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couraged to assess the airport’s energy requirements, includ-
ing heating and cooling, base load, back-up power, and 
power for on-road airport vehicles and ground support 
equipment, in order to identify opportunities to reduce 
harmful emissions and increase energy efficiency at the air-
port. 
‘‘(b) GRANTS.—The Secretary may make grants under 
section 48103 to assist airport sponsors that have completed 
the assessment described in subsection (a) to acquire or con-
struct equipment, including hydrogen equipment and re-
lated infrastructure, that will reduce harmful emissions and 
increase energy efficiency at the airport. To be eligible for 
such a grant, the sponsor of such an airport shall submit 
an application to the Secretary, at such time, in such man-
ner, and containing such information as the Secretary may 
require.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471 is amended by inserting after the item relat-
ing to section 47140 the following: 
‘‘47140A. Reduction of emissions from airport power sources’’. 
SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 
AIDES AND OTHER ASSETS. 
(a) SURVEY AND ASSESSMENT.— 
(1) IN GENERAL.—In order to address safety and 
operational concerns associated with the construction, 
alteration, establishment, or expansion of wind farms
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in proximity to critical FAA facilities, the Adminis-
trator shall, within 60 days after the date of enact-
ment of this Act, complete a survey and assessment of 
leases for critical FAA facility sites, including— 
(A) an inventory of the leases that describes, 
for each such lease— 
(i) the periodic cost, location, site, 
terms, number of years remaining, and les-
sor; 
(ii) other Administration facilities that 
share the leasehold, including surveillance 
and communications equipment; and 
(iii) the type of transmission services 
supported, including the terms of service, 
cost, and support contract obligations for 
the services; and 
(B) a list of those leases for facilities located 
in or near areas suitable for the construction 
and operation of wind farms, as determined by 
the Administrator in consultation with the Sec-
retary of Energy. 
(2) REPORT.—Upon completion of the survey 
and assessment, the Administrator shall submit a re-
port to the Senate Committee on Commerce, Science, 
and Transportation, the House of Representatives
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Committee on Transportation and Infrastructure, 
and the Comptroller General containing the Adminis-
trator’s findings, conclusions, and recommendations. 
(b) GAO ASSESSMENT.— 
(1) IN GENERAL.—Within 180 days after receiv-
ing the Administrator’s report under subsection 
(a)(2), the Comptroller General, in consultation with 
the Administrator, shall report on— 
(A) the current and potential impact of 
wind farms on the national airspace system; 
(B) the extent to which the Department of 
Defense and the Federal Aviation Administra-
tion have guidance, processes, and procedures in 
place to evaluate the impact of wind farms on 
the implementation of the Next Generation air 
traffic control system; and 
(C) potential mitigation strategies, if nec-
essary, to ensure that wind farms do not have an 
adverse impact on the implementation of the 
Next Generation air traffic control system, in-
cluding the installation of navigational aides as-
sociated with that system. 
(c) ISSUANCE
OF GUIDELINES; PUBLIC INFORMA-
TION.—
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(1) GUIDANCE.—Within 60 days after the Ad-
ministrator receives the Comptroller’s recommenda-
tions, the Administrator shall publish guidelines for 
the construction and operation of wind farms to be lo-
cated in proximity to critical Federal Aviation Ad-
ministration facilities. The guidelines may include— 
(A) the establishment of a zone system for 
wind farms based on proximity to critical FAA 
assets; 
(B) the establishment of turbine height and 
density limitations on such wind farms; 
(C) requirements for notice to the Adminis-
tration under section 44718(a) of title 49, 
United States Code, before the construction, al-
teration, establishment, or expansion of a such a 
wind farm; and 
(D) any other requirements or recommenda-
tions designed to address Administration safety 
or operational concerns related to the construc-
tion, alteration, establishment, or expansion of 
such wind farms. 
(2) PUBLIC ACCESS TO INFORMATION.—To the 
extent feasible, taking into consideration security, 
operational, and public safety concerns (as deter-
mined by the Administrator), the Administrator shall
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provide public access to information regarding the 
planning, construction, and operation of wind farms 
in proximity to critical FAA facilities on, or by link-
age from, the homepage of the Federal Aviation Ad-
ministration’s public website. 
(d) CONSULTATION WITH OTHER FEDERAL AGEN-
CIES.—In carrying out this section, the Administrator and 
the Comptroller General shall consult, as appropriate, with 
the Secretaries of the Army, the Navy, the Air Force, Home-
land Security, and Energy— 
(1) to coordinate the requirements of each de-
partment for future air space needs; 
(2) to determine what the acceptable risks are to 
the existing infrastructure of each department; and 
(3) to define the different levels of risk for such 
infrastructure. 
(e) REPORTS.—The Administrator and the Comp-
troller General shall provide a copy of reports under sub-
sections (a) and (b), respectively, to the Senate Committee 
on Homeland Security and Governmental Affairs, the Sen-
ate Committee on Armed Services, the House of Representa-
tives Committee on Homeland Security, the House of Rep-
resentatives Committee on Armed Services, and the House 
of Representatives Committee on Science and Technology, 
as appropriate.
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(f) DEFINITIONS.—In this section: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Aviation Administration. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(3) CRITICAL FAA FACILITIES.—The term ‘‘crit-
ical FAA facilities’’ means facilities on which are lo-
cated navigational aides, surveillance systems, or 
communications systems used by the Administration 
in administration of the national airspace system. 
(4) WIND FARM.—The term ‘‘wind farm’’ means 
an installation of 1 or more wind turbines used for 
the generation of electricity. 
SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT 
TO CLEAN AND MONITOR THE ENGINE AND 
APU BLEED AIR SUPPLIED ON PRESSURIZED 
AIRCRAFT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall, to the degree prac-
ticable, implement a research program for the identification 
or development of appropriate and effective air cleaning 
technology and sensor technology for the engine and auxil-
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(2) may appoint 3 additional staff to implement 
the programs of the airport concessions disadvantaged 
business enterprise initiative. 
SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 
(a) MARSHALL ISLANDS, FEDERATED STATES OF MI-
CRONESIA, AND PALAU.—Section 47115(j) is amended by 
striking ‘‘2009,’’ and inserting ‘‘2011,’’. 
(b) MIDWAY ISLAND AIRPORT.—Section 186(d) of the 
Vision 100—Century of Aviation Reauthorization Act (117 
Stat. 2518) is amended by striking ‘‘2009,’’ and inserting 
‘‘2011,’’. 
SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(s) is amended by striking paragraph 
(3). 
SEC. 706. UPDATE ON OVERFLIGHTS. 
(a) IN GENERAL.—Section 45301(b) is amended to 
read as follows: 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN
GENERAL.—In establishing fees under 
subsection (a), the Administrator shall ensure that the 
fees required by subsection (a) are reasonably related 
to the Administration’s costs, as determined by the 
Administrator, of providing the services rendered. 
Services for which costs may be recovered include the 
costs of air traffic control, navigation, weather serv-
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ices, training, and emergency services which are 
available to facilitate safe transportation over the 
United States, and other services provided by the Ad-
ministrator or by programs financed by the Adminis-
trator to flights that neither take off nor land in the 
United States. The determination of such costs by the 
Administrator is not subject to judicial review. 
‘‘(2) ADJUSTMENT OF FEES.—The Administrator 
shall adjust the overflight fees established by sub-
section (a)(1) by expedited rulemaking and begin col-
lections under the adjusted fees by October 1, 2010. In 
developing the adjusted overflight fees, the Adminis-
trator shall seek and consider the recommendations, if 
any, offered by the Aviation Rulemaking Committee 
for Overflight Fees that are intended to ensure that 
overflight fees are reasonably related to the Adminis-
trator’s costs of providing air traffic control and re-
lated services to overflights. In addition, the Adminis-
trator may periodically modify the fees established 
under this section either on the Administrator’s own 
initiative or on a recommendation from the Air Traf-
fic Control Modernization Board. 
‘‘(3) COST DATA.—The adjustment of overflight 
fees under paragraph (2) shall be based on the costs 
to the Administration of providing the air traffic con-
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trol and related activities, services, facilities, and 
equipment using the available data derived from the 
Administration’s cost accounting system and cost al-
location system to users, as well as budget and oper-
ational data. 
‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this sec-
tion shall require the Administrator to take into ac-
count aircraft altitude in establishing any fee for air-
craft operations in en route or oceanic airspace. 
‘‘(5) COSTS DEFINED.—In this subsection, the 
term ‘costs’ means those costs associated with the op-
eration, maintenance, debt service, and overhead ex-
penses of the services provided and the facilities and 
equipment used in such services, including the pro-
jected costs for the period during which the services 
will be provided. 
‘‘(6) PUBLICATION; COMMENT.—The Adminis-
trator shall publish in the Federal Register any fee 
schedule under this section, including any adjusted 
overflight fee schedule, and the associated collection 
process as a proposed rule, pursuant to which public 
comment will be sought and a final rule issued.’’. 
(b) ADMINISTRATIVE PROVISION.—Section 45303(c)(2) 
is amended to read as follows:
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‘‘(2) shall be available to the Administrator for 
expenditure for purposes authorized by Congress for 
the Federal Aviation Administration, however, fees es-
tablished by section 45301(a)(1) of this title shall be 
available only to pay the cost of activities and serv-
ices for which the fee is imposed, including the costs 
to determine, assess, review, and collect the fee; and’’. 
SEC. 707. TECHNICAL CORRECTIONS. 
Section 40122(g), as amended by section 307 of this 
Act, is further amended— 
(1) by striking ‘‘section 2302(b), relating to 
whistleblower protection,’’ in paragraph (2)(A) and 
inserting ‘‘sections 2301 and 2302,’’; 
(2) by striking ‘‘and’’ after the semicolon in 
paragraph (2)(H); 
(3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 
and inserting ‘‘Plan;’’; 
(4) by adding at the end of paragraph (2) the 
following: 
‘‘(J) section 5596, relating to back pay; and 
‘‘(K) sections 6381 through 6387, relating to 
Family and Medical Leave.’’; and 
(5) by adding at the end of paragraph (3) ‘‘Not-
withstanding any other provision of law, retroactive 
to April 1, 1996, the Board shall have the same reme-
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dial authority over such employee appeals that it had 
as of March 31, 1996.’’. 
SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study of the training of airway transpor-
tation systems specialists of the Federal Aviation Ad-
ministration that includes— 
(A) an analysis of the type of training pro-
vided to such specialists; 
(B) an analysis of the type of training that 
such specialists need to be proficient in the 
maintenance of the latest technologies; 
(C) actions that the Administration has un-
dertaken to ensure that such specialists receive 
up-to-date training on such technologies; 
(D) the amount and cost of training pro-
vided by vendors for such specialists; 
(E) the amount and cost of training pro-
vided by the Administration after developing in- 
house training courses for such specialists; 
(F) the amount and cost of travel required 
of such specialists in receiving training; and
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(G) a recommendation regarding the most 
cost-effective approach to providing such train-
ing. 
(2) REPORT.—Within 1 year after the date of 
enactment of this Act, the Comptroller General shall 
transmit a report on the study containing the Comp-
troller General’s findings and recommendations to the 
Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Com-
mittee on Transportation and Infrastructure. 
(b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall contract 
with the National Academy of Sciences to conduct a 
study of the assumptions and methods used by the 
Federal Aviation Administration to estimate staffing 
needs for Federal Aviation Administration air traffic 
controllers, system specialists, and engineers to ensure 
proper maintenance, certification, and operation of 
the National Airspace System. The National Academy 
of Sciences shall consult with the Exclusive Bar-
gaining Representative certified under section 7111 of 
title 5, United States Code, and the Administration 
(including the Civil Aeronautical Medical Institute)
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and examine data entailing human factors, traffic ac-
tivity, and the technology at each facility. 
(2) CONTENTS.—The study shall include— 
(A) recommendations for objective staffing 
standards that maintain the safety of the Na-
tional Airspace System; and 
(B) the approximate length of time for de-
veloping such standards. 
(3) REPORT.—Not later than 24 months after 
executing a contract under subsection (a), the Na-
tional Academy of Sciences shall transmit a report 
containing its findings and recommendations to the 
Congress. 
(c) AVIATION SAFETY INSPECTORS.— 
(1) SAFETY
STAFFING
MODEL.—Within 12 
months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administra-
tion shall develop a staffing model for aviation safety 
inspectors. In developing the model, the Adminis-
trator shall consult with representatives of the avia-
tion safety inspectors and other interested parties. 
(2) SAFETY INSPECTOR STAFFING.—The Federal 
Aviation Administration aviation safety inspector 
staffing requirement shall be no less than the staffing
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levels indicated as necessary in the staffing model de-
scribed under subsection (a). 
(d) ALASKA FLIGHT SERVICE STATIONS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Administrator, in conjunction with flight service station 
personnel, shall submit a report to Congress on the future 
of flight service stations in Alaska, which includes— 
(1) an analysis of the number of flight service 
specialists needed, the training needed by such per-
sonnel, and the need for a formal training and hiring 
program for such personnel; 
(2) a schedule for necessary inspection, upgrades, 
and modernization of stations and equipment; and 
(3) a description of the interaction between flight 
service stations operated by the Administration and 
flight service stations operated by contractors. 
SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA-
TIONAL PARKS. 
(a) SECRETARY OF THE INTERIOR AND OVERFLIGHTS 
OF NATIONAL PARKS.— 
(1) Section 40128 is amended— 
(A) by striking paragraph (8) of subsection 
(f); 
(B) by striking ‘‘Director’’ each place it ap-
pears and inserting ‘‘Secretary of the Interior’’;
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(C) by striking ‘‘National Park Service’’ in 
subsection (a)(2)(B)(vi) and inserting ‘‘Depart-
ment of the Interior’’; and 
(D) in subsection (b)— 
(i) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) by striking ‘‘, in co-
operation with’’ and inserting 
‘‘and’’; and 
(bb) by striking ‘‘The air 
tour’’ and all that follows; and 
(II) by redesignating subpara-
graph (B) as subparagraph (C); 
(III) by inserting after subpara-
graph (A) the following: 
‘‘(B) PROCESS AND APPROVAL.—The Fed-
eral Aviation Administration has sole authority 
to control airspace over the United States. The 
National Park Service has the sole responsibility 
for conserving the scenery and natural resources 
in National Parks and providing for the enjoy-
ment of the National Parks unimpaired for fu-
ture generations. Each air tour management 
plan shall be—
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‘‘(i) developed through a public process 
that complies with paragraph (4); and 
‘‘(ii) approved by the Administrator 
and the Director.’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(D) EXCEPTION.—An application to begin 
commercial air tour operations at Crater Lake 
National Park may be denied without the estab-
lishment of an air tour management plan by the 
Director of the National Park Service if the Di-
rector determines that such operations would un-
acceptably impact park resources or visitor expe-
riences.’’; and 
(ii) in paragraph (4)(C), by striking 
‘‘National Park Service’’ and inserting ‘‘De-
partment of the Interior’’. 
(2) The National Parks Air Tour Management 
Act of 2000 (49 U.S.C. 40128 note) is amended— 
(A) by striking ‘‘Director’’ in section 804(b) 
and inserting ‘‘Secretary of the Interior’’; 
(B) in section 805— 
(i) by striking ‘‘Director of the Na-
tional Park Service’’ in subsection (a) and 
inserting ‘‘Secretary of the Interior’’;
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(ii) by striking ‘‘Director’’ each place 
it appears and inserting ‘‘Secretary of the 
Interior’’; 
(iii) by striking ‘‘National Park Serv-
ice’’ each place it appears in subsection (b) 
and inserting ‘‘Department of the Interior’’; 
(iv) by striking ‘‘National Park Serv-
ice’’ in subsection (d)(2) and inserting ‘‘De-
partment of the Interior’’; and 
(C) in section 807— 
(i) by striking ‘‘National Park Serv-
ice’’ in subsection (a)(1) and inserting ‘‘De-
partment of the Interior’’; and 
(ii) by striking ‘‘Director of the Na-
tional Park Service’’ in subsection (b) and 
inserting ‘‘Secretary of the Interior’’. 
(b) ALLOWING OVERFLIGHTS
IN CASE
OF AGREE-
MENT.—Paragraph (1) of subsection (a) of section 40128 
is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B); 
(2) by striking ‘‘lands.’’ in subparagraph (C) 
and inserting ‘‘lands; and’’; and 
(3) by adding at the end the following:
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‘‘(D) in accordance with a voluntary agree-
ment between the commercial air tour operator 
and appropriate representatives of the national 
park or tribal lands, as the case may be.’’. 
