49 U.S.C. § 44517 — Program to permit cost sharing of air traffic modernization projects
submitted 23 years ago by Pub. L. 108-176 to r/title-49-TRANSPORTATION · 409 words · no verdicts yet
The Secretary may fund up to 10 projects a year to help airports and airlines buy air traffic control equipment. The federal government pays at most 33 percent of each project's cost, capped at $5,000,000 per project. Sponsors can later give the equipment to the FAA for free.
(a) In General.— The Secretary may run a program that gives grants to project sponsors, for no more than 10 eligible projects a year. The goal is to make aviation safer and improve air transportation by getting non-federal money invested in important air traffic control equipment and software.
(b) Federal Share.— The federal government pays no more than 33 percent of an eligible project's cost. The rest must come from non-federal sources, which can include money collected under section 40117.
(c) Limitation on Grant Amounts.— No single project can get more than $5,000,000 in federal money under this program.
(d) Funding.— The Secretary pays for this program using money appropriated under section 48101(a).
(e) Definitions.— (1) "Eligible project" means a project to buy equipment or software for the national air traffic control system that the FAA Administrator has certified or approved, and that improves safety, efficiency, or mobility. This can include: (A) airport-specific air traffic facilities and equipment, such as local area augmentation systems, instrument landing systems, weather and wind shear detection gear, and lighting upgrades; (B) automation tools that boost airport capacity, such as passive final approach spacing tools and traffic management advisory equipment; and (C) equipment and software that improve airspace control procedures or help with en route surveillance, including tracking oceanic and offshore flights. (2) "Project sponsor" means any major user of the national airspace system, as the Secretary decides, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.
(f) Transfers of Equipment.— Despite any other law, and with the Administrator's agreement, a project sponsor may give the FAA — free of charge — facilities, equipment, or automation tools it bought with a grant under this section, as long as they meet the FAA's operation and maintenance standards.
(g) Guidelines.— The Administrator must issue advisory guidelines explaining how the program works. These guidelines do not have to go through the formal rulemaking process required under subchapter II of chapter 5 of title 5.
Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation’s air transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.
The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.
No eligible project may receive more than $5,000,000 in Federal funds under the program.
The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.
In this section, the following definitions apply:
The term “eligible project” means a project to purchase equipment or software relating to the Nation’s air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—
airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;
automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and
equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
The term “project sponsor” means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.
Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.
Source credit: (Added Pub. L. 108–176, title I, § 183(a), Dec. 12, 2003, 117 Stat. 2516.)
- 2003Enacted · Pub. L. 108-176 · 117 Stat. 2516
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-176 on 2003-12-12.
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