’’—
(A) means the gathering, transmission, or distribution of gas by
pipeline, or the storage of gas, in interstate or foreign commerce;
but
(B) does not include gathering gas in a rural area outside a
populated area designated by the Secretary as a nonrural area.
(22) ‘‘transporting hazardous liquid’’—
(A) means the movement of hazardous liquid by pipeline, or the
storage of hazardous liquid incidental to the movement of hazard-
ous liquid by pipeline, in or affecting interstate or foreign com-
merce; but
(B) does not include moving hazardous liquid through—
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing facili-
ties; or
(iii) storage or in-plant piping systems associated with on-
shore production, refining, or manufacturing facilities.
(b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, the
Secretary shall define by regulation the term ‘‘gathering line’’.
(B) In defining ‘‘gathering line’’ for gas, the Secretary—
(i) shall consider functional and operational characteristics of the
lines to be included in the definition; and
(ii) is not bound by a classification the Commission establishes under
the Natural Gas Act (15 U.S.C. 717 et seq.).
679
(2)(A) Not later than October 24, 1995, the Secretary shall define by
regulation the term ‘‘regulated gathering line’’. In defining the term, the
Secretary shall consider factors such as location, length of line from the well
site, operating pressure, throughput, and the composition of the transported
gas or hazardous liquid, as appropriate, in deciding on the types of lines
that functionally are gathering but should be regulated under this chapter
because of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining ‘‘regu-
lated gathering line’’ for hazardous liquid.
(ii) The definition of ‘‘regulated gathering line’’ for hazardous liquid may
not include a crude oil gathering line that has a nominal diameter of not
more than 6 inches, is operated at low pressure, and is located in a rural
area that is not unusually sensitive to environmental damage.
§ 60102. General authority
(a)(1) MINIMUM SAFETY STANDARDS.—The Secretary of Transportation
shall prescribe minimum safety standards for pipeline transportation and
for pipeline facilities. The standards—
(A) apply to transporters of gas and hazardous liquid and to owners
and operators of pipeline facilities;
(B) may apply to the design, installation, inspection, emergency
plans and procedures, testing, construction, extension, operation, re-
placement, and maintenance of pipeline facilities; and
(C) shall include a requirement that all individuals responsible for
the operation and maintenance of pipeline facilities be tested for quali-
fications and certified to operate and maintain those facilities.
(2) As the Secretary considers appropriate, the operator of a pipeline fa-
cility may make the certification under paragraph (1)(C) of this subsection.
Testing and certification under paragraph (1)(C) shall address the ability
to recognize and react appropriately to abnormal operating conditions that
may indicate a dangerous situation or a condition exceeding design limits.
(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A standard pre-
scribed under subsection (a) of this section shall be practicable and designed
to meet the need for gas pipeline safety, for safely transporting hazardous
liquid, and for protecting the environment. Except as provided in section
60103 of this title, when prescribing the standard the Secretary shall con-
sider—
(1) relevant available—
(A) gas pipeline safety information; or
(B) hazardous liquid pipeline information;
(2) the appropriateness of the standard for the particular type of
pipeline transportation or facility;
680
(3) the reasonableness of the standard; and
(4) the extent to which the standard will contribute to public safety
and the protection of the environment.
(c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary shall
include in the standards prescribed under subsection (a) of this section a
requirement that an operator of a gas pipeline facility participate in a public
safety program that—
(A) notifies an operator of proposed demolition, excavation, tunnel-
ing, or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that may be
affected by the proposed demolition, excavation, tunneling, or construc-
tion, to prevent damaging the facility; and
(C) the Secretary decides will protect a facility adequately against
a hazard caused by demolition, excavation, tunneling, or construction.
(2) To the extent a public safety program referred to in paragraph (1)
of this subsection is not available, the Secretary shall prescribe standards
requiring an operator to take action the Secretary prescribes to provide
services comparable to services that would be available under a public safety
program.
(3) The Secretary may include in the standards prescribed under sub-
section (a) of this section a requirement that an operator of a hazardous
liquid pipeline facility participate in a public safety program meeting the re-
quirements of paragraph (1) of this subsection or maintain and carry out
a damage prevention program that provides services comparable to services
that would be available under a public safety program.
(d) FACILITY OPERATION INFORMATION STANDARDS.—The Secretary
shall prescribe minimum standards requiring an operator of a pipeline facil-
ity subject to this chapter to maintain, to the extent practicable, information
related to operating the facility and, when requested, to provide the infor-
mation to the Secretary and an appropriate State official. The information
shall include—
(1) the business name, address, and telephone number, including an
operations emergency telephone number, of the operator;
(2) accurate maps and a supplementary geographic description, in-
cluding an identification of areas described in regulations prescribed
under section 60109 of this title, that show the location in the State
of—
(A) major gas pipeline facilities of the operator, including trans-
mission lines and significant distribution lines; and
(B) major hazardous liquid pipeline facilities of the operator;
(3) a description of—
681
(A) the characteristics of the operator’s pipelines in the State;
and
(B) products transported through the operator’s pipelines in the
State;
(4) the manual that governs operating and maintaining pipeline fa-
cilities in the State;
(5) an emergency response plan describing the operator’s procedures
for responding to and containing releases, including—
(A) identifying specific action the operator will take on discover-
ing a release;
(B) liaison procedures with State and local authorities for emer-
gency response; and
(C) communication and alert procedures for immediately notify-
ing State and local officials at the time of a release; and
(6) other information the Secretary considers useful to inform a
State of the presence of pipeline facilities and operations in the State.