(c) MODIFICATION OF INTERIM OPERATING AUTHOR-
ITY.—Section 40128(c)(2)(I) is amended to read as follows: 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental process, if— 
‘‘(i) adequate information on the exist-
ing and proposed operations of the commer-
cial air tour operator is provided to the Ad-
ministrator and the Secretary by the oper-
ator seeking operating authority; 
‘‘(ii) the Administrator determines that 
the modifications would not adversely affect 
aviation safety or the management of the 
national airspace system; and 
‘‘(iii) the Secretary agrees that the 
modifications would not adversely affect 
park resources and visitor experiences.’’. 
(d) REPORTING REQUIREMENTS
FOR COMMERCIAL 
AIR TOUR OPERATORS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and annually
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thereafter, each commercial air tour conducting com-
mercial air tour operations over a national park shall 
report to the Administrator of the Federal Aviation 
Administration and the Secretary of the Interior 
on— 
(A) the number of commercial air tour op-
erations conducted by such operator over the na-
tional park each day; 
(B) any relevant characteristics of commer-
cial air tour operations, including the routes, al-
titudes, duration, and time of day of flights; and 
(C) such other information as the Adminis-
trator and the Secretary may determine nec-
essary to administer the provisions of the Na-
tional Parks Air Tour Management Act of 2000 
(49 U.S.C. 40128 note). 
(2) FORMAT.—The report required by paragraph 
(1) shall be submitted in such form as the Adminis-
trator and the Secretary determine to be appropriate. 
(3) EFFECT OF FAILURE TO REPORT.—The Ad-
ministrator shall rescind the operating authority of a 
commercial air tour operator that fails to file a re-
port not later than 180 days after the date for the 
submittal of the report described in paragraph (1).
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(4) AUDIT OF REPORTS.—Not later than 2 years 
after the date of the enactment of this Act, and at 
such times thereafter as the Inspector General of the 
Department of Transportation determines necessary, 
the Inspector General shall audit the reports required 
by paragraph (1). 
(e) COLLECTION OF FEES FROM AIR TOUR OPER-
ATIONS.— 
(1) IN GENERAL.—The Secretary of the Interior 
shall assess a fee in an amount determined by the 
Secretary under paragraph (2) on a commercial air 
tour operator conducting commercial air tour oper-
ations over a national park. 
(2) AMOUNT
OF
FEE.—In determining the 
amount of the fee assessed under paragraph (1), the 
Secretary shall collect sufficient revenue, in the aggre-
gate, to pay for the expenses incurred by the Federal 
Government to develop air tour management plans 
for national parks. 
(3) EFFECT OF FAILURE TO PAY FEE.—The Ad-
ministrator of the Federal Aviation Administration 
shall revoke the operating authority of a commercial 
air tour operator conducting commercial air tour op-
erations over any national park, including the Grand 
Canyon National Park, that has not paid the fee as-
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sessed by the Secretary under paragraph (1) by the 
date that is 180 days after the date on which the Sec-
retary determines the fee shall be paid. 
(f) FUNDING FOR AIR TOUR MANAGEMENT PLANS.— 
The Secretary of the Interior shall use the amounts collected 
under subsection (e) to develop air tour management plans 
under section 40128(b) of title 49, United States Code, for 
the national parks the Secretary determines would most 
benefit from such a plan. 
(g) GUIDANCE TO DISTRICT OFFICES ON COMMERCIAL 
AIR TOUR OPERATORS.—The Administrator of the Federal 
Aviation Administration shall provide to the Administra-
tion’s district offices clear guidance on the ability of com-
mercial air tour operators to obtain— 
(1) increased safety certifications; 
(2) exemptions from regulations requiring safety 
certifications; and 
(3) other information regarding compliance with 
the requirements of this Act and other Federal and 
State laws and regulations. 
(h) OPERATING AUTHORITY
OF COMMERCIAL AIR 
TOUR OPERATORS.— 
(1) TRANSFER OF OPERATING AUTHORITY.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), a commercial air tour operator that obtains
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operating authority from the Administrator 
under section 40128 of title 49, United States 
Code, to conduct commercial air tour operations 
may transfer such authority to another commer-
cial air tour operator at any time. 
(B) NOTICE.—Not later than 30 days before 
the date on which a commercial air tour oper-
ator transfers operating authority under sub-
paragraph (A), the operator shall notify the Ad-
ministrator and the Secretary of the intent of the 
operator to transfer such authority. 
(C) REGULATIONS.—Not later than 180 
days after the date of the enactment of this Act, 
the Administrator shall prescribe regulations to 
allow transfers of operating authority described 
in subparagraph (A). 
(2) TIME FOR DETERMINATION REGARDING OP-
ERATING
AUTHORITY.—Notwithstanding any other 
provision of law, the Administrator shall determine 
whether to grant a commercial air tour operator oper-
ating authority under section 40128 of title 49, 
United States Code, not later than 180 days after the 
earlier of the date on which— 
(A) the operator submits an application; or
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(B) an air tour management plan is com-
pleted for the national park over which the oper-
ator seeks to conduct commercial air tour oper-
ations. 
(3) INCREASE IN INTERIM OPERATING AUTHOR-
ITY.—The Administrator and the Secretary may in-
crease the interim operating authority while an air 
tour management plan is being developed for a park 
if— 
(A) the Secretary determines that such an 
increase does not adversely impact park re-
sources or visitor experiences; and 
(B) the Administrator determines that 
granting interim operating authority does not 
adversely affect aviation safety or the manage-
ment of the national airspace system. 
(4) ENFORCEMENT OF OPERATING AUTHORITY.— 
The Administrator is authorized and directed to en-
force the requirements of this Act and any agency 
rules or regulations related to operating authority. 
SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT. 
(a) IN GENERAL.—Subchapter II of chapter 475 is 
amended by adding at the end the following:
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‘‘§ 47534. Prohibition on operating certain aircraft 
weighing 75,000 pounds or less not com-
plying with Stage 3 noise levels 
‘‘(a) PROHIBITION.—Except as provided in subsection 
(b), (c), or (d), a person may not operate a civil subsonic 
turbojet with a maximum weight of 75,000 pounds or less 
to or from an airport in the United States unless the Sec-
retary of Transportation finds that the aircraft complies 
with stage 3 noise levels. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
aircraft operated only outside the 48 contiguous States. 
‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 
airport where the airport operator has notified the Sec-
retary that it wants to continue to permit the operation 
of civil subsonic turbojets with a maximum weight of 75,000 
pounds or less that do not comply with stage 3 noise levels. 
The Secretary shall post the notices received under this sub-
section on its website or in another place easily accessible 
to the public. 
‘‘(d) LIMITATION.—The Secretary shall permit a per-
son to operate Stage 1 and Stage 2 aircraft with a max-
imum weight of 75,000 pounds or less to or from an airport 
in the contiguous 48 States in order— 
‘‘(1) to sell, lease, or use the aircraft outside the 
48 contiguous States; 
‘‘(2) to scrap the aircraft;
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‘‘(3) to obtain modifications to the aircraft to 
meet stage 3 noise levels; 
‘‘(4) to perform scheduled heavy maintenance or 
significant modifications on the aircraft at a mainte-
nance facility located in the contiguous 48 states; 
‘‘(5) to deliver the aircraft to an operator leasing 
the aircraft from the owner or return the aircraft to 
the lessor; 
‘‘(6) to prepare or park or store the aircraft in 
anticipation of any of the activities described in 
paragraphs (1) through (5); or 
‘‘(7) to divert the aircraft to an alternative air-
port in the 48 contiguous States on account of weath-
er, mechanical, fuel air traffic control or other safety 
reasons while conducting a flight in order to perform 
any of the activities described in paragraphs (1) 
through (6). 
‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the sec-
tion may be construed as interfering with, nullifying, or 
otherwise affecting determinations made by the Federal 
Aviation Administration, or to be made by the Administra-
tion, with respect to applications under part 161 of title 
14, Code of Federal Regulations, that were pending on the 
date of enactment of the Aircraft Noise Reduction Act of 
2006.’’.
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(b) CONFORMING AMENDMENTS.— 
(1) Section 47531 is amended by striking 
‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 
47534’’. 
