49 U.S.C. § 47101: Policies

that the safe operation of the airport and airway system is the highest aviation priority; improve airport surface surveillance; and mitigate surface safety risks that are essential to ensuring the safe operation of the airport and airway system; that aviation facilities be constructed and operated to minimize current and projected noise impact on nearby communities; to give special emphasis to developing reliever airports; that appropriate provisions should be made to make the development and enhancement of cargo hub airports easier; to encourage the development of intermodal connections on airport property between aeronautical and other transportation modes and systems to serve air transportation passengers and cargo efficiently and effectively and promote economic development; that airport development projects under this subchapter provide for the protection and enhancement of natural resources and the quality of the environment of the United States; that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo traffic be undertaken to the maximum feasible extent so that safety and efficiency increase and delays decrease; to ensure that nonaviation usage of the navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system; are not in the public interest; should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have been tried; and should not discriminate unjustly between categories and classes of aircraft; that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying and improving additional joint-use facilities; that the airport improvement program should be administered to encourage projects that employ innovative technology (including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in the construction of airports and in the air transportation system (including the development and use of innovative concrete and other materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant to this subchapter; that airport fees, rates, and charges must be reasonable and may only be used for purposes not prohibited by this subchapter; and that airports should be as self-sustaining as possible under the circumstances existing at each particular airport and in establishing new fees, rates, and charges, and generating revenues from all sources, airport owners and operators should not seek to create revenue surpluses that exceed the amounts to be used for airport system purposes and for other purposes for which airport revenues may be spent under section 47107(b)(1) of this title , including reasonable reserves and other funds to facilitate financing and cover contingencies. It is a goal of the United States to develop a national intermodal transportation system that transports passengers and property in an efficient manner. The future economic direction of the United States depends on its ability to confront directly the enormous challenges of the global economy, declining productivity growth, energy vulnerability, air pollution, and the need to rebuild the infrastructure of the United States. United States leadership in the world economy, the expanding wealth of the United States, the competitiveness of the industry of the United States, the standard of living, and the quality of life are at stake. A national intermodal transportation system is a coordinated, flexible network of diverse but complementary forms of transportation that transports passengers and property in the most efficient manner. By reducing transportation costs, these intermodal systems will enhance the ability of the industry of the United States to compete in the global marketplace. All forms of transportation, including aviation and other transportation systems of the future, will be full partners in the effort to reduce energy consumption and air pollution while promoting economic development. An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and provides users with the most efficient means of transportation and with access to commercial centers, business locations, population centers, and the vast rural areas of the United States, as well as providing links to other forms of transportation and to intercity connections. Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum yield of United States resources. The United States transportation infrastructure must be reshaped to provide the economic underpinnings for the United States to compete in the 21st century global economy. The United States can no longer rely on the sheer size of its economy to dominate international economic rivals and must recognize fully that its economy is no longer a separate entity but is part of the global marketplace. The future economic prosperity of the United States depends on its ability to compete in an international marketplace that is teeming with competitors but in which a full one-quarter of the economic activity of the United States takes place. The United States must make a national commitment to rebuild its infrastructure through development of a national intermodal transportation system. The United States must provide the foundation for its industries to improve productivity and their ability to compete in the global economy with a system that will transport passengers and property in an efficient manner. It is in the public interest to recognize the effects of airport capacity expansion projects on aircraft noise. Efforts to increase capacity through any means can have an impact on surrounding communities. Noncompatible land uses around airports must be reduced and efforts to mitigate noise must be given a high priority. Each airport and airway program should be carried out consistently with section 40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair methods of competition in air transportation, maintain essential air transportation, and prevent unjust and discriminatory practices, including as the practices may be applied between categories and classes of aircraft. reliever airports; and heliports designated by the Secretary of Transportation to relieve congestion at commercial service airports by diverting aircraft passengers from fixed-wing aircraft to helicopter carriers. electronic or visual vertical guidance on each runway; grooving or friction treatment of each primary and secondary runway; distance-to-go signs for each