(e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe mini-
mum standards requiring an operator of a pipeline facility subject to this
chapter and, to the extent the Secretary considers necessary, an operator
of a gathering line that is not a regulated gathering line (as defined under
section 60101(b)(2) of this title), to maintain for the Secretary, to the ex-
tent practicable, an inventory with appropriate information about the types
of pipe used for the transmission of gas or hazardous liquid, as appropriate,
in the operator’s system and additional information, including the material’s
history and the leak history of the pipe. The inventory—
(1) for a gas pipeline facility, shall include an identification of each
facility passing through an area described in regulations prescribed
under section 60109 of this title but shall exclude equipment used with
the compression of gas; and
(2) for a hazardous liquid pipeline facility, shall include an identifica-
tion of each facility and gathering line passing through an area de-
scribed in regulations prescribed under section 60109 of this title,
whether the facility or gathering line otherwise is subject to this chap-
ter, but shall exclude equipment associated only with the pipeline
pumps or storage facilities.
(f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Secretary
shall prescribe minimum safety standards requiring that the design and con-
struction of a new gas pipeline transmission facility or hazardous liquid
pipeline facility, and the required replacement of an existing gas pipeline
transmission facility, hazardous liquid pipeline facility, or equipment, be car-
ried out, to the extent practicable, in a way that accommodates the passage
682
through the facility of an instrumented internal inspection device (commonly
referred to as a ‘‘smart pig’’). The Secretary may apply the standard to an
existing gas or hazardous liquid transmission facility and require the facility
to be changed to allow the facility to be inspected with an instrumented in-
ternal inspection device if the basic construction of the facility will accom-
modate the device.
(2) Not later than October 24, 1995, the Secretary shall prescribe regula-
tions requiring the periodic inspection of each pipeline the operator of the
pipeline identifies under section 60109 of this title. The regulations shall
include any circumstances under which an inspection shall be conducted
with an instrumented internal inspection device and, if the device is not re-
quired, use of an inspection method that is at least as effective as using
the device in providing for the safety of the pipeline.
(g) EFFECTIVE DATES.—A standard prescribed under this section and
section 60110 of this title is effective on the 30th day after the Secretary
prescribes the standard. However, the Secretary for good cause may pre-
scribe a different effective date when required because of the time reason-
ably necessary to comply with the standard. The different date must be
specified in the regulation prescribing the standard.
(h) SAFETY CONDITION REPORTS.—(1) The Secretary shall prescribe
regulations requiring each operator of a pipeline facility (except a master
meter) to submit to the Secretary a written report on any—
(A) condition that is a hazard to life, property, or the environment;
and
(B) safety-related condition that causes or has caused a significant
change or restriction in the operation of a pipeline facility.
(2) The Secretary must receive the report not later than 5 working days
after a representative of a person to which this section applies first estab-
lishes that the condition exists. Notice of the condition shall be given con-
currently to appropriate State authorities.
(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate carbon
dioxide transported by a hazardous liquid pipeline facility. The Secretary
shall prescribe regulations related to hazardous liquid to ensure the safe
transportation of carbon dioxide by such a facility.
(j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than Octo-
ber 24, 1994, the Secretary shall survey and assess the effectiveness of
emergency flow restricting devices (including remotely controlled valves and
check valves) and other procedures, systems, and equipment used to detect
and locate hazardous liquid pipeline ruptures and minimize product releases
from hazardous liquid pipeline facilities.
683
(2) Not later than 2 years after the survey and assessment are completed,
the Secretary shall prescribe regulations on the circumstances under which
an operator of a hazardous liquid pipeline facility must use an emergency
flow restricting device or other procedure, system, or equipment described
in paragraph (1) of this subsection on the facility.
(k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—The
Secretary may not provide an exception to this chapter for a hazardous liq-
uid pipeline facility only because the facility operates at low internal stress.
§ 60103. Standards for liquefied natural gas pipeline facili-
ties
(a) LOCATION STANDARDS.—The Secretary of Transportation shall pre-
scribe minimum safety standards for deciding on the location of a new lique-
fied natural gas pipeline facility. In prescribing a standard, the Secretary
shall consider the—
(1) kind and use of the facility;
(2) existing and projected population and demographic characteris-
tics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near
the location that can cope with a risk caused by the facility; and
(6) need to encourage remote siting.
(b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND TESTING
STANDARDS.—The Secretary of Transportation shall prescribe minimum
safety standards for designing, installing, constructing, initially inspecting,
and initially testing a new liquefied natural gas pipeline facility. When pre-
scribing a standard, the Secretary shall consider—
(1) the characteristics of material to be used in constructing the fa-
cility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or
converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative designs,
particularly the ability to prevent and contain a liquefied natural gas
spill.
(c) NONAPPLICATION.—(1) Except as provided in paragraph (2) of this
subsection, a design, location, installation, construction, initial inspection, or
initial testing standard prescribed under this chapter after March 1, 1978,
does not apply to an existing liquefied natural gas pipeline facility if the
standard is to be applied because of authority given—
(A) under this chapter; or
684
(B) under another law, and the standard is not prescribed at the
time the authority is applied.