(2) Section 47532 is amended by striking 
‘‘47528–47531’’ and inserting ‘‘47528 through 47531 
or 47534’’. 
(3) The table of contents for chapter 475 is 
amended by inserting after the item relating to sec-
tion 47533 the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 
not complying with Stage 3 noise levels’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 5 years after the date of enactment 
of this Act. 
SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 
On and after the date of the enactment of this Act, 
the Administrator of the Federal Aviation Administration 
is prohibited from taking actions designed to challenge or 
influence weight restrictions or prior permission rules at 
Teterboro Airport in Teterboro, New Jersey, except in an 
emergency. 
SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR-
PORT PROPERTIES. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Administrator of the Federal Avia-
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tion Administration shall establish a pilot program at up 
to 4 public-use airports for local airport operators that have 
submitted a noise compatibility program approved by the 
Federal Aviation Administration under section 47504 of 
title 49, United States Code, under which such airport oper-
ators may use funds made available under section 47117(e) 
of that title, or passenger facility revenue collected under 
section 40117 of that title, in partnership with affected 
neighboring local jurisdictions, to support joint planning, 
engineering design, and environmental permitting for the 
assembly and redevelopment of property purchased with 
noise mitigation funds or passenger facility charge funds, 
to encourage airport-compatible land uses and generate eco-
nomic benefits to the local airport authority and adjacent 
community. 
(b) 
NOISE
COMPATIBILITY
MEASURES.—Section 
47504(a)(2) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (D); 
(2) by striking ‘‘operations.’’ in subparagraph 
(E) and inserting ‘‘operations; and’’; and 
(3) by adding at the end the following: 
‘‘(F) joint comprehensive land use planning in-
cluding master plans, traffic studies, environmental 
evaluation and economic and feasibility studies, with
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neighboring local jurisdictions undertaking commu-
nity redevelopment in the area where the land or 
other property interest acquired by the airport oper-
ator pursuant to this subsection is located, to encour-
age and enhance redevelopment opportunities that re-
flect zoning and uses that will prevent the introduc-
tion of additional incompatible uses and enhance re-
development potential.’’. 
(c) GRANT REQUIREMENTS.—The Administrator may 
not make a grant under subsection (a) unless the grant is 
made— 
(1) to enable the airport operator and local juris-
dictions undertaking the community redevelopment 
effort to expedite redevelopment efforts; 
(2) subject to a requirement that the local juris-
diction governing the property interests in question 
has adopted zoning regulations that permit airport 
compatible redevelopment; and 
(3) subject to a requirement that, in determining 
the part of the proceeds from disposing of the land 
that is subject to repayment or reinvestment under 
section 47107(c)(2)(A) of title 49, United States Code, 
the total amount of the grant issued under this section 
shall be added to the amount of any grants issued for 
acquisition of land.
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(d) DEMONSTRATION GRANTS.— 
(1) IN GENERAL.—The Administrator shall pro-
vide grants for up to 4 pilot property redevelopment 
projects distributed geographically and targeted to 
airports that demonstrate— 
(A) a readiness to implement cooperative 
land use management and redevelopment plans 
with the adjacent community; and 
(B) the probability of clear economic benefit 
to the local community and financial return to 
the airport through the implementation of the re-
development plan. 
(2) FEDERAL SHARE.— 
(A) Notwithstanding any other provision of 
law, the Federal share of the allowable costs of a 
project carried out under the pilot program shall 
be 80 percent. 
(B) In determining the allowable costs, the 
Administrator shall deduct from the total costs of 
the activities described in subsection (a) that 
portion of the costs which is equal to that por-
tion of the total property to be redeveloped under 
this section that is not owned or to be acquired 
by the airport operator pursuant to the noise 
compatibility program or that is not owned by
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the affected neighboring local jurisdictions or 
other public entities. 
(3) 
MAXIMUM
AMOUNT.—Not 
more 
than 
$5,000,000 in funds made available under section 
47117(e) of title 49, United States Code, may be ex-
pended under the pilot program at any single public- 
use airport. 
(4) EXCEPTION.—Amounts paid to the Adminis-
trator under subsection (c)(3)— 
(A) shall be in addition to amounts author-
ized under section 48203 of title 49, United 
States Code; 
(B) shall not be subject to any limitation on 
grant obligations for any fiscal year; and 
(C) shall remain available until expended. 
(e) USE OF PASSENGER REVENUE.—An airport spon-
sor that owns or operates an airport participating in the 
pilot program may use passenger facility revenue collected 
under section 40117 of title 49, United States Code, to pay 
any project cost described in subsection (a) that is not fi-
nanced by a grant under the program. 
(f) SUNSET.—This section, other than the amendments 
made by subsections (b), shall not be in effect after Sep-
tember 30, 2011.
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(g) REPORT TO CONGRESS.—The Administrator shall 
report to Congress within 18 months after making the first 
grant under this section on the effectiveness of this program 
on returning part 150 lands to productive use. 
SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
amended by adding at the end thereof the following: 
‘‘§ 41724. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) SMALL
INSTRUMENTS
AS
CARRY-ON
BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a violin, guitar, or 
other musical instrument in the aircraft cabin with-
out charge if— 
‘‘(A) the instrument can be stowed safely in 
a suitable baggage compartment in the aircraft 
cabin or under a passenger seat; and 
‘‘(B) there is space for such stowage at the 
time the passenger boards the aircraft. 
‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a musical instru-
ment that is too large to meet the requirements of 
paragraph (1) in the aircraft cabin without charge 
if—
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‘‘(A) the instrument is contained in a case 
or covered so as to avoid injury to other pas-
sengers; 
‘‘(B) the weight of the instrument, including 
the case or covering, does not exceed 165 pounds; 
‘‘(C) the instrument can be secured by a 
seat belt to avoid shifting during flight; 
‘‘(D) the instrument does not restrict access 
to, or use of, any required emergency exit, reg-
ular exit, or aisle; 
‘‘(E) the instrument does not obscure any 
passenger’s view of any illuminated exit, warn-
ing, or other informational sign; 
‘‘(F) neither the instrument nor the case 
contains any object not otherwise permitted to be 
carried in an aircraft cabin because of a law or 
regulation of the United States; and 
‘‘(G) the passenger wishing to carry the in-
strument in the aircraft cabin has purchased an 
additional seat to accommodate the instrument. 
‘‘(3) LARGE
INSTRUMENTS
AS
CHECKED
BAG-
GAGE.—An air carrier shall transport as baggage, 
without charge, a musical instrument that is the 
property of a passenger traveling in air transpor-
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tation that may not be carried in the aircraft cabin 
if— 
‘‘(A) the sum of the length, width, and 
height measured in inches of the outside linear 
dimensions of the instrument (including the 
case) does not exceed 150 inches; and 
‘‘(B) the weight of the instrument does not 
exceed 165 pounds. 
‘‘(b) REGULATIONS.—The Secretary may prescribe 
such regulations as may be necessary or appropriate to im-
plement subsection (a).’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 417 is amended by inserting after the item relat-
ing to section 41723 the following: 
‘‘41724. Musical instruments’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 30 days after the date of enactment 
of this Act. 
SEC. 714. RECYCLING PLANS FOR AIRPORTS. 
(a) AIRPORT PLANNING.—Section 47102(5) is amend-
ed by striking ‘‘planning.’’ and inserting ‘‘planning and 
a plan for recycling and minimizing the generation of air-
port solid waste, consistent with applicable State and local 
recycling laws, including the cost of a waste audit.’’. 
(b) MASTER PLAN.—Section 47106(a) is amended— 
(1) by striking ‘‘and’’ in paragraph (4);
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(2) by striking ‘‘proposed.’’ in paragraph (5) 
and inserting ‘‘proposed; and’’; and 
(3) by adding at the end the following: 
‘‘(6) if the project is for an airport that has an 
airport master plan, the master plan addresses— 
‘‘(A) the feasibility of solid waste recycling 
at the airport; 
‘‘(B) minimizing the generation of solid 
waste at the airport; 
‘‘(C) operation and maintenance require-
ments; 
‘‘(D) the review of waste management con-
tracts; 
‘‘(E) the potential for cost savings or the 
generation of revenue; and 
‘‘(F) 
training 
and 
education 
require-
ments.’’. 
SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO-
GRAM ADJUSTMENTS. 