primary and secondary runway; a precision approach system, a vertical visual guidance system, and a full approach light system for each primary runway; a nonprecision instrument approach for each secondary runway; runway end identifier lights on each runway that does not have an approach light system; a surface movement radar system at each category III airport; a taxiway lighting and sign system; runway edge lighting and marking; radar approach coverage for each airport terminal area; and runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways. Cooperate with State and local officials in developing airport plans and programs that are based on overall transportation needs. The airport plans and programs shall be developed in coordination with other transportation planning and considering comprehensive long-range land-use plans and overall social, economic, environmental (including long-term resilience from the impact of natural hazards and severe weather events), system performance, and energy conservation objectives. The process of developing airport plans and programs shall be continuing, cooperative, and comprehensive to the degree appropriate to the complexity of the transportation problems. foster effective coordination between aviation planning and metropolitan planning; include an evaluation of aviation needs within the context of multimodal planning; consider passenger convenience, airport ground access, and access to airport facilities; are integrated with metropolitan plans to ensure that airport development proposals include adequate consideration of land use and ground transportation access; and consider the impact of hazardous weather events on long-term operational resilience. Encourage metropolitan planning organizations, particularly in areas with populations greater than 200,000, to establish membership positions for airport operators. natural resources, including fish and wildlife; natural, scenic, and recreation assets; water and air quality; or another factor affecting the environment. may not restrict funding made available under chapter 471 of title 49, United States Code, from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway within Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards; that support economic development by expanding a runway to meet new demands; or that preserve the length of runways used by aircraft to deliver necessary cargo, including heating fuel and gasoline, for the community served by the airport; and shall, not later than 60 days after receiving a request for a runway rehabilitation or reconstruction project at an airport in Alaska, review each such request on a case-by-case basis.” Not later than 6 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall establish a council, to be known as the ‘Runway Safety Council’ (in this section referred to as the ‘Council’), to develop a systematic management strategy to address airport surface safety risks. The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance airport surface safety risk mitigation. Airport operators. Air carriers. Aircraft operators. Avionics manufacturers. Flight schools. The exclusive collective bargaining representative of aviation safety professionals for the FAA [Federal Aviation Administration] certified under section 7111 of title 5 , United States Code. The exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5 , United States Code. Other safety experts the Administrator determines appropriate. The Administrator may appoint members representing any other stakeholder organization that the Administrator determines appropriate to the Runway Safety Council. may provide airport surface surveillance capabilities at airports lacking such capabilities; may augment existing airport surface detection and surveillance system; or reduce the risk of collision on the runway with other aircraft or vehicles; calculate safe landing distances; and prompt actions to bring the aircraft to a safe stop. provide airport surface surveillance capabilities at airports lacking such capabilities; or augment existing airport surface detection and surveillance systems, such as Airport Surface Detection System—Model X or the Airport Surface Surveillance Capability; establish a timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by existing airport surface detection and surveillance systems, and implementing runway safety technologies at airports without airport surface detection and surveillance systems, as needed, to improve runway safety; enhance runway safety for transport airplanes that lack the capabilities of such technologies and systems, as appropriate; or augment existing onboard situational awareness runway traffic alerting and runway landing safety technologies installed on transport airplanes; and establish clear and quantifiable criteria relating to operational factors, including ground traffic and air traffic activity and the rate of runway and terminal airspace safety events (including runway incursions), that determine when the installation and deployment of an airport surface detection or surveillance system, or other runway safety system (including runway status lights), at an airport is required. all airports described in paragraph (2)(A); and all medium and large hub airports. Not later than 3 years after the date of enactment of this Act, the Administrator shall brief 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] on the progress of the deployment described in paragraph (3). Not later than 3 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems. The categorization of an airport. The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas. The availability of funding for the installation and maintenance of foreign object debris monitoring and detection systems. The impact of such systems on the airfield operations of an airport. The effectiveness of available foreign object debris monitoring and detection systems. Any other factors relevant to assessing the return on investment of foreign object debris monitoring and detection systems. In carrying out this subsection, the Administrator and the Council shall consult with manufacturers and suppliers of foreign object debris detection technology and any other relevant stakeholders. Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into appropriate arrangements with a federally funded research and development center to conduct a study of runway incursions, airport surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety. examine data relating to recurring runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight at airports to identify the underlying factors that caused such events; assess metrics used to identify when such events are increasing at an airport; assess available and developmental technologies, including and beyond such technologies considered in subsection (c), that may augment existing air traffic management capabilities of surface surveillance and terminal airspace equipment; future gaps in information exchange between aerospace stakeholders; and methods for meeting future near real-time information sharing needs; and examine airfield safety training programs used by airport tenants and other stakeholders operating on airfields of airports, including airfield familiarization training programs for employees, to assess scalability to handle future growth in airfield capacity and traffic. In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2). Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report on the findings of such study and any recommendations developed under paragraph (3). The terms ‘air carrier’ and ‘foreign air carrier’ have the meanings given such terms in section 40102 of title 49 , United States Code. designed to track surface movement of aircraft and vehicles; or capable of alerting air traffic controllers or flight crewmembers of a possible runway incursion, misaligned approach, or other safety event. The term ‘transport airplane’ means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight above 12,500 pounds or an all-cargo or combi derivative of such an airplane.” Beginning on the date that is 30 days after the date of enactment of this Act [ May 16, 2024 ], amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a covered contract with any entity on the list required under subsection (b). are owned, directed by, or subsidized in whole or in part by the People’s Republic of China; have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; own or control, are owned or controlled by, are under common ownership or control with, or are successors to an entity described in subparagraph (A); or have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with an entity described in subparagraph (A). not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and not less frequently than annually thereafter. The definitions in section 47102 of title 49 , United States Code, shall apply. The term ‘covered contract’ means a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.” Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall review and update the National Priority System prioritization formulas contained in FAA Order 5090.5 to account for the amendments to chapter 471 of title 49, United States Code, made by this Act [see Tables for classification]. Primary airports, including large, medium, small, and nonhub airports. Non-primary airports, including general aviation airports. Airport trade associations, including trade associations representing airport executives. State aviation officials, including associations representing such officials. Air carriers, including mainline, regional, and low-cost air carriers. Associations representing air carriers. In revising the formulas under subsection (a), the Secretary shall assign the highest priority to projects that increase or maintain the safety, efficiency, and capacity of the aviation system.” Not later than 3 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall revise the Airport Improvement Program Handbook (FAA [Federal Aviation Administration] Order 5100.38D) (in this section referred to as the ‘AIP Handbook’) to account for legislative changes to the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and to make such other changes as the Administrator determines necessary. Snow Removal Equipment Building size and configuration. Expansion of lease areas. Shared governmental use of airport equipment and facilities in remote locations. aircraft necessary to support critical health needs of a community; remote fuel deliveries; and firefighting response. The use of runway end identifier lights at airports in Alaska. In revising the AIP Handbook under subsection (a), the Administrator shall include updates to reflect whether a light emitting diode system is an appropriate replacement for any existing halogen system. Not later than 2 years after the date of enactment of this Act, the Administrator shall publish a draft revision of the AIP Handbook and make such draft available for public comment for a period of not less than 90 days. review all comments submitted during the public comment period described under paragraph (1); as the Administrator considers appropriate, incorporate changes based on such comments into the final revision of the Handbook; and provide a response to all significant comments. Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Administrator shall issue program guidance letters to provide for the interim implementation of amendments made by this Act to the Airport Improvement Program. Not later than 60 days after the date on which the Administrator identified reasonable exceptions under subsection (b), the Administrator, in consultation with the Regional Administrator of the FAA Alaskan Region, shall issue program guidance letters to provide for the interim application of such exceptions.” engaging in curb management practices, including determining and assigning curb designations and regulations; installing and maintaining upon any of the roadways or parts of roadways as many curb zones as necessary to aid in the regulation, control, and inspection of passenger loading and unloading; or enforcing curb zones using sensor, camera, automated license plate recognition, and software technologies and issuing citations by mail to the registered owner of the vehicle.” Subject to paragraph (2), in the case of a disputed change of airport sponsorship, the Administrator [of the Federal Aviation Administration] shall have the sole legal authority to approve any change in the sponsorship of, or operational responsibility for, the airport from the airport