Chapter 471, Subchapter I, Section 47124, Subsection (b) · 49 U.S.C. Chapter 471

Contents

(b)

(1)

(A)The Secretary shall continue the low activity (Visual Flight Rules) level I air traffic control tower contract program established under subsection (a) of this section for towers existing on December 30, 1987, and extend the program to other towers as practicable.

(B)If the Secretary determines that a tower already operating under the Contract Tower Program has a benefit-to-cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit—

(i)for the 1-year period after such determination is made; or

(ii)if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D).

(C)If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the Cost-share Program.

(2)

(A)The Secretary may make a contract with a qualified entity (as determined by the Secretary) or, on a sole source basis, with a State or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the entity, State, or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the entity, State, or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.

(B)In the case of a contract entered into on or after the date of enactment of this subparagraph to operate an airport traffic control tower at a small or medium hub airport, the contract shall require the Secretary, after coordination with the airport sponsor and the entity, State, or subdivision, and not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, to provide funding sufficient for the cost of wages and benefits of at least 2 air traffic controllers for each tower operating shift.

(3)

(A)The Secretary shall establish a program to contract for air traffic control services at nonapproach control towers, as defined by the Secretary, that do not qualify for the Contract Tower Program.

(B)In carrying out the Cost-share Program, the Secretary shall—

(i)utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and

(ii)approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower or a remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration, as required for eligibility under the Contract Tower Program.

(C)In selecting facilities to participate in the Cost-share Program, the Secretary shall give priority to the following facilities:

(i)Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0.

(ii)Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50.

(iii)Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981.

(iv)Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter.

(v)Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs.

(vi)Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.

(vii)Air traffic control towers located at an airport at which the community has been operating the tower at its own expense.

(viii)Air traffic control towers at airports with safety or operational problems related to the lack of an existing tower.

(ix)Air traffic control towers at airports with projected commercial and military increases in aircraft or flight operations.

(x)Air traffic control towers at airports with a variety of aircraft operations, including a variety of commercial and military flight operations.

(D)If the costs of operating an air traffic tower under the Cost-share Program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit, with the maximum allowable local cost share capped at 20 percent. Airports with air service provided under part 121 of title 14, Code of Federal Regulations, and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost-share requirement under this paragraph.

(E)Of the amounts appropriated pursuant to section 106(k)(1), not more than $10,350,000 for each of fiscal years 2012 through 2018 may be used to carry out this paragraph.

(F)If the Secretary finds that all or part of an amount made available under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the Contract Tower Program.

(G)Not later than 90 days after receiving an application to the Contract Tower Program, the Secretary shall calculate a benefit-to-cost ratio (as described in subsection (d)) for the applicable air traffic control tower for purposes of selecting towers for participation in the Contract Tower Program.

(H)The Secretary shall provide airport sponsors acting in good faith 7 years to complete an operational readiness inspection after receiving a benefit-to-cost ratio of air traffic control services for an airport.

(4)

(A)The Secretary may provide grants to a sponsor of—

(i)a primary airport—

(I)from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;

(II)from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and

(III)from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996, including remote air traffic control tower equipment certified by the Federal Aviation Administration or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration; and

(ii)a public-use airport that is not a primary airport—

(I)from amounts made available under subsections (c) and (d) of section 47114 for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;

(II)from amounts made available under sections 47114(c) and 47114(d)(2)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and

(III)from amounts made available under sections 47114(c) and 47114(d)(2)(A) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996, including remote air traffic control tower equipment certified by the Federal Aviation Administration or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration.

(B)An airport sponsor shall be eligible for a grant under this paragraph only if—

(i)

(I)the sponsor is a participant in the Federal Aviation Administration Contract Tower Program or the Cost-share Program; or

(II)construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program;

(ii)the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph;

(iii)the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration’s cost of the contract to operate the tower to be constructed under this paragraph;

(iv)the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and

(v)in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2)(B), the Secretary certifies that—

(I)the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and

(II)the selection of the tower for funding is based on objective criteria.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 76