(a) PURPOSE.—It is the purpose of the airport dis-
advantaged business enterprise program (49 U.S.C. 
47107(e) and 47113) to ensure that minority- and women- 
owned businesses do not face barriers because of their race 
or gender and so that they have a fair opportunity to com-
pete in Federally assisted airport contracts and concessions.
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(b) FINDINGS.—The Congress finds the following: 
(1) While significant progress has occurred due 
to the enactment of the airport disadvantaged busi-
ness enterprise program (49 U.S.C. 47107(e) and 
47113), discrimination continues to be a barrier for 
minority- and women-owned businesses seeking to do 
business in airport-related markets. This continuing 
barrier merits the continuation of the airport dis-
advantaged business enterprise program. 
(2) The Congress has received recent evidence of 
discrimination from numerous sources, including con-
gressional hearings and roundtables, scientific reports, 
reports issued by public and private agencies, news 
stories, reports of discrimination by organizations 
and individuals, and discrimination lawsuits. This 
evidence also shows that race- and gender-neutral ef-
forts alone are insufficient to address the problem. 
(3) This evidence demonstrates that discrimina-
tion across the nation poses a barrier to full and fair 
participation in airport related businesses of women 
business owners and minority business owners in the 
racial groups detailed in parts 23 and 26 of title 49, 
Code of Federal Regulations, and has impacted firm 
development and many aspects of airport related 
business in the public and private markets.
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(4) This evidence provides a strong basis for the 
continuation of the airport disadvantaged business 
enterprise program and the airport concessions dis-
advantaged business enterprise program. 
(c) IN GENERAL.—Section 47107(e) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) MANDATORY TRAINING PROGRAM FOR 
AIRPORT CONCESSIONS.— 
‘‘(A) IN GENERAL.—Not later than one 
year after the date of enactment of the FAA 
Air 
Transportation 
Modernization 
and 
Safety Improvement Act, the Secretary shall 
establish a mandatory training program for 
persons described in subparagraph (C) on 
the certification of whether a small business 
concern in airport concessions qualifies as a 
small business concern owned and controlled 
by a socially and economically disadvan-
taged individual for purposes of paragraph 
(1). 
‘‘(B) IMPLEMENTATION.—The training 
program may be implemented by one or
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more private entities approved by the Sec-
retary. 
‘‘(C) PARTICIPANTS.—A person re-
ferred to in paragraph (1) is an official or 
agent of an airport owner or operator who 
is required to provide a written assurance 
under paragraph (1) that the airport owner 
or operator will meet the percentage goal of 
paragraph (1) or who is responsible for de-
termining whether or not a small business 
concern in airport concessions qualifies as a 
small business concern owned and controlled 
by a socially and economically disadvan-
taged individual for purposes of paragraph 
(1). 
‘‘(D) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Secretary such sums as may 
be necessary to carry out this paragraph.’’. 
(d) REPORT.—Not later than 24 months after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Senate Committee on Commerce, Science, and Trans-
portation, the House of Representatives Committee on 
Transportation and Infrastructure, and other appropriate 
committees of Congress on the results of the training pro-
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gram conducted under section 47107(e)(8) of title 49, 
United States Code, as added by subsection (a). 
(e) DISADVANTAGED BUSINESS ENTERPRISE PER-
SONAL NET WORTH CAP; BONDING REQUIREMENTS.—Sec-
tion 47113 is amended by adding at the end the following: 
‘‘(e) PERSONAL NET WORTH CAP.—Not later than 180 
days after the date of enactment of the FAA Air Transpor-
tation Modernization and Safety Improvement Act, the Sec-
retary shall issue final regulations to adjust the personal 
net worth cap used in determining whether an individual 
is economically disadvantaged for purposes of qualifying 
under the definition contained in subsection (a)(2) and 
under section 47107(e). The regulations shall correct for the 
impact of inflation since the Small Business Administra-
tion established the personal net worth cap at $750,000 in 
1989. 
‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 
‘‘(1) IN
GENERAL.—In calculating a business 
owner’s personal net worth, any funds held in a 
qualified retirement account owned by the business 
owner shall be excluded, subject to regulations to be 
issued by the Secretary. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of the FAA Air Transpor-
tation Modernization and Safety Improvement Act,
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the Secretary shall issue final regulations to imple-
ment paragraph (1), including consideration of ap-
propriate safeguards, such as a limit on the amount 
of such accounts, to prevent circumvention of personal 
net worth requirements. 
‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY 
BONDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a program to eliminate barriers to small business 
participation in airport-related contracts and conces-
sions by prohibiting excessive, unreasonable, or dis-
criminatory bonding requirements for any project 
funded under this chapter or using passenger facility 
revenues under section 40117. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of the FAA Air Transpor-
tation Modernization and Safety Improvement Act, 
the Secretary shall issue a final rule to establish the 
program under paragraph (1).’’. 
SEC. 716. FRONT LINE MANAGER STAFFING. 
(a) STUDY.—Not later than 45 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall initiate a study on front line 
manager staffing requirements in air traffic control facili-
ties.
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(b) CONSIDERATIONS.—In conducting the study, the 
Administrator may take into consideration— 
(1) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(2) coverage requirements in relation to traffic 
demand; 
(3) facility type; 
(4) complexity of traffic and managerial respon-
sibilities; 
(5) proficiency and training requirements; and 
(6) such other factors as the Administrator con-
siders appropriate. 
(c) 
DETERMINATIONS.—The 
Administrator 
shall 
transmit any determinations made as a result of the study 
to the Chief Operating Officer for the air traffic control sys-
tem. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the results 
of the study and a description of any determinations sub-
mitted to the Chief Operating Officer under subsection (c).
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SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AM-
BULANCE SERVICES. 
(a) IN GENERAL.— The Comptroller General shall con-
duct a study of the helicopter and fixed-wing air ambulance 
industry. The study shall include information, analysis, 
and recommendations pertinent to ensuring a safe air am-
bulance industry. 
(b) REQUIRED
INFORMATION.—In conducting the 
study, the Comptroller General shall obtain detailed infor-
mation on the following aspects of the air ambulance indus-
try: 
(1) A review of the industry, for part 135 certifi-
cate holders and indirect carriers providing helicopter 
and fixed-wing air ambulance services, including— 
(A) a listing of the number, size, and loca-
tion of helicopter and fixed-wing aircraft and 
their flight bases; 
(B) affiliations of certificate holders and in-
direct carriers with hospitals, governments, and 
other entities; 
(C) coordination of air ambulance services, 
with each other, State and local emergency med-
ical services systems, referring entities, and re-
ceiving hospitals; 
(D) nature of services contracts, sources of 
payment, financial relationships between certifi-
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cate holders and indirect carriers providing air 
ambulance services and referring entities, and 
costs of operations; and 
(E) a survey of business models for air am-
bulance operations, including expenses, structure, 
and sources of income. 
(2) Air ambulance request and dispatch prac-
tices, including the various types of protocols, models, 
training, certifications, and air medical communica-
tions centers relating to part 135 certificate holders 
and indirect carriers providing helicopter and fixed- 
wing air ambulance services, including— 
(A) the practices that emergency and med-
ical officials use to request an air ambulance; 
(B) information on whether economic or 
other nonmedical factors lead to air ambulance 
transport when it is not medically needed, ap-
propriate, or safe; and 
(C) the cause, occurrence, and extent of 
delays in air ambulance transport. 
(3) Economic and medical issues relating to the 
air ambulance industry, including— 
(A) licensing; 
(B) certificates of need;
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(C) public convenience and necessity re-
quirements; 
(D) assignment of geographic coverage 
areas; 
(E) accreditation requirements; 
(F) compliance with dispatch procedures; 
and 
(G) requirements for medical equipment 
and personnel onboard the aircraft. 
(4) Such other matters as the Comptroller Gen-
eral considers relevant to the purpose of the study. 
(c) ANALYSIS AND RECOMMENDATIONS.—Based on in-
formation obtained under subsection (b) and other informa-
tion the Comptroller General considers appropriate, the re-
port shall also include an analysis and specific rec-
ommendations, as appropriate, related to— 
(1) the relationship between State regulation and 
Federal preemption of rates, routes, and services of 
air ambulances; 
(2) the extent to which Federal law may impact 
existing State regulation of air ambulances and the 
potential effect of greater State regulation— 
(A) in the air ambulance industry, on the 
economic viability of air ambulance services, the 
availability and coordination of service, and
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costs of operations both in rural and highly pop-
ulated areas; 
(B) on the quality of patient care and out-
comes; and 
(C) on competition and safety; and 
(3) whether systemic or other problems exist on 
a statewide, regional, or national basis with the cur-
rent system governing air ambulances. 