(2)(A) Any design, installation, construction, initial inspection, or initial
testing standard prescribed under this chapter after March 1, 1978, may
provide that the standard applies to any part of a replacement component
of a liquefied natural gas pipeline facility if the component or part is placed
in service after the standard is prescribed and application of the standard—
(i) does not make the component or part incompatible with other
components or parts; or
(ii) is not impracticable otherwise.
(B) Any location standard prescribed under this chapter after March 1,
1978, does not apply to any part of a replacement component of an existing
liquefied natural gas pipeline facility.
(3) A design, installation, construction, initial inspection, or initial testing
standard does not apply to a liquefied natural gas pipeline facility existing
when the standard is adopted.
(d) OPERATION
AND MAINTENANCE STANDARDS.—The Secretary of
Transportation shall prescribe minimum operating and maintenance stand-
ards for a liquefied natural gas pipeline facility. In prescribing a standard,
the Secretary shall consider—
(1) the conditions, features, and type of equipment and structures
that make up or are used in connection with the facility;
(2) the fire prevention and containment equipment at the facility;
(3) security measures to prevent an intentional act that could cause
a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by this subsection;
and
(6) other factors and conditions related to the safe handling of lique-
fied natural gas.
(e) EFFECTIVE DATES.—A standard prescribed under this section is ef-
fective on the 30th day after the Secretary of Transportation prescribes the
standard. However, the Secretary for good cause may prescribe a different
effective date when required because of the time reasonably necessary to
comply with the standard. The different date must be specified in the regu-
lation prescribing the standard.
(f) CONTINGENCY PLANS.—A new liquefied natural gas pipeline facility
may be operated only after the operator submits an adequate contingency
plan that states the action to be taken if a liquefied natural gas accident
occurs. The Secretary of Energy or appropriate State or local authority
shall decide if the plan is adequate.
685
(g) EFFECT ON OTHER STANDARDS.—This section does not preclude ap-
plying a standard prescribed under section 60102 of this title to a gas pipe-
line facility (except a liquefied natural gas pipeline facility) associated with
a liquefied natural gas pipeline facility.
§ 60104. Requirements and limitations
(a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of Transpor-
tation shall give an interested person an opportunity to make oral and writ-
ten presentations of information, views, and arguments when prescribing a
standard under this chapter.
(b) NONAPPLICATION.—A design, installation, construction, initial inspec-
tion, or initial testing standard does not apply to a pipeline facility existing
when the standard is adopted.
(c) PREEMPTION.—A State authority that has submitted a current certifi-
cation under section 60105(a) of this title may adopt additional or more
stringent safety standards for intrastate pipeline facilities and intrastate
pipeline transportation only if those standards are compatible with the mini-
mum standards prescribed under this chapter. A State authority may not
adopt or continue in force safety standards for interstate pipeline facilities
or interstate pipeline transportation.
(d) CONSULTATION.—(1) When continuity of gas service is affected by
prescribing a standard or waiving compliance with standards under this
chapter, the Secretary of Transportation shall consult with and advise the
Federal Energy Regulatory Commission or a State authority having juris-
diction over the affected gas pipeline facility before prescribing the standard
or waiving compliance. The Secretary shall delay the effective date of the
standard or waiver until the Commission or State authority has a reason-
able opportunity to grant an authorization it considers necessary.
(2) In a proceeding under section 3 or 7 of the Natural Gas Act (15
U.S.C. 717b or 717f), each applicant for authority to import natural gas
or to establish, construct, operate, or extend a gas pipeline facility subject
to an applicable safety standard shall certify that it will design, install, in-
spect, test, construct, operate, replace, and maintain a gas pipeline facility
under those standards and plans for inspection and maintenance under sec-
tion 60108 of this title. The certification is binding on the Secretary of En-
ergy and the Commission except when an appropriate enforcement agency
has given timely written notice to the Commission that the applicant has
violated a standard prescribed under this chapter.
(e) LOCATION AND ROUTING OF FACILITIES.—This chapter does not au-
thorize the Secretary of Transportation to prescribe the location or routing
of a pipeline facility.
686
§ 60105. State certifications
(a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as provided in
this section and sections 60114 and 60121 of this title, the Secretary of
Transportation may not prescribe or enforce safety standards and practices
for an intrastate pipeline facility or intrastate pipeline transportation to the
extent that the safety standards and practices are regulated by a State au-
thority (including a municipality if the standards and practices apply to
intrastate gas pipeline transportation) that submits to the Secretary annu-
ally a certification for the facilities and transportation that complies with
subsections (b) and (c) of this section.
(b) CONTENTS.—Each certification submitted under subsection (a) of this
section shall state that the State authority—
(1) has regulatory jurisdiction over the standards and practices to
which the certification applies;
(2) has adopted, by the date of certification, each applicable stand-
ard prescribed under this chapter or, if a standard under this chapter
was prescribed not later than 120 days before certification, is taking
steps to adopt that standard;
(3) is enforcing each adopted standard through ways that include in-
spections conducted by State employees meeting the qualifications the
Secretary prescribes under section 60107(d)(1)(C) of this title;
(4) is encouraging and promoting programs designed to prevent
damage by demolition, excavation, tunneling, or construction activity to
the pipeline facilities to which the certification applies;
(5) may require record maintenance, reporting, and inspection sub-
stantially the same as provided under section 60117 of this title;
(6) may require that plans for inspection and maintenance under
section 60108(a) and (b) of this title be filed for approval; and
(7) may enforce safety standards of the authority under a law of the
State by injunctive relief and civil penalties substantially the same as
provided under sections 60120 and 60122(a)(1) and (b)–(f) of this
title.
