49 U.S. Code § 47101 - Policies
Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
47101(a)(1) |
49 App.:2201(a)(1), (2). |
Sept. 3, 1982, Pub. L. 97–248, §§ 502(a)(1)–(3), (6), (b), 509(b)(5) (1st sentence, last sentence words before 11th comma), 96 Stat. 671, 672, 684. |
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49 App.:2201(a)(9). |
Sept. 3, 1982, Pub. L. 97–248, § 502(a)(9), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), (c)(1), 101 Stat. 1487. |
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49 App.:2201(a)(10). |
Sept. 3, 1982, Pub. L. 97–248, § 502(a)(10), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), (c)(2), 101 Stat. 1487. |
47101(a)(2) |
49 App.:2201(a)(8). |
Sept. 3, 1982, Pub. L. 97–248, § 502(a)(8), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, § 102(b)(1), 101 Stat. 1487. |
47101(a)(3) |
49 App.:2201(a)(6). |
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47101(a)(4) |
49 App.:2201(a)(7). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(7); added Dec. 30, 1987, Pub. L. 100–223, § 102(b)(2), 101 Stat. 1487. |
47101(a)(5) |
49 App.:2201(b) (1st sentence). |
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47101(a)(6) |
49 App.:2208(b)(5) (1st sentence). |
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47101(a)(7) |
49 App.:2201(a)(11). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(11); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488. |
47101(a)(8) |
49 App.:2201(a)(12). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(12); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, § 9109(a)(1), 104 Stat. 1388–356. |
47101(a)(9) |
49 App.:2201(a)(13). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(13); added Dec. 30, 1987, Pub. L. 100–223, § 102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §§ 9103(2), 9109(a)(2), 104 Stat. 1388–354, 1388–356. |
47101(a)(10) |
49 App.:2201(a)(14). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(a)(14); added Nov. 5, 1990, Pub. L. 101–508, § 9109(a)(3), 104 Stat. 1388–356. |
47101(b) |
49 App.:2201(c). |
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 502(c), (d); added Oct. 31, 1992, Pub. L. 102–581, § 101, 106 Stat. 4875. |
47101(c) |
49 App.:2201(d). |
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47101(d) |
49 App.:2201(a)(5). |
Sept. 3, 1982, Pub. L. 97–248, § 502(a)(5), 96 Stat. 671; Nov. 5, 1990, Pub. L. 101–508, § 9103(1), 104 Stat. 1388–354. |
47101(e) |
49 App.:2201(a)(3). |
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49 App.:2202(a)(20). |
Sept. 3, 1982, Pub. L. 97–248, § 503(a)(20), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488. |
47101(f) |
49 App.:2201(a)(4). |
Sept. 3, 1982, Pub. L. 97–248, § 502(a)(4), 96 Stat. 671; Dec. 30, 1987, Pub. L. 100–223, § 102(a), 101 Stat. 1487. |
47101(g) |
49 App.:2201(b) (2d, last sentences). |
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47101(h) |
49 App.:2208(b)(5) (last sentence words before 11th comma). |
In subsection (a), before clause (1), the text of 49 App.:2201(a)(2), (9), and (10) is omitted as executed. The words “It is the policy of the United States” are substituted for “The Congress hereby . . . declares” in 49 App.:2201(a) (words before cl. (1)), “it is in the national interest” in 49 App.:2201(a)(12), “are not in the public interest and” in 49 App.:2201(a)(13), “It is declared to be in the national interest to” in 49 App.:2201(b), and “It is declared to be national policy that” in 49 App.:2208(b)(5) for consistency in the revised title and with other titles of the United States Code. In clause (1), the word “is” is substituted for “will continue to be” to eliminate unnecessary words. In clause (2), the words “with due regard” are omitted as surplus. In clause (3), the words “reliever airports make an important contribution to the efficient operation of the airport and airway system” are omitted as executed. In clause (4), the words “cargo hub airports play a critical role in the movement of commerce through the airport and airway system” are omitted as executed. In clause (5), the words “and promote” are omitted as surplus.
In subsection (d), the word “to” is substituted for “with due regard for the goals expressed therein of” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “The facilities provided may include” are substituted for “including” because of the restatement. Clause (2) is substituted for “reliever heliports” to incorporate the definition of that term from 49 App.:2202(a)(19) into this subsection.
In subsection (f), before clause (1), the words “the goal of” are omitted as surplus.
In subsection (g), the words “formulated” and “due” are omitted as surplus. The words “process of developing airport plans and programs” are substituted for “process” for clarity.