(d) REPORT.—Not later than June 1, 2010, the Comp-
troller General shall submit a report to the Secretary of 
Transportation, the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representa-
tives Committee on Transportation and Infrastructure con-
taining the Government Accountability Office’s findings 
and recommendations regarding the study under this sec-
tion. 
(e) ADOPTION OF RECOMMENDED POLICY CHANGES.— 
Not later than 60 days after the date of receipt of the report 
under subsection (d), the Secretary shall issue a report to 
the Senate Committee on Commerce, Science, and Trans-
portation, and the House of Representatives Committee on 
Transportation and Infrastructure that— 
(1) specifies which, if any, policy changes rec-
ommended by the Comptroller General and any other
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policy changes with respect to air ambulances the 
Secretary will adopt and implement; and 
(2) includes recommendations for legislative 
change, if appropriate 
(f) PART 135 CERTIFICATE HOLDER DEFINED.—In 
this section, the term ‘‘part 135 certificate holder’’ means 
a person holding a certificate issued under part 135 of title 
14, Code of Federal Regulations. 
SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METRO-
POLITAN WASHINGTON AIRPORTS AUTHOR-
ITY. 
(a) IN GENERAL.—Section 49108 is repealed. 
(b) CONFORMING REPEAL.—The table of sections for 
chapter 491 is amended by striking the item relating to sec-
tion 49108. 
SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration, in consultation with other Federal agencies, 
shall submit a report to the Senate Committee on Com-
merce, Science, and Transportation, the House of Rep-
resentatives Committee on Science and Technology, and the 
House of Representatives Committee on Energy and Com-
merce that identifies—
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(1) the current and anticipated need over the 
next decade by civil aviation, including equipment 
manufacturers, for aeronautical mobile telemetry serv-
ices; and 
(2) the potential impact to the aerospace indus-
try of the introduction of a new radio service oper-
ating in the same spectrum allocated to the aero-
nautical mobile telemetry service. 
SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RE-
SOURCE MANAGEMENT TECHNIQUES. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on aviation in-
dustry best practices with regard to flightcrew member 
pairing, crew resource management techniques, and pilot 
commuting. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
a report to the House of Representatives Committee on 
Transportation and Infrastructure and the Senate Com-
mittee on Commerce, Science, and Transportation on the 
results of the study.
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SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 
REDUNDANT, OR OTHERWISE UNNECESSARY 
REPORTS; USE OF ELECTRONIC MEDIA FOR-
MAT. 
(a) CONSOLIDATION OR ELIMINATION OF REPORTS.— 
No later than 2 years after the date of enactment of this 
Act, and every 2 years thereafter, the Administrator of the 
Federal Aviation Administration shall submit a report to 
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure containing— 
(1) a list of obsolete, redundant, or otherwise un-
necessary reports the Administration is required by 
law to submit to the Congress or publish that the Ad-
ministrator recommends eliminating or consolidating 
with other reports; and 
(2) an estimate of the cost savings that would re-
sult from the elimination or consolidation of those re-
ports. 
(b) USE OF ELECTRONIC MEDIA FOR REPORTS.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, the Federal Aviation Administra-
tion— 
(A) may not publish any report required or 
authorized by law in printed format; and
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(B) shall publish any such report by post-
ing it on the Administration’s website in an eas-
ily accessible and downloadable electronic for-
mat. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to any report with respect to which the Administrator 
determines that— 
(A) its publication in printed format is es-
sential to the mission of the Federal Aviation 
Administration; or 
(B) its publication in accordance with the 
requirements of paragraph (1) would disclose 
matter— 
(i) described in section 552(b) of title 
5, United States Code; or 
(ii) the disclosure of which would have 
an adverse impact on aviation safety or se-
curity, as determined by the Administrator. 
SEC. 722. LINE CHECK EVALUATIONS. 
Section 44729(h) is amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraph (3) as para-
graph (2).
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SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAF-
FIC CONTROL TOWER. 
Not later than 90 days after the date of the enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall report to the Committee on Commerce, 
Science, and Transportation of the Senate, and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives, on the Federal Aviation Administra-
tion’s plan to staff the Newark Liberty Airport air traffic 
control tower at negotiated staffing levels within 1 year 
after such date of enactment. 
SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS 
IN COLD WEATHER STATES. 
The Administrator of the Federal Aviation Adminis-
tration shall, to the maximum extent practicable, schedule 
the Administrator’s review of construction projects so that 
projects to be carried out in States in which the weather 
during a typical calendar year prevents major construction 
projects from being carried out before May 1 are reviewed 
as early as possible. 
SEC. 725. AIR-RAIL CODESHARE STUDY. 
(a) CODESHARE STUDY.—Not later than 180 days 
after the date of the enactment of this Act, the GAO shall 
conduct a study of— 
(1) the current airline and intercity passenger 
rail codeshare arrangements;
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(2) the feasibility and costs to taxpayers and 
passengers of increasing intermodal connectivity of 
airline and intercity passenger rail facilities and sys-
tems to improve passenger travel. 
(b) CONSIDERATIONS.—The study shall consider— 
(1) the potential benefits to passengers and costs 
to taxpayers from the implementation of more inte-
grated scheduling between airlines and Amtrak or 
other intercity passenger rail carriers achieved 
through codesharing arrangements; 
(2) 
airport 
operations 
that 
can 
improve 
connectivity to intercity passenger rail facilities and 
stations. 
(c) REPORT.—Not later than 1 year after commencing 
the study required by subsection (a), the Comptroller shall 
submit the report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives. The report shall include any conclusions of the 
Comptroller resulting from the study. 
SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE 
NEW YORK/NEW JERSEY/PHILADELPHIA MET-
ROPOLITAN AREA AIRSPACE REDESIGN. 
Not later than 270 days after the date of the enactment 
of this Act and every 180 days thereafter until the comple-
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tion of the New York/New Jersey/Philadelphia Metropolitan 
Area Airspace Redesign, the Administrator of the Federal 
Aviation Administration shall, in conjunction with the 
Port Authority of New York and New Jersey and the Phila-
delphia International Airport— 
(1) monitor the air noise impacts of the New 
York/New Jersey/Philadelphia Metropolitan Area Air-
space Redesign; and 
(2) submit to Congress a report on the findings 
of the Administrator with respect to the monitoring 
described in paragraph (1). 
SEC. 727. STUDY ON AVIATION FUEL PRICES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study and report to 
Congress on the impact of increases in aviation fuel prices 
on the Airport and Airway Trust Fund and the aviation 
industry in general. The study shall include the impact of 
increases in aviation fuel prices on— 
(1) general aviation; 
(2) commercial passenger aviation; 
(3) piston aircraft purchase and use; 
(4) the aviation services industry, including re-
pair and maintenance services; 
(5) aviation manufacturing;
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(6) aviation exports; and 
(7) the use of small airport installations. 
(b) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 
In conducting the study required by subsection (a), the 
Comptroller General shall use the average aviation fuel 
price for fiscal year 2010 as a baseline and measure the 
impact of increases in aviation fuel prices that range from 
5 percent to 200 percent over the 2010 baseline. 
SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUP-
PLEMENTAL AIRPORT. 
(a) DEFINITIONS.—In this section: 
(1) COUNTY.—The term ‘‘County’’ means Clark 
County, Nevada. 
(2) PUBLIC
LAND.—The term ‘‘public land’’ 
means the land located at— 
(A) sec. 23 and sec. 26, T. 26 S., R. 59 E., 
Mount Diablo Meridian; 
(B) the NE 1⁄4 and the N 1⁄2 of the SE 1⁄4 
of sec. 6, T. 25 S., R. 59 E., Mount Diablo Me-
ridian, together with the SE 1⁄4 of sec. 31, T. 24 
S., R. 59 E., Mount Diablo Meridian; and 
(C) sec. 8, T. 26 S., R. 60 E., Mount Diablo 
Meridian. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
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(b) LAND CONVEYANCE.— 
(1) IN GENERAL.—As soon as practicable after 
the date described in paragraph (2), subject to valid 
existing rights, and notwithstanding the land use 
planning requirements of sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712, 1713), the Secretary shall convey to 
the County, without consideration, all right, title, and 
interest of the United States in and to the public 
land. 