(c) REPORTS.—(1) Each certification submitted under subsection (a) of
this section shall include a report that contains—
(A) the name and address of each person to whom the certification
applies that is subject to the safety jurisdiction of the State authority;
(B) each accident or incident reported during the prior 12 months
by that person involving a fatality, personal injury requiring hos-
pitalization, or property damage or loss of more than an amount the
Secretary establishes (even if the person sustaining the fatality, per-
sonal injury, or property damage or loss is not subject to the safety
687
jurisdiction of the authority), any other accident the authority consid-
ers significant, and a summary of the investigation by the authority of
the cause and circumstances surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection practices con-
ducted by the authority to enforce compliance with safety standards
prescribed under this chapter to which the certification applies, includ-
ing the number of inspections of pipeline facilities the authority made
during the prior 12 months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under sub-
section (a) of this section is only required to state information available at
the time of certification.
(d) APPLICATION.—A certification in effect under this section does not
apply to safety standards prescribed under this chapter after the date of
certification. This chapter applies to each applicable safety standard pre-
scribed after the date of certification until the State authority adopts the
standard and submits the appropriate certification to the Secretary under
subsection (a) of this section.
(e) MONITORING.—The Secretary may monitor a safety program estab-
lished under this section to ensure that the program complies with the cer-
tification. A State authority shall cooperate with the Secretary under this
subsection.
(f) REJECTIONS OF CERTIFICATION.—If after receiving a certification the
Secretary decides the State authority is not enforcing satisfactorily compli-
ance with applicable safety standards prescribed under this chapter, the
Secretary may reject the certification, assert United States Government ju-
risdiction, or take other appropriate action to achieve adequate enforcement.
The Secretary shall give the authority notice and an opportunity for a hear-
ing before taking final action under this subsection. When notice is given,
the burden of proof is on the authority to demonstrate that it is enforcing
satisfactorily compliance with the prescribed standards.
§ 60106. State agreements
(a) GENERAL AUTHORITY.—If the Secretary of Transportation does not
receive a certification under section 60105 of this title, the Secretary may
make an agreement with a State authority (including a municipality if the
agreement applies to intrastate gas pipeline transportation) authorizing it
to take necessary action. Each agreement shall—
(1) establish an adequate program for record maintenance, reporting,
and inspection designed to assist compliance with applicable safety
standards prescribed under this chapter; and
688
(2) prescribe procedures for approval of plans of inspection and
maintenance substantially the same as required under section 60108(a)
and (b) of this title.
(b) NOTIFICATION.—Each agreement shall require the State authority to
notify the Secretary promptly of a violation or probable violation of an ap-
plicable safety standard discovered as a result of action taken in carrying
out an agreement under this section.
(c) MONITORING.—The Secretary may monitor a safety program estab-
lished under this section to ensure that the program complies with the
agreement. A State authority shall cooperate with the Secretary under this
subsection.
(d) ENDING AGREEMENTS.—The Secretary may end an agreement made
under this section when the Secretary finds that the State authority has not
complied with any provision of the agreement. The Secretary shall give the
authority notice and an opportunity for a hearing before ending an agree-
ment. The finding and decision to end the agreement shall be published in
the Federal Register and may not become effective for at least 15 days after
the date of publication.
§ 60107. State grants
(a) GENERAL AUTHORITY.—If a State authority files an application not
later than September 30 of a calendar year, the Secretary of Transportation
shall pay not more than 50 percent of the cost of the personnel, equipment,
and activities the authority reasonably requires during the next calendar
year—
(1) to carry out a safety program under a certification under section
60105 of this title or an agreement under section 60106 of this title;
or
(2) to act as an agent of the Secretary on interstate gas pipeline
transmission facilities or interstate hazardous liquid pipeline facilities.
(b) PAYMENTS.—After notifying and consulting with a State authority,
the Secretary may withhold any part of a payment when the Secretary de-
cides that the authority is not carrying out satisfactorily a safety program
or not acting satisfactorily as an agent. The Secretary may pay an authority
under this section only when the authority ensures the Secretary that it will
provide the remaining costs of a safety program and that the total State
amount spent for a safety program (excluding grants of the United States
Government) will at least equal the average amount spent—
(1) for a gas safety program, for the fiscal years that ended June
30, 1967, and June 30, 1968; and
(2) for a hazardous liquid safety program, for the fiscal years that
ended September 30, 1978, and September 30, 1979.
689
(c) APPORTIONMENT AND METHOD OF PAYMENT.—The Secretary shall
apportion the amount appropriated to carry out this section among the
States. A payment may be made under this section in installments, in ad-
vance, or on a reimbursable basis.
(d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Secretary
may prescribe—
(A) the form of, and way of filing, an application under this section;
(B) reporting and fiscal procedures the Secretary considers necessary
to ensure the proper accounting of money of the Government; and
(C) qualifications for a State to meet to receive a payment under this
section, including qualifications for State employees who perform in-
spection activities under section 60105 or 60106 of this title.
(2) The qualifications prescribed under paragraph (1)(C) of this sub-
section may—
(A) consider the experience and training of the employee;
(B) order training or other requirements; and
(C) provide for approval of qualifications on a conditional basis until
specified requirements are met.