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
2024—Subsec. (a)(2) to (14). Pub. L. 118–63, § 347(a)(1), added par. (2) and redesignated former pars. (2) to (13) as (3) to (14), respectively.
Subsec. (g). Pub. L. 118–63, § 347(a)(2)(A), substituted “subsection (a)(6)” for “subsection (a)(5)” in introductory provisions.
Subsec. (g)(1). Pub. L. 118–63, § 701(1), inserted “(including long-term resilience from the impact of natural hazards and severe weather events)” after “environmental”.
Subsec. (g)(2)(E). Pub. L. 118–63, § 701(2), added subpar. (E).
Subsec. (h). Pub. L. 118–63, § 781, substituted “may” for “shall” in introductory provisions.
Pub. L. 118–63, § 347(a)(2)(B), substituted “subsection (a)(7)” for “subsection (a)(6)” in introductory provisions.
2012—Subsec. (g)(2)(C), (D). Pub. L. 112–95 added subpar. (C) and redesignated former subpar. (C) as (D).
2000—Subsec. (a)(5). Pub. L. 106–181, § 137(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “to encourage the development of transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;”.
Subsec. (a)(11). Pub. L. 106–181, § 121(a), inserted “(including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices)” after “employ innovative technology”.
Subsec. (f)(11). Pub. L. 106–181, § 121(b), added par. (11).
1996—Subsec. (g). Pub. L. 104–264 substituted “Intermodal Planning” for “Cooperation” in heading and amended text generally. Prior to amendment, text read as follows: “To carry out the policy of subsection (a)(5) of this section, the Secretary of Transportation shall 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, 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.”
1994—Subsec. (a)(11). Pub. L. 103–305, § 104, added par. (11).
Subsec. (a)(12). Pub. L. 103–429 substituted “subchapter” for “Act”.
Pub. L. 103–305, § 110, added par. (12).
Subsec. (a)(13). Pub. L. 103–305, § 110, added par. (13).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 118–63, title III, § 342(d), May 16, 2024, 138 Stat. 1100, provided that:
Pub. L. 118–63, title III, § 347(a)(3), May 16, 2024, 138 Stat. 1104, provided that:
Pub. L. 118–63, title III, § 347(b)–(f), May 16, 2024, 138 Stat. 1104–1107, provided that:
(1) In general.—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.
“(2) Duties.—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.
“(3) Membership.—
“(A) In general.—In establishing the Council, the Administrator shall appoint at least 1 member from each of the following:
“(i) Airport operators.
“(ii) Air carriers.
“(iii) Aircraft operators.
“(iv) Avionics manufacturers.
“(v) Flight schools.
“(vi) 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.
“(vii) The exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code.
“(viii) Other safety experts the Administrator determines appropriate.
“(B) Additional members.—The Administrator may appoint members representing any other stakeholder organization that the Administrator determines appropriate to the Runway Safety Council.
“(c) Airport Surface Safety Technologies.—
“(1) Identification.—Not later than 6 months after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, systems, and process changes, that—
“(A) may provide airport surface surveillance capabilities at airports lacking such capabilities;
“(B) may augment existing airport surface detection and surveillance system; or
“(C) may improve onboard situational awareness for flight crewmembers, including technologies for use in an aircraft that—
“(i) reduce the risk of collision on the runway with other aircraft or vehicles;
“(ii) calculate safe landing distances; and
“(iii) prompt actions to bring the aircraft to a safe stop.
“(2) Criteria.—Not later than 1 year after the date of enactment of this Act, the Administrator shall—
“(A) based on the information obtained pursuant to paragraph (1)(A) and (1)(B), identify airport surface detection and surveillance systems that meet the standards of the FAA and may be able to—
“(i) provide airport surface surveillance capabilities at airports lacking such capabilities; or
“(ii) augment existing airport surface detection and surveillance systems, such as Airport Surface Detection System—Model X or the Airport Surface Surveillance Capability;
“(B) 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;
“(C) based on the information obtained pursuant to paragraph (1)(C), identify safety technologies and systems in transport airplanes that meet the standards of the FAA that will—
“(i) enhance runway safety for transport airplanes that lack the capabilities of such technologies and systems, as appropriate; or
“(ii) augment existing onboard situational awareness runway traffic alerting and runway landing safety technologies installed on transport airplanes; and
“(D) 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.
“(3) Deployment.—Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface detection and surveillance systems are deployed and operational at—
“(A) all airports described in paragraph (2)(A); and
“(B) all medium and large hub airports.
