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49 U.S.C. § 47101Policies

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 1,646 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lays out U.S. policy goals for airports and airways. Safety comes first, but the law also pushes for less noise, smarter growth, and better connections to other transportation. It asks planners to protect the environment too.

(a) General. It is U.S. policy that: (1) safe operation of the airport and airway system is the top aviation priority; (2) projects and actions that prevent runway incursions should (A) improve airport surface surveillance and (B) reduce the surface safety risks that are essential to safe operation; (3) aviation facilities should be built and run to minimize their noise impact on nearby communities; (4) special emphasis should go to developing reliever airports; (5) proper steps should make it easier to develop and expand cargo hub airports; (6) intermodal connections at airports — linking air travel to other transportation — should be encouraged, to serve passengers and cargo well and boost economic development; (7) airport development projects should protect and improve natural resources and environmental quality; (8) airport projects that increase passenger and cargo capacity should be pursued as fully as feasible, to improve safety and efficiency and cut delays; (9) non-aviation use of navigable airspace should be allowed, but never at the cost of airspace or airport safety and capacity; (10) artificial limits on airport capacity (A) are not in the public interest, (B) should only be used to ease air traffic delays after other, less burdensome options have failed, and (C) should not unfairly treat different types or classes of aircraft differently; (11) special focus should go to converting old military air bases to civilian use, and to finding and improving more joint-use facilities; (12) the airport improvement program should encourage new technology — like in-pavement runway and taxiway lighting and other incursion-prevention tools — new concepts, and new approaches that improve safety, capacity, and efficiency in building airports and running the air transportation system, including new concrete and materials that cut upfront costs, cut downtime, and last longer, and should encourage new technology proposals; (13) airport fees, rates, and charges must be reasonable, and may only be used for purposes this subchapter allows; and (14) airports should be as financially self-sufficient as their circumstances allow, and when setting new fees or raising revenue from any source, airport owners and operators should not try to build surpluses beyond what's needed for airport-system purposes, other purposes allowed under section 47107(b)(1), reasonable reserves, and funds to help with financing and cover contingencies. (b) National Transportation Policy. (1) It is a U.S. goal to build a national intermodal transportation system that moves passengers and property efficiently; the country's economic future depends on confronting global competition, falling productivity growth, energy vulnerability, air pollution, and the need to rebuild U.S. infrastructure. (2) U.S. leadership in the world economy, its wealth, its industries' competitiveness, and its standard and quality of life are all at stake. (3) A national intermodal transportation system links different, complementary forms of transportation to move passengers and property as efficiently as possible; by cutting transportation costs, it helps U.S. industry compete globally. (4) Every form of transportation, including aviation and future transportation systems, should help cut energy use and air pollution while growing the economy. (5) An intermodal transportation system connects transportation hubs, giving people efficient travel and access to business centers, population centers, and rural areas, plus links to other transportation and to other cities. (6) Being flexible and well-connected across transportation types is central to getting the most value from U.S. resources. (7) U.S. transportation infrastructure must be reshaped so the country can compete economically in the 21st century global economy; the U.S. can no longer rely on its sheer size and must recognize its economy is now part of the global marketplace. (8) The U.S. must make a national commitment to rebuild its infrastructure through a national intermodal transportation system, so its industries can be more productive and better compete globally. (c) Capacity Expansion and Noise Abatement. It is in the public interest to recognize that expanding airport capacity affects aircraft noise. Any effort to raise capacity can affect the surrounding community. Land uses near airports that don't fit with airport noise must be reduced, and noise mitigation efforts must be given high priority. (d) Consistency With Air Commerce and Safety Policies. Every airport and airway program should be carried out consistently with section 40101(a), (b), (d), and (f) — the goals of fostering competition, preventing unfair competition in air transportation, keeping essential air transportation, and preventing unjust or discriminatory practices, including between categories and classes of aircraft. (e) Adequacy of Navigation Aids and Airport Facilities. This subchapter should provide enough navigation aids and airport facilities for places with scheduled commercial air service. These facilities may include (1) reliever airports, and (2) heliports the Secretary of Transportation designates to ease congestion at commercial service airports, by shifting passengers from fixed-wing aircraft to helicopters. (f) Maximum Use of Safety Facilities. This subchapter should be carried out consistently with a full airspace system plan, giving top priority to commercial service airports, to make the most of safety facilities. As money and other safety needs allow, this includes installing, running, and maintaining: (1) electronic or visual vertical guidance on every runway; (2) grooving or friction treatment on every primary and secondary runway; (3) distance-to-go signs on every primary and secondary runway; (4) a precision approach system, vertical visual guidance system, and full approach lighting for every primary runway; (5) a nonprecision instrument approach for every secondary runway; (6) runway end identifier lights on every runway lacking an approach light system; (7) surface movement radar at every Category III airport; (8) a taxiway lighting and sign system; (9) runway edge lighting and marking; (10) radar approach coverage for every airport terminal area; and (11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems. (g) Intermodal Planning. To carry out the policy in (a)(6), the Secretary of Transportation must (1) work with state and local officials to develop airport plans and programs based on overall transportation needs — coordinated with other transportation planning, and considering long-range land-use plans and social, economic, environmental (including long-term resilience to natural hazards and severe weather), system-performance, and energy-conservation goals; this process must be ongoing, cooperative, and as thorough as the complexity of the transportation problems requires; (2) encourage airport sponsors and state and local officials to develop airport master and system plans that (A) coordinate aviation planning with metropolitan planning, (B) evaluate aviation needs as part of multimodal planning, (C) weigh passenger convenience and airport ground access, (D) integrate with metropolitan plans so airport development accounts for land use and ground transportation access, and (E) consider how severe weather events affect long-term operational resilience; and (3) encourage metropolitan planning organizations — especially in areas with more than 200,000 people — to create membership seats for airport operators. (h) Consultation. To carry out the policy in (a)(7), the Secretary of Transportation may consult with the Secretary of the Interior and the EPA Administrator about any project in a grant application that involves locating an airport or runway, or a major runway extension, that may significantly affect (1) natural resources, including fish and wildlife; (2) natural, scenic, and recreational assets; (3) water and air quality; or (4) any other factor affecting the environment.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