§ 60108. Inspection and maintenance
(a) PLANS.—(1) Each person transporting gas or hazardous liquid or
owning or operating an intrastate gas pipeline facility or hazardous liquid
pipeline facility shall carry out a current written plan (including any
changes) for inspection and maintenance of each facility used in the trans-
portation and owned or operated by the person. A copy of the plan shall
be kept at any office of the person the Secretary of Transportation consid-
ers appropriate. The Secretary also may require a person transporting gas
or hazardous liquid or owning or operating a pipeline facility subject to this
chapter to file a plan for inspection and maintenance for approval.
(2) If the Secretary or a State authority responsible for enforcing stand-
ards prescribed under this chapter decides that a plan required under para-
graph (1) of this subsection is inadequate for safe operation, the Secretary
or authority shall require the person to revise the plan. Revision may be
required only after giving notice and an opportunity for a hearing. A plan
required under paragraph (1) must be practicable and designed to meet the
need for pipeline safety and must include terms designed to enhance the
ability to discover safety-related conditions described in section 60102(h)(1)
of this title. In deciding on the adequacy of a plan, the Secretary or author-
ity shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipe-
line transportation or facility;
690
(C) the reasonableness of the plan; and
(D) the extent to which the plan will contribute to public safety and
the protection of the environment.
(3) A plan required under this subsection shall be made available to the
Secretary or State authority on request under section 60117 of this title.
(b) INSPECTION AND TESTING.—(1) The Secretary shall inspect and re-
quire appropriate testing of a pipeline facility subject to this chapter that
is not covered by a certification under section 60105 of this title or an
agreement under section 60106 of this title. The Secretary shall decide on
the frequency and type of inspection and testing under this subsection on
a case-by-case basis after considering the following:
(A) the location of the pipeline facility.
(B) the type, size, age, manufacturer, method of construction, and
condition of the pipeline facility.
(C) the nature and volume of material transported through the pipe-
line facility.
(D) the pressure at which that material is transported.
(E) climatic, geologic, and seismic characteristics (including soil
characteristics) and conditions of the area in which the pipeline facility
is located.
(F) existing and projected population and demographic characteris-
tics of the area in which the pipeline facility is located.
(G) for a hazardous liquid pipeline facility, the proximity of the area
in which the facility is located to an area that is unusually sensitive
to environmental damage.
(H) the frequency of leaks.
(I) other factors the Secretary decides are relevant to the safety of
pipeline facilities.
(2) To the extent and in amounts provided in advance in an appropriation
law, the Secretary shall decide on the frequency of inspection under para-
graph (1) of this subsection. However, an inspection must occur at least
once every 2 years. The Secretary may reduce the frequency of an inspec-
tion of a master meter system.
(3) Testing under this subsection shall use the most appropriate tech-
nology practicable.
(c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE WATERS.—(1)
In this subsection—
(A) ‘‘abandoned’’ means permanently removed from service.
(B) ‘‘pipeline facility’’ includes an underwater abandoned pipeline fa-
cility.
691
(C) if a pipeline facility has no operator, the most recent operator
of the facility is deemed to be the operator of the facility.
(2)(A) Not later than May 16, 1993, on the basis of experience with the
inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act
of 1968 or section 203(l )(1)(A) of the Hazardous Liquid Pipeline Safety
Act of 1979, as appropriate, and any other information available to the Sec-
retary, the Secretary shall establish a mandatory, systematic, and, where
appropriate, periodic inspection program of—
(i) all offshore pipeline facilities; and
(ii) any other pipeline facility crossing under, over, or through navi-
gable waters (as defined by the Secretary) if the Secretary decides that
the location of the facility in those navigable waters could pose a haz-
ard to navigation or public safety.
(B) In prescribing regulations to carry out subparagraph (A) of this para-
graph—
(i) the Secretary shall identify what is a hazard to navigation with
respect to an underwater abandoned pipeline facility; and
(ii) for an underwater pipeline facility abandoned after October 24,
1992, the Secretary shall include requirements that will lessen the po-
tential that the facility will pose a hazard to navigation and shall con-
sider the relationship between water depth and navigational safety and
factors relevant to the local marine environment.
(3)(A) The Secretary shall establish by regulation a program requiring
an operator of a pipeline facility described in paragraph (2) of this sub-
section to report a potential or existing navigational hazard involving that
pipeline facility to the Secretary through the appropriate Coast Guard of-
fice.
(B) The operator of a pipeline facility described in paragraph (2) of this
subsection that discovers any part of the pipeline facility that is a hazard
to navigation shall mark the location of the hazardous part with a Coast-
Guard-approved marine buoy or marker and immediately shall notify the
Secretary as provided by the Secretary under subparagraph (A) of this
paragraph. A marine buoy or marker used under this subparagraph is
deemed a pipeline sign or right-of-way marker under section 60123(c) of
this title.
(4)(A) The Secretary shall require by regulation that each pipeline facility
described in paragraph (2) of this subsection that is a hazard to navigation
is buried not later than 6 months after the date the condition of the facility
is reported to the Secretary. The Secretary may extend that 6-month period
for a reasonable period to ensure compliance with this paragraph.
692
(B) In prescribing regulations for subparagraph (A) of this paragraph for
an underwater pipeline facility abandoned after October 24, 1992, the Sec-
retary shall include requirements that will lessen the potential that the facil-
ity will pose a hazard to navigation and shall consider the relationship be-
tween water depth and navigational safety and factors relevant to the local
marine environment.