“(4) Briefing.—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).
“(d) Foreign Object Debris Detection.—
“(1) In general.—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.
“(2) Considerations.—In conducting the assessment under paragraph (1), the Administrator shall consider the following:
“(A) The categorization of an airport.
“(B) The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas.
“(C) The availability of funding for the installation and maintenance of foreign object debris monitoring and detection systems.
“(D) The impact of such systems on the airfield operations of an airport.
“(E) The effectiveness of available foreign object debris monitoring and detection systems.
“(F) Any other factors relevant to assessing the return on investment of foreign object debris monitoring and detection systems.
“(3) Consultation.—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.
“(e) Runway Safety Study.—
“(1) In general.—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.
“(2) Considerations.—In conducting the study under paragraph (1), the federally funded research and development center shall—
“(A) 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;
“(B) assess metrics used to identify when such events are increasing at an airport;
“(C) 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;
“(D) consider growth trends in airport size, staffing and communication complexities to identify—
“(i) future gaps in information exchange between aerospace stakeholders; and
“(ii) methods for meeting future near real-time information sharing needs; and
“(E) 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.
“(3) Recommendations.—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).
“(4) Report to congress.—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).
“(f) Definitions.—In this section:
“(1) Air carrier; foreign air carrier.—The terms ‘air carrier’ and ‘foreign air carrier’ have the meanings given such terms in section 40102 of title 49, United States Code.
“(2) Airport surface detection and surveillance system.—The term ‘airport surface detection and surveillance system’ means an airport surveillance system that is—
“(A) designed to track surface movement of aircraft and vehicles; or
“(B) capable of alerting air traffic controllers or flight crewmembers of a possible runway incursion, misaligned approach, or other safety event.
“(3) Transport airplane.—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.”
Pub. L. 118–63, title VII, § 711, May 16, 2024, 138 Stat. 1253, provided that:
Pub. L. 118–63, title VII, § 729, May 16, 2024, 138 Stat. 1271, provided that:
Pub. L. 118–63, title VII, § 733, May 16, 2024, 138 Stat. 1273, provided that:
Pub. L. 118–63, title VII, § 746, May 16, 2024, 138 Stat. 1282, provided that:
Pub. L. 118–63, title VII, § 747, May 16, 2024, 138 Stat. 1282, provided that:
Pub. L. 118–63, title VII, § 757, May 16, 2024, 138 Stat. 1285, provided that:
Pub. L. 118–63, title VII, § 758, May 16, 2024, 138 Stat. 1287, provided that:
Pub. L. 118–63, title VII, § 765, May 16, 2024, 138 Stat. 1291, provided that:
Pub. L. 118–63, title VII, § 772, May 16, 2024, 138 Stat. 1297, provided that:
Pub. L. 118–63, title X, § 1023, May 16, 2024, 138 Stat. 1401, provided that:
Pub. L. 115–254, div. B, title I, § 163(a)–(c), Oct. 5, 2018, 132 Stat. 3224, as amended by Pub. L. 118–63, title VII, § 743(a), May 16, 2024, 138 Stat. 1279, provided that:
Pub. L. 114–307, § 1, Dec. 16, 2016, 130 Stat. 1523, provided that:
Pub. L. 112–95, title III, § 314, Feb. 14, 2012, 126 Stat. 67, provided that:
Pub. L. 106–181, title I, § 155(d), Apr. 5, 2000, 114 Stat. 89, provided that:
Pub. L. 106–181, title I, § 158, Apr. 5, 2000, 114 Stat. 90, provided that:
Pub. L. 104–264, title I, § 148, Oct. 9, 1996, 110 Stat. 3223, authorized the Secretary of Transportation until Sept. 30, 1998, to carry out a demonstration program to provide information on the use of innovative financing techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
Pub. L. 104–264, title XII, § 1203, Oct. 9, 1996, 110 Stat. 3280, which related to closure of an airport that is not a commercial service airport that is located within 2 miles of a United States Army depot which has been closed or realigned, was repealed by Pub. L. 118–63, title VII, § 719(c)(1), May 16, 2024, 138 Stat. 1262.
Pub. L. 103–305, title V, § 520, Aug. 23, 1994, 108 Stat. 1601, required the Secretary to conduct a study on innovative approaches for using Federal funds to finance airport development as a means of supplementing financing available under the Airport Improvement Program and set out matters for the Secretary to consider and persons to consult, and provided that the Secretary would transmit to Congress a report on the results of the study not later than 12 months after Aug. 23, 1994.