(2) DATE
ON
WHICH
CONVEYANCE
MAY
BE 
MADE.—The Secretary shall not make the conveyance 
described in paragraph (1) until the later of the date 
on which the Administrator of the Federal Aviation 
Administration has— 
(A) approved an airport layout plan for an 
airport to be located in the Ivanpah Valley; and 
(B) with respect to the construction and op-
eration of an airport on the site conveyed to the 
County pursuant to section 2(a) of the Ivanpah 
Valley Airport Public Lands Transfer Act (Pub-
lic Law 106–362; 114 Stat. 1404), issued a 
record of decision after the preparation of an en-
vironmental impact statement or similar anal-
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ysis required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) WITHDRAWAL.—Subject to valid existing 
rights, the public land to be conveyed under para-
graph (1) is withdrawn from— 
(A) location, entry, and patent under the 
mining laws; and 
(B) operation of the mineral leasing and 
geothermal leasing laws. 
(4) USE.—The public land conveyed under para-
graph (1) shall be used for the development of flood 
mitigation infrastructure for the Southern Nevada 
Supplemental Airport. 
SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUN-
TEER PILOTS OPERATING CHARITABLE MED-
ICAL FLIGHTS. 
In administering part 61.113(c) of title 14, Code of 
Federal Regulations, the Administrator of the Federal Avia-
tion Administration shall allow an aircraft owner or air-
craft operator who has volunteered to provide transpor-
tation for an individual or individuals for medical pur-
poses to accept reimbursement to cover all or part of the 
fuel costs associated with the operation from a volunteer 
pilot organization.
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SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS 
OXIDE, OR OTHER OXIDIZING GASES. 
(a) IN GENERAL.—The transportation within Alaska 
of cylinders of compressed oxygen, nitrous oxide, or other 
oxidizing gases aboard aircraft shall be exempt from com-
pliance with the requirements, under sections 173.302(f)(3) 
and (f)(4) and 173.304(f)(3) and (f)(4) of the Pipeline and 
Hazardous Material Safety Administration’s regulations 
(49 C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and 
(f)(4)), that oxidizing gases transported aboard aircraft be 
enclosed in outer packaging capable of passing the flame 
penetration and resistance test and the thermal resistance 
test, without regard to the end use of the cylinders, if— 
(1) there is no other practical means of transpor-
tation for transporting the cylinders to their destina-
tion and transportation by ground or vessel is un-
available; and 
(2) the transportation meets the requirements of 
subsection (b). 
(b) EXEMPTION REQUIREMENTS.—Subsection (a) shall 
not apply to the transportation of cylinders of compressed 
oxygen, nitrous oxide, or other oxidizing gases aboard air-
craft unless the following requirements are met: 
(1) PACKAGING.—
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(A) SMALLER CYLINDERS.—Each cylinder 
with a capacity of not more than 116 cubic feet 
shall be— 
(i) fully covered with a fire or flame 
resistant blanket that is secured in place; 
and 
(ii) placed in a rigid outer packaging 
or an ATA 300 Category 1 shipping con-
tainer. 
(B) LARGER
CYLINDERS.—Each cylinder 
with a capacity of more than 116 cubic feet but 
not more than 281 cubic feet shall be— 
(i) secured within a frame; 
(ii) fully covered with a fire or flame 
resistant blanket that is secured in place; 
and 
(iii) fitted with a securely attached 
metal cap of sufficient strength to protect 
the valve from damage during transpor-
tation. 
(2) OPERATIONAL CONTROLS.— 
(A) STORAGE; ACCESS
TO
FIRE
EXTIN-
GUISHERS.—Unless the cylinders are stored in a 
Class C cargo compartment or its equivalent on 
the aircraft, crew members shall have access to
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the cylinders and at least 2 fire extinguishers 
shall be readily available for use by the crew 
members. 
(B) SHIPMENT
WITH
OTHER
HAZARDOUS 
MATERIALS.—The cylinders may not be trans-
ported in the same aircraft with other hazardous 
materials other than Division 2.2 materials with 
no subsidiary risk, Class 9 materials, and ORM– 
D materials. 
(3) AIRCRAFT REQUIREMENTS.— 
(A) AIRCRAFT
TYPE.—The transportation 
shall be provided only aboard a passenger-car-
rying aircraft or a cargo aircraft. 
(B) PASSENGER-CARRYING AIRCRAFT.— 
(i) SMALLER CYLINDERS ONLY.—A cyl-
inder with a capacity of more than 116 
cubic feet may not be transported aboard a 
passenger-carrying aircraft. 
(ii) MAXIMUM NUMBER.—Unless trans-
ported in a Class C cargo compartment or 
its equivalent, no more than 6 cylinders in 
each cargo compartment may be trans-
ported aboard a passenger-carrying air-
craft.
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(C) CARGO AIRCRAFT.—A cylinder may not 
be transported aboard a cargo aircraft unless it 
is transported in a Class B cargo compartment 
or a Class C cargo compartment or its equiva-
lent. 
(c) DEFINITIONS.—Terms used in this section shall 
have the meaning given those terms in parts 106, 107, and 
171 through 180 of the Pipeline and Hazardous Material 
Safety Administration’s regulations (49 C.F.R. parts 106, 
107, and 171–180). 
SEC. 731. TECHNICAL CORRECTION. 
Section 159(b)(2)(C) of title I of division A of the Con-
solidated Appropriations Act, 2010, is amended by striking 
clauses (i) and (ii) and inserting the following: 
‘‘(i) requiring inspections of any con-
tainer containing a firearm or ammuni-
tion; and 
‘‘(ii) the temporary suspension of fire-
arm carriage service if credible intelligence 
information indicates a threat related to the 
national rail system or specific routes or 
trains.’’.
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SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 
COMMERCIAL FLIGHTS. 
(a) PLAN DEVELOPMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Transportation and the Secretary of Commerce, in con-
sultation with interested representatives of the aviation in-
dustry and other relevant agencies, shall develop a plan and 
process to allow Federal agencies to fly scientific instru-
ments on commercial flights with airlines who volunteer, 
for the purpose of taking measurements to improve weather 
forecasting. 
TITLE VIII—AIRPORT AND AIR-
WAY 
TRUST 
FUND 
PROVI-
SIONS AND RELATED TAXES 
SEC. 800. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Internal Revenue Code of 1986. 
SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND 
AIRWAY TRUST FUND. 
(a) FUEL
TAXES.—Subparagraph (B) of section 
4081(d)(2) is amended by striking ‘‘March 31, 2010’’ and 
inserting ‘‘September 30, 2013’’. 
(b) TICKET TAXES.—
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(1) 
PERSONS.—Clause 
(ii) 
of 
section 
4261(j)(1)(A) is amended by striking ‘‘March 31, 
2010’’ and inserting ‘‘September 30, 2013’’. 
(2) 
PROPERTY.—Clause 
(ii) 
of 
section 
4271(d)(1)(A) is amended by striking ‘‘March 31, 
2010’’ and inserting ‘‘September 30, 2013’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2010. 
SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST 
FUND EXPENDITURE AUTHORITY. 
(a) IN GENERAL.—Paragraph (1) of section 9502(d) 
is amended— 
(1) by striking ‘‘April 1, 2010’’ in the matter 
preceding subparagraph (A) and inserting ‘‘October 
1, 2013’’, and 
(2) by striking the semicolon at the end of sub-
paragraph (A) and inserting ‘‘or the FAA Air Trans-
portation Modernization and Safety Improvement 
Act;’’. 
(b) CONFORMING AMENDMENT.—Paragraph (2) of sec-
tion 9502(e) is amended by striking ‘‘April 1, 2010’’ and 
inserting ‘‘October 1, 2013’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2010.
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SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE 
USED IN AVIATION. 
(a) RATE OF TAX ON AVIATION-GRADE KEROSENE.— 
(1) IN GENERAL.—Subparagraph (A) of section 
4081(a)(2) (relating to rates of tax) is amended by 
striking ‘‘and’’ at the end of clause (ii), by striking 
the period at the end of clause (iii) and inserting ‘‘, 
and’’, and by adding at the end the following new 
clause: 
‘‘(iv) in the case of aviation-grade ker-
osene, 35.9 cents per gallon.’’. 