It is the policy of the United States—

(1)

that the safe operation of the airport and airway system is the highest aviation priority;

(2)

that projects, activities, and actions that prevent runway incursions serve to—

(A)

improve airport surface surveillance; and

(B)

mitigate surface safety risks that are essential to ensuring the safe operation of the airport and airway system;

(3)

that aviation facilities be constructed and operated to minimize current and projected noise impact on nearby communities;

(4)

to give special emphasis to developing reliever airports;

(5)

that appropriate provisions should be made to make the development and enhancement of cargo hub airports easier;

(6)

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;

(7)

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;

(8)

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;

(9)

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;

(10)

that artificial restrictions on airport capacity—

(A)

are not in the public interest;

(B)

should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have been tried; and

(C)

should not discriminate unjustly between categories and classes of aircraft;

(11)

that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying and improving additional joint-use facilities;

(12)

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;

(13)

that airport fees, rates, and charges must be reasonable and may only be used for purposes not prohibited by this subchapter; and

(14)

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.

(b)National Transportation Policy.—
(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum yield of United States resources.

(7)

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.

(8)

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.

(c)Capacity Expansion and Noise Abatement.—

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.

(d)Consistency With Air Commerce and Safety Policies.—

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.

(e)Adequacy of Navigation Aids and Airport Facilities.—

This subchapter should be carried out to provide adequate navigation aids and airport facilities for places at which scheduled commercial air service is provided. The facilities provided may include—

(1)

reliever airports; and

(2)

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.

(f)Maximum Use of Safety Facilities.—

This subchapter should be carried out consistently with a comprehensive airspace system plan, giving highest priority to commercial service airports, to maximize the use of safety facilities, including installing, operating, and maintaining, to the extent possible with available money and considering other safety needs—

(1)

electronic or visual vertical guidance on each runway;

(2)

grooving or friction treatment of each primary and secondary runway;

(3)

distance-to-go signs for each primary and secondary runway;

(4)

a precision approach system, a vertical visual guidance system, and a full approach light system for each primary runway;

(5)

a nonprecision instrument approach for each secondary runway;

(6)

runway end identifier lights on each runway that does not have an approach light system;

(7)

a surface movement radar system at each category III airport;

(8)

a taxiway lighting and sign system;

(9)

runway edge lighting and marking;

(10)

radar approach coverage for each airport terminal area; and

(11)

runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways.

(g)Intermodal Planning.—

To carry out the policy of subsection (a)(6) of this section, the Secretary of Transportation shall take each of the following actions:

(1)Coordination in development of airport plans and programs.—

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.

(2)Goals for airport master and system plans.—

Encourage airport sponsors and State and local officials to develop airport master plans and airport system plans that—

(A)

foster effective coordination between aviation planning and metropolitan planning;

(B)

include an evaluation of aviation needs within the context of multimodal planning;

(C)

consider passenger convenience, airport ground access, and access to airport facilities;

(D)

are integrated with metropolitan plans to ensure that airport development proposals include adequate consideration of land use and ground transportation access; and

(E)

consider the impact of hazardous weather events on long-term operational resilience.

(3)Representation of airport operators on mpo’s.—

Encourage metropolitan planning organizations, particularly in areas with populations greater than 200,000, to establish membership positions for airport operators.

(h)Consultation.—

To carry out the policy of subsection (a)(7) of this section, the Secretary of Transportation may consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency about any project included in a project grant application involving the location of an airport or runway, or a major runway extension, that may have a significant effect on—

(1)

natural resources, including fish and wildlife;

(2)

natural, scenic, and recreation assets;

(3)

water and air quality; or

(4)

another factor affecting the environment.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