sponsor of record to another public or private entity. This section shall not apply to a change of sponsorship or ownership of a privately-owned airport, a transfer under the Airport Investment Partnership Program, a change when the Federal Government exercises a right of reverter, or a change that is not disputed. written documentation from the airport sponsor of record consenting to the change in sponsorship or operation; notice of a final, non-reviewable judicial decision requiring such change; or notice of a legally-binding agreement between the parties involved. The Administrator may not evaluate or approve a disputed change of airport sponsorship where a legal dispute is pending before a court of competent jurisdiction. technical assistance regarding the interrelationship between Federal and State or local requirements applicable to any such action; and review and comment on such action. The Administrator may deny a change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport if a State or local legislative body or public agency does not seek technical assistance under subparagraph (A) with respect to such change. In addition to the conditions outlined in subsection (b), the Administrator shall independently determine whether the proposed sponsor or operator is able to satisfy Federal requirements for airport sponsorship or operation and shall ensure, by requiring whatever terms and conditions the Administrator determines necessary, that any change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport is consistent with existing Federal law, regulations, existing grant assurances, and Federal land conveyance obligations. In this section, the term ‘disputed change of airport sponsorship’ means any action that seeks to change the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport, including any such change directed by judicial action or State or local legislative action, where the airport sponsor of record initially does not consent to such change.” the FAA [Federal Aviation Administration]; and subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively. In the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of such subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.” Existing FAA [Federal Aviation Administration] policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service. Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity. Whether Federal funding sources (existing as of the date of enactment of this Act) that are authorized by the Secretary [of Transportation] could be used for such purposes. Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this Act. If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap. Not later than 30 months after the date of enactment of this Act, 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 on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate. Not later than 3 years after the date of enactment of this Act, the Administrator shall, if appropriate, revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.” Subject to the availability of appropriations, the Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other appropriate Federal agencies, shall continue to carry out research and development activities relating to technologies and operations to enhance air traffic surface operations safety. Methods and technologies to enhance the safety and efficiency of air traffic control operations related to air traffic surface operations. Emerging technologies installed in aircraft cockpits to enhance ground situational awareness, including enhancements to the operational performance of runway traffic alerting and runway landing safety technologies. Safety enhancements and adjustments to air traffic surface operations to account for and enable safe operations of advanced aviation technology. Not later than 18 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report on the research and development activities carried out under this section, including regarding the transition into operational use of such activities.” [Reserved]. [Reserved]. Nothing in this section [enacting this note and amending section 47107 of this title ] shall be construed to affect the applicability of sections [sic] 47107(b) or 47133 of title 49, United States Code, to revenues generated by the use, lease, encumbrance, transfer, or disposal of land under subsection (a), facilities upon such land, or any portion of such land or facilities.” includes measures for cost-effective completion of such project; and would not negatively affect the safety or efficiency of the national airspace system.” Not later than 6 months after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator of the Federal Aviation Administration shall develop and submit to Congress a report containing a strategic runway safety plan. goals to improve runway safety; near- and long-term actions designed to reduce the severity, number, and rate of runway incursions, losses of standard separation, and operational errors; time frames and resources needed for the actions described in clause (ii); a continuous evaluative process to track performance toward the goals referred to in clause (i); and a review with respect to runway safety of every commercial service airport (as defined in section 47102 of title 49 , United States Code) in the United States and proposed action to improve airport lighting, provide better signs, and improve runway and taxiway markings at those airports; and shall address the increased runway safety risk associated with the expected increased volume of air traffic. identifying who is responsible for tracking operational errors, losses of standard separation, and runway incursions, including a process for lower level employees to report to higher supervisory levels and for frontline managers to receive the information in a timely manner; conducting periodic random audits of the oversight process; and ensuring proper accountability. Not later than June 30, 2012 , the Administrator shall submit to Congress a report containing a plan for the installation and deployment of systems to alert air traffic controllers or flight crewmembers, or both, of potential runway incursions. The plan shall be integrated into the annual NextGen Implementation Plan of the Administration or any successor document.”