(2) FUEL REMOVED DIRECTLY INTO FUEL TANK 
OF AIRPLANE USED IN NONCOMMERCIAL AVIATION.— 
Subparagraph (C) of section 4081(a)(2) is amended 
to read as follows: 
‘‘(C) TAXES
IMPOSED
ON
FUEL
USED
IN 
COMMERCIAL AVIATION.—In the case of aviation- 
grade kerosene which is removed from any refin-
ery or terminal directly into the fuel tank of an 
aircraft for use in commercial aviation by a per-
son registered for such use under section 4101, 
the rate of tax under subparagraph (A)(iv) shall 
be 4.3 cents per gallon.’’. 
(3) EXEMPTION FOR AVIATION-GRADE KEROSENE 
REMOVED INTO AN AIRCRAFT.—Subsection (e) of sec-
tion 4082 is amended—
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(A) by striking ‘‘kerosene’’ and inserting 
‘‘aviation-grade kerosene’’, 
(B) by striking ‘‘section 4081(a)(2)(A)(iii)’’ 
and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and 
(C) by striking ‘‘KEROSENE’’ in the heading 
and inserting ‘‘AVIATION-GRADE KEROSENE’’. 
(4) CONFORMING AMENDMENTS.— 
(A) Clause (iii) of section 4081(a)(2)(A) is 
amended by inserting ‘‘other than aviation-grade 
kerosene’’ after ‘‘kerosene’’. 
(B) The following provisions are each 
amended by striking ‘‘kerosene’’ and inserting 
‘‘aviation-grade kerosene’’: 
(i) Section 4081(a)(3)(A)(ii). 
(ii) Section 4081(a)(3)(A)(iv). 
(iii) Section 4081(a)(3)(D). 
(C) Section 4081(a)(3)(D) is amended— 
(i) by striking ‘‘paragraph (2)(C)(i)’’ 
in clause (i) and inserting ‘‘paragraph 
(2)(C)’’, and 
(ii) by striking ‘‘paragraph (2)(C)(ii)’’ 
in clause (ii) and inserting ‘‘paragraph 
(2)(A)(iv)’’. 
(D) Section 4081(a)(4) is amended—
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(i) in the heading by striking ‘‘KER-
OSENE’’ and inserting ‘‘AVIATION-GRADE 
KEROSENE’’, and 
(ii) by striking ‘‘paragraph (2)(C)(i)’’ 
and inserting ‘‘paragraph (2)(C)’’. 
(E) Section 4081(d)(2) is amended by strik-
ing 
‘‘(a)(2)(C)(ii)’’ 
and 
inserting 
‘‘(a)(2)(A)(iv)’’. 
(b) RETAIL TAX ON AVIATION FUEL.— 
(1) 
EXEMPTION
FOR
PREVIOUSLY
TAXED 
FUEL.—Paragraph (2) of section 4041(c) is amended 
by inserting ‘‘at the rate specified in subsection 
(a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 
(2) RATE
OF
TAX.—Paragraph (3) of section 
4041(c) is amended to read as follows: 
‘‘(3) RATE OF TAX.—The rate of tax imposed by 
this subsection shall be the rate of tax in effect under 
section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 
respect to any sale or use for commercial aviation).’’. 
(c) REFUNDS RELATING TO AVIATION-GRADE KER-
OSENE.— 
(1) KEROSENE
USED
IN
COMMERCIAL
AVIA-
TION.—Clause (ii) of section 6427(l)(4)(A) is amend-
ed by striking ‘‘specified in section 4041(c) or
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4081(a)(2)(A)(iii), as the case may be,’’ and inserting 
‘‘so imposed’’. 
(2) KEROSENE USED IN AVIATION.—Paragraph 
(4) of section 6427(l) is amended— 
(A) by striking subparagraph (B) and re-
designating subparagraph (C) as subparagraph 
(B), and 
(B) by amending subparagraph (B), as re-
designated by subparagraph (A), to read as fol-
lows: 
‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED 
VENDOR.—With respect to any kerosene used in 
aviation (other than kerosene to which para-
graph (6) applies), if the ultimate purchaser of 
such kerosene waives (at such time and in such 
form and manner as the Secretary shall pre-
scribe) the right to payment under paragraph 
(1) and assigns such right to the ultimate ven-
dor, then the Secretary shall pay (without inter-
est) the amount which would be paid under 
paragraph (1) to such ultimate vendor, but only 
if such ultimate vendor— 
‘‘(i) is registered under section 4101, 
and
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‘‘(ii) meets the requirements of sub-
paragraph (A), (B), or (D) of section 
6416(a)(1).’’. 
(3) AVIATION-GRADE
KEROSENE
NOT
USED
IN 
AVIATION.—Subsection (l) of section 6427 is amended 
by redesignating paragraph (5) as paragraph (6) and 
by inserting after paragraph (4) the following new 
paragraph: 
‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE 
NOT USED IN AVIATION.—If tax has been imposed 
under section 4081 at the rate specified in section 
4081(a)(2)(A)(iv) and the fuel is used other than in 
an aircraft, the Secretary shall pay (without interest) 
to the ultimate purchaser of such fuel an amount 
equal to the amount of tax imposed on such fuel re-
duced by the amount of tax that would be imposed 
under section 4041 if no tax under section 4081 had 
been imposed.’’. 
(4) CONFORMING AMENDMENTS.— 
(A) Section 4082(d)(2)(B) is amended by 
striking 
‘‘6427(l)(5)(B)’’ 
and 
inserting 
‘‘6427(l)(6)(B)’’. 
(B) Section 6427(i)(4) is amended— 
(i) by striking ‘‘(4)(C)’’ the first two 
places it occurs and inserting ‘‘(4)(B)’’, and
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(ii) by striking ‘‘, (l)(4)(C)(ii), and’’ 
and inserting ‘‘and’’. 
(C) The heading of section 6427(l) is 
amended by striking ‘‘DIESEL FUEL AND KER-
OSENE’’ and inserting ‘‘DIESEL FUEL, KER-
OSENE, AND AVIATION FUEL’’. 
(D) Section 6427(l)(1) is amended by strik-
ing ‘‘paragraph (4)(C)(i)’’ and inserting ‘‘para-
graph (4)(B)’’. 
(E) Section 6427(l)(4) is amended— 
(i) by striking ‘‘KEROSENE USED IN 
AVIATION’’ in the heading and inserting 
‘‘AVIATION-GRADE KEROSENE USED IN COM-
MERCIAL AVIATION’’, and 
(ii) in subparagraph (A)— 
(I) by striking ‘‘kerosene’’ and in-
serting ‘‘aviation-grade kerosene’’, 
(II) by striking ‘‘KEROSENE USED 
IN
COMMERCIAL
AVIATION’’ in the 
heading and inserting ‘‘IN GENERAL’’. 
(d) TRANSFERS TO THE AIRPORT AND AIRWAY TRUST 
FUND.— 
(1) IN GENERAL.—Subparagraph (C) of section 
9502(b)(1) is amended to read as follows:
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‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL OWN-
ERSHIP AIRCRAFT PROGRAMS.—No tax shall be imposed by 
this section or section 4271 on any air transportation pro-
vided before October 1, 2013, by an aircraft which is part 
of a fractional ownership aircraft program (as defined by 
section 4043(c)).’’. 
(d) EFFECTIVE DATES.— 
(1) SUBSECTION (a).—The amendments made by 
subsection (a) shall apply to fuel used after June 30, 
2010. 
(2) SUBSECTION (b).—The amendment made by 
subsection (b) shall apply to uses of aircraft after 
June 30, 2010. 
(3) SUBSECTION (c).—The amendments made by 
subsection (c) shall apply to taxable transportation 
provided after June 30, 2010. 
SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIR-
CRAFT ON NONESTABLISHED LINES. 
(a) IN GENERAL.—Section 4281 is amended to read 
as follows: 
‘‘SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR 
SIGHTSEEING. 
‘‘The taxes imposed by sections 4261 and 4271 shall 
not apply to transportation by an aircraft having a max-
imum certificated takeoff weight of 6,000 pounds or less at