Show every defined term

Administration
means the Federal Aviation Administration.
Administrator
means the Administrator of the Federal Aviation Administration.
Afghanistan-Iraq war veteran
means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces in support of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contingency operation to such operations for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, Operation Freedom’s Sentinel, or any successor contingency operation to such operations (whichever is later), and who was discharged or released from active duty in the armed forces under honorable conditions.
air carrier
has the meaning given such term in section 40102.
airport capacity enhancement project
means—
airport development
means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
airport hazard
means a structure or object of natural growth located on or near a public-use airport, or a use of land near the airport, that obstructs or otherwise is hazardous to the landing or taking off of aircraft at or from the airport.
airport planning
means planning as defined by requirements the Secretary prescribes and includes—
airport sponsor
has the meaning given the term “sponsor” under section 47102.
amount newly made available
means the amount authorized for grants under section 48103 as that amount may be limited in that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or amounts covered by section 47107(f).
amount subject to apportionment
means the amount newly made available under section 48103 of this title for a fiscal year.
applicable individual
means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.
applicable small hub airport
means an airport designated as a small hub airport during—
area
includes land and water.
aviation safety project
means an aviation project that—
center for independent living
has the meaning given such term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
commercial service airport
means a public airport in a State that the Secretary determines has at least 2,500 passenger boardings each year and is receiving scheduled passenger aircraft service.
congested airport
means an airport that accounted for at least 1 percent of all delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration’s Airport Capacity Benchmark Report 2004 or any successor report.
contract tower
means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.
Contract Tower Program
means the level I air traffic control tower contract program established under subsection (a) and continued under subsection (b)(1).
Cost-share Program
means the cost-share program established under subsection (b)(3).
covered aircraft
means an aircraft—
covered airport
means a commercial service airport—
covered equipment
means aqueous film forming foam input-based testing equipment that is eligible for Airport Improvement Program funding based on Federal Aviation Administration PGL 21–01, titled “Extension of Eligibility for stand-alone acquisition of input-based testing equipment and truck modification”, dated October 5, 2021 (or any other successor program guidance letter).
covered flight record
means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.
covered lease
means a lease—
covered project delivery contract
means—
disability
has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
disability advisory committee
means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports.
disabled veteran
has the same meaning given that term in section 2108 of title 5.
eligible sponsor
means a nonprofit corporation composed of a consortium of public and private persons, including a sponsor of a primary airport, with the necessary engineering and technical expertise to successfully conduct the testing and evaluation of airport and aircraft related security systems.
eligible zero-emission vehicle and equipment
means a zero-emission vehicle, equipment related to such a vehicle, or ground support equipment that includes zero-emission technology that is—
environmental assessment
has the meaning given such term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
environmental impact statement
means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Federal agency
means a department or agency of the United States Government.
fee
means any rate, rental charge, landing fee, or other service charge for the use of airport facilities.
general aviation airport
means a public-use airport that is located in a State and that, as determined by the Secretary—
general aviation airport construction or improvement project
means—
Indian tribal government
has the same meaning given that term in section 102 of the Robert T.
integrated airport system planning
means developing for planning purposes information and guidance to decide the extent, kind, location, and timing of airport development needed in a specific area to establish a viable, balanced, and integrated system of public-use airports, including—
joint use airport
means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.
lactation area
means a room or similar accommodation that—
landed weight
means the weight of aircraft transporting passengers or cargo, or both, in intrastate, interstate, and foreign air transportation, as the Secretary determines under regulations the Secretary prescribes.
large hub airport
means a commercial service airport that has at least 1.0 percent of the passenger boardings.
low-emission technology
means technology for vehicles and equipment whose emission performance is the best achievable under emission standards established by the Environmental Protection Agency and that relies exclusively on alternative fuels that are substantially nonpetroleum based, as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles.
medium hub airport
means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.
non-movement area
means the portion of the airfield surface that is not under the control of air traffic control.
non-movement area surveillance surface display systems and sensors
means a non-Federal surveillance system that uses on-airport sensors that track vehicles or aircraft that are equipped with transponders in the non-movement area.
nonhub airport
means a commercial service airport that has less than 0.05 percent of the passenger boardings.
Persian Gulf veteran
means an individual who served on active duty in the armed forces in the Southwest Asia theater of operations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable conditions.
population
means the population stated in the latest decennial census of the United States.
primary airport
means a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year.
project
means a project, separate projects included in one project grant application, or all projects to be undertaken at an airport in a fiscal year, to achieve airport development or airport planning.
project cost
means a cost involved in carrying out a project.
project grant
means a grant of money the Secretary makes to a sponsor to carry out at least one project.
proposed action
means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.
protection and advocacy system
means a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
public agency
means—
public airport
means an airport used or intended to be used for public purposes—
public-use airport
means—
qualified HUBZone small business concern
has the meaning given that term in section 31(b) of the Small Business Act.
qualifying non-movement area surveillance surface display system and sensors
means a non-movement area surveillance surface display system that—
reliever airport
means an airport the Secretary designates to relieve congestion at a commercial service airport and to provide more general aviation access to the overall community.
removable power source
means a power source that is separately installed in, and removable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-capacitor, or other power source used in a zero-emission vehicle.
reporting period
means the fiscal year prior to the fiscal year in which a report is issued under subsection (a).
revenue producing aeronautical support facilities
means fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.
small hub airport
means a commercial service airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.
socially and economically disadvantaged individual
has the same meaning given that term in section 8(d) of the Act (15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to be socially and economically disadvantaged;
sponsor
means—
State
means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.
sterile area
has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.
terminal development
means—
United States Access Board
means the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)).
universal changing station
means a universal or adult changing station that meets the standards established by the United States Access Board under paragraph (2)(A).
Vietnam-era veteran
means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was discharged or released from active duty in the armed forces under honorable conditions.
zero-emission vehicle
means—