(5)(A) Not later than October 24, 1994, the Secretary shall establish
standards on what is an exposed offshore pipeline facility and what is a haz-
ard to navigation under this subsection.
(B) Not later than 6 months after the Secretary establishes standards
under subparagraph (A) of this paragraph, or October 24, 1995, whichever
occurs first, the operator of each offshore pipeline facility not described in
section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or sec-
tion 203(l )(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as
appropriate, shall inspect the facility and report to the Secretary on any
part of the facility that is exposed or is a hazard to navigation. This sub-
paragraph applies only to a facility that is between the high water mark
and the point at which the subsurface is under 15 feet of water, as meas-
ured from mean low water. An inspection that occurred after October 3,
1989, may be used for compliance with this subparagraph if the inspection
conforms to the requirements of this subparagraph.
(C) The Secretary may extend the time period specified in subparagraph
(B) of this paragraph for not more than 6 months if the operator of a facil-
ity satisfies the Secretary that the operator has made a good faith effort,
with reasonable diligence, but has been unable to comply by the end of that
period.
(6)(A) The operator of a pipeline facility abandoned after October 24,
1992, shall report the abandonment to the Secretary in a way that specifies
whether the facility has been abandoned properly according to applicable
United States Government and State requirements.
(B) Not later than October 24, 1995, the operator of a pipeline facility
abandoned before October 24, 1992, shall report to the Secretary reasonably
available information related to the facility, including information that a
third party possesses. The information shall include the location, size, date,
and method of abandonment, whether the facility has been abandoned prop-
erly under applicable law, and other relevant information the Secretary may
require. Not later than April 24, 1994, the Secretary shall specify how the
information shall be reported. The Secretary shall ensure that the Govern-
ment maintains the information in a way accessible to appropriate Govern-
ment agencies and State authorities.
693
(C) The Secretary shall request that a State authority having information
on a collision between a vessel and an underwater pipeline facility report
the information to the Secretary in a timely way and make a reasonable
effort to specify the location, date, and severity of the collision. Chapter 35
of title 44 does not apply to this subparagraph.
(7) The Secretary may not exempt from this chapter an offshore hazard-
ous liquid pipeline facility only because the pipeline facility transfers hazard-
ous liquid in an underwater pipeline between a vessel and an onshore facil-
ity.
(d) REPLACING CAST IRON GAS PIPELINES.—(1) The Secretary shall
publish a notice on the availability of industry guidelines, developed by the
Gas Piping Technology Committee, for replacing cast iron pipelines. Not
later than 2 years after the guidelines become available, the Secretary shall
conduct a survey of gas pipeline operators with cast iron pipe in their sys-
tems to establish—
(A) the extent to which each operator has adopted a plan for the
safe management and replacement of cast iron;
(B) the elements of the plan, including the anticipated rate of re-
placement; and
(C) the progress that has been made.
(2) Chapter 35 of title 44 does not apply to the conduct of the survey.
(3) This subsection does not prevent the Secretary from developing Gov-
ernment guidelines or regulations for cast iron gas pipelines as the Sec-
retary considers appropriate.
§ 60109. High-density population areas and environmentally
sensitive areas
(a) IDENTIFICATION REQUIREMENTS.—Not later than October 24, 1994,
the Secretary of Transportation shall prescribe regulations that—
(1) establish criteria for identifying—
(A) by operators of gas pipeline facilities, each gas pipeline fa-
cility (except a natural gas distribution line) located in a high-den-
sity population area; and
(B) by operators of hazardous liquid pipeline facilities and gath-
ering lines—
(i) each hazardous liquid pipeline facility, whether other-
wise subject to this chapter, that crosses a navigable water-
way (as the Secretary defines by regulation) or that is located
in an area described in the criteria as a high-density popu-
lation area; and
(ii) each hazardous liquid pipeline facility and gathering
line, whether otherwise subject to this chapter, located in an
694
area that the Secretary, in consultation with the Adminis-
trator of the Environmental Protection Agency, describes as
unusually sensitive to environmental damage if there is a haz-
ardous liquid pipeline accident; and
(2) provide that the identification be carried out through the inven-
tory required under section 60102(c) of this title.
(b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When describ-
ing an area that is unusually sensitive to environmental damage if there is
a hazardous liquid pipeline accident, the Secretary shall consider includ-
ing—
(1) earthquake zones and areas subject to landslides and other sub-
stantial ground movements;
(2) areas of likely ground water contamination if a hazardous liquid
pipeline facility ruptures;
(3) freshwater lakes, rivers, and waterways; and
(4) river deltas and other areas subject to soil erosion or subsidence
from flooding or other water action where a hazardous liquid pipeline
facility is likely to become exposed or undermined.
§ 60110. Excess flow valves
(a) APPLICATION.—This section applies only to—
(1) a natural gas distribution system installed after the effective date
of regulations prescribed under this section; and
(2) any other natural gas distribution system when repair to the sys-
tem requires replacing a part to accommodate installing excess flow
valves.
