49 U.S.C. § 44706: Airport operating certificates

that serves an air carrier operating aircraft designed for at least 31 passenger seats; that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and that the Administrator requires to have a certificate; operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used for landing, takeoff, or surface maneuvering of an aircraft; and friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary. The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection (a) of this section having less than .25 percent of the total number of passenger boardings each year at all airports described in subsection (a) when the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical. In developing the terms required by subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative that will provide comparable safety at airports described in subsections (a)(1) and (a)(2). Any regulation establishing the terms required by subsection (b) for airports covered by subsection (a)(2) shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days have elapsed following the date of such submission. Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport described in subsection (a). the capacity of all required aircraft rescue and firefighting equipment listed in the most recent FAA [Federal Aviation Administration]-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and twice the quantity carried onboard each required truck available in the fire station for the eligible airport. The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater generated during the cleaning of firefighting equipment and vehicles. The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent. The acquisition of any equipment, or components thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent. The replacement of any aircraft rescue and firefighting equipment determined necessary to be replaced by the Secretary. Of the amounts made available to carry out the PFAS replacement program, the Secretary [of Transportation] shall reserve up to $30,000,000 to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free firefighting foam for the replacement of aircraft rescue and firefighting vehicles. The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000. for each eligible airport, the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting vehicles that meet index requirements under part 139, in gallons; and for all eligible airports, the total amount of firefighting foam concentrate, in gallons. the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for approved fluorine-free firefighting foams. To be eligible for reimbursement under the program established under subsection (a), the sponsor of an eligible airport shall carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable Federal laws in effect at the time of obligation of a grant under this section. The Federal share of allowable costs under the PFAS replacement program shall be 100 percent. There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. The term ‘eligible airport’ means an airport holding an Airport Operating Certificate issued under part 139. The term ‘part 139’ means part 139 of title 14, Code of Federal Regulations. The term ‘PFAS replacement program’ means the program established under subsection (a).” The Administrator [of the Federal Aviation Administration] shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual maintains certification at the emergency medical technician basic level, or higher, at a small, medium, or large hub airport. Not later than 2 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at airports certified under part 139 of title 14, Code of Federal Regulations. Not later than 1 year after completing the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report containing the results of the review.”