(b) INSTALLATION REQUIREMENTS
AND CONSIDERATIONS.—Not later
than April 24, 1994, the Secretary of Transportation shall prescribe regula-
tions on the circumstances under which an operator of a natural gas dis-
tribution system must install excess flow valves in the system. The Secretary
shall consider—
(1) the system design pressure;
(2) the system operating pressure;
(3) the types of customers to which the distribution system supplies
gas, including hospitals, schools, and commercial enterprises;
(4) the technical feasibility and cost of installing the valve;
(5) the public safety benefits of installing the valve;
(6) the location of customer meters; and
(7) other factors the Secretary considers relevant.
(c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October 24,
1994, the Secretary shall prescribe regulations requiring an operator of a
natural gas distribution system to notify in writing its customers having
695
lines in which excess flow valves are not required by law but can be installed
according to the standards prescribed under subsection (e) of this section,
of—
(A) the availability of excess flow valves for installation in the sys-
tem;
(B) safety benefits to be derived from installation; and
(C) costs associated with installation.
(2) The regulations shall provide that, except when installation is required
under subsection (b) of this section, excess flow valves shall be installed at
the request of the customer if the customer will pay all costs associated with
installation.
(d) REPORT.—If the Secretary decides under subsection (b) of this sec-
tion that there are no circumstances under which an operator must install
excess flow valves, the Secretary shall submit to Congress a report on the
reasons for the decision not later than 30 days after the decision is made.
(e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, the Sec-
retary shall develop standards for the performance of excess flow valves
used to protect lines in a natural gas distribution system. The standards
shall be incorporated into regulations the Secretary prescribes under this
section. All excess flow valves shall be installed according to the standards.
§ 60111. Financial responsibility for liquefied natural gas fa-
cilities
(a) NOTICE.—When the Secretary of Transportation believes that an op-
erator of a liquefied natural gas facility does not have adequate financial
responsibility for the facility, the Secretary may issue a notice to the opera-
tor about the inadequacy and the amount of financial responsibility the Sec-
retary considers adequate.
(b) HEARINGS.—An operator receiving a notice under subsection (a) of
this section may have a hearing on the record not later than 30 days after
receiving the notice. The operator may show why the Secretary should not
issue an order requiring the operator to demonstrate and maintain financial
responsibility in at least the amount the Secretary considers adequate.
(c) ORDERS.—After an opportunity for a hearing on the record, the Sec-
retary may issue the order if the Secretary decides it is justified in the pub-
lic interest.
§ 60112. Pipeline facilities hazardous to life and property
(a) GENERAL AUTHORITY.—After notice and an opportunity for a hear-
ing, the Secretary of Transportation may decide a pipeline facility is hazard-
ous if the Secretary decides the facility is—
(1) hazardous to life, property, or the environment; or
696
(2) constructed or operated, or a component of the facility is con-
structed or operated, with equipment, material, or a technique the Sec-
retary decides is hazardous to life, property, or the environment.
(b) CONSIDERATIONS.—In making a decision under subsection (a) of this
section, the Secretary shall consider, if relevant—
(1) the characteristics of the pipe and other equipment used in the
pipeline facility, including the age, manufacture, physical properties,
and method of manufacturing, constructing, or assembling the equip-
ment;
(2) the nature of the material the pipeline facility transports, the
corrosive and deteriorative qualities of the material, the sequence in
which the material are transported, and the pressure required for
transporting the material;
(3) the aspects of the area in which the pipeline facility is located,
including climatic and geologic conditions and soil characteristics;
(4) the proximity of the area in which the hazardous liquid pipeline
facility is located to environmentally sensitive areas;
(5) the population density and population and growth patterns of the
area in which the pipeline facility is located;
(6) any recommendation of the National Transportation Safety
Board made under another law; and
(7) other factors the Secretary considers appropriate.
(c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall provide,
to any appropriate official of a State in which a pipeline facility is located
and about which a proceeding has begun under this section, notice and an
opportunity to comment on an agreement the Secretary proposes to make
to resolve the proceeding. State comment shall incorporate comments of af-
fected local officials.
(d) CORRECTIVE ACTION ORDERS.—If the Secretary decides under sub-
section (a) of this section that a pipeline facility is hazardous, the Secretary
shall order the operator of the facility to take necessary corrective action.
(e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Secretary
may waive the requirements for notice and an opportunity for a hearing
under this section and issue expeditiously an order under this section if the
Secretary decides failure to issue the order expeditiously will result in likely
serious harm to life, property, or the environment. An order under this sub-
section shall provide an opportunity for a hearing as soon as practicable
after the order is issued.
§ 60113. Customer-owned natural gas service lines
(a) MAINTENANCE INFORMATION.—Not later than October 24, 1993, the
Secretary of Transportation shall prescribe regulations requiring an opera-
697
tor of a natural gas distribution pipeline that does not maintain customer-
owned natural gas service lines up to building walls to advise its customers
of—
(1) the requirements for maintaining those lines;
(2) any resources known to the operator that could assist customers
in carrying out the maintenance;
(3) information the operator has on operating and maintaining its
lines that could assist customers; and
(4) the potential hazards of not maintaining the lines.
(b) ACTIONS TO PROMOTE SAFETY.—Not later than one year after sub-
mitting the report required under section 115(b) of the Pipeline Safety Act
of 1992 (Public Law 102–508, 106 Stat. 3296), the Secretary, considering
the report and in cooperation and coordination with appropriate State and
local authorities, shall take appropriate action to promote the adoption of
measures to improve the safety of customer-owned natural gas service lines.
§ 60114. One-call notification systems
(a) MINIMUM REQUIREMENTS.—The Secretary of Transportation shall
prescribe regulations providing minimum requirements for establishing and
operating a one-call notification system for a State to adopt that will notify
an operator of a pipeline facility of activity in the vicinity of the facility that
could threaten the safety of the facility. The regulations shall include the
following:
(1) a requirement that the system apply to all areas of the State
containing underground pipeline facilities.
(2) a requirement that a person intending to engage in an activity
the Secretary decides could cause physical damage to an underground
facility must contact the appropriate system to establish if there are
underground facilities present in the area of the intended activity.
(3) a requirement that all operators of underground pipeline facilities
participate in an appropriate one-call notification system.
(4) qualifications for an operator of a facility, a private contractor,
or a State or local authority to operate a system.
(5) procedures for advertisement and notice of the availability of a
system.
(6) a requirement about the information to be provided by a person
contacting the system under clause (2) of this subsection.
(7) a requirement for the response of the operator of the system and
of the facility after they are contacted by an individual under this sub-
section.
(8) a requirement that each State decide whether the system will be
toll free.
698
(9) a requirement for sanctions substantially the same as provided
under sections 60120, 60122, and 60123 of this title.
(b) GRANTS.—The Secretary may make a grant to a State under this sec-
tion to develop and establish a one-call notification system consistent with
subsection (a) of this section.
(c) MARKING FACILITIES.—On notification by an operator of a damage
prevention program or by a person planning to carry out demolition, exca-
vation, tunneling, or construction in the vicinity of a pipeline facility, the
operator of the facility shall mark accurately, in a reasonable and timely
way, the location of the pipeline facilities in the vicinity of the demolition,
excavation, tunneling, or construction.
(d) APPORTIONMENT.—When apportioning the amount appropriated to
carry out section 60107 of this title among the States, the Secretary—
(1) shall consider whether a State has adopted or is seeking adoption
of a one-call notification system under this section; and
(2) shall withhold part of a payment under section 60107 of this title
when the Secretary decides a State has not adopted, or is not seeking
adoption of, a one-call notification system.
(e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre-
scribed under this section do not affect the liability established under a law
of the United States or a State for damage caused by an activity described
in subsection (a)(2) of this section.
§ 60115. Technical safety standards committees
(a) ORGANIZATION.—The Technical Pipeline Safety Standards Committee
and the Technical Hazardous Liquid Pipeline Safety Standards Committee
are committees in the Department of Transportation.
(b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safe-
ty Standards Committee is composed of 15 members appointed by the Sec-
retary of Transportation after consulting with public and private agencies
concerned with the technical aspect of transporting gas or operating a gas
pipeline facility. Each member must be experienced in the safety regulation
of transporting gas and of gas pipeline facilities or technically qualified, by
training, experience, or knowledge in at least one field of engineering appli-
cable to transporting gas or operating a gas pipeline facility, to evaluate gas
pipeline safety standards.
(2) The Technical Hazardous Liquid Pipeline Safety Standards Commit-
tee is composed of 15 members appointed by the Secretary after consulting
with public and private agencies concerned with the technical aspect of
transporting hazardous liquid or operating a hazardous liquid pipeline facil-
ity. Each member must be experienced in the safety regulation of transport-
ing hazardous liquid and of hazardous liquid pipeline facilities or technically
699
qualified, by training, experience, or knowledge in at least one field of engi-
neering applicable to transporting hazardous liquid or operating a hazardous
liquid pipeline facility, to evaluate hazardous liquid pipeline safety stand-
ards.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and instru-
mentalities of the United States Government and of the States.
(B) 4 individuals selected from the natural gas or hazardous liquid
industry, as appropriate, after consulting with industry representatives.
(C) 6 individuals selected from the general public.
(4)(A) Two of the individuals selected for each committee under para-
graph (3)(A) of this subsection must be State commissioners. The Secretary
shall consult with the national organization of State commissions (referred
to in section 10344(f) of this title) before selecting those 2 individuals.
(B) At least 3 of the individuals selected for each committee under para-
graph (3)(B) of this subsection must be currently in the active operation
of natural gas pipelines or hazardous liquid pipeline facilities, as appro-
priate.
(C) Two of the individuals selected for each committee under paragraph
(3)(C) of this subsection must have education, background, or experience in
environmental protection or public safety. At least one individual selected
for each committee under paragraph (3)(C) may not have a financial inter-
est in the pipeline, petroleum, or natural gas industries.
(c) COMMITTEE REPORTS
ON PROPOSED STANDARDS.—(1) The Sec-
retary shall give to—
(A) the Technical Pipeline Safety Standards Committee each stand-
ard proposed under this chapter for transporting gas and for gas pipe-
line facilities; and
(B) the Technical Hazardous Liquid Pipeline Safety Standards Com-
mittee each standard proposed under this chapter for transporting haz-
ardous liquid and for hazardous liquid pipeline facilities.
(2) Not later than 90 days after receiving the proposed standard, the ap-
propriate committee shall prepare a report on the technical feasibility, rea-
sonableness, and practicability of the proposed standard. The Secretary
shall publish each report, including minority views. The report if timely
made is part of the proceeding for prescribing the standard. The Secretary
is not bound by the conclusions of the committee. However, if the Secretary
rejects the conclusions of the committee, the Secretary shall publish the rea-
sons.
(3) The Secretary may prescribe a standard after the end of the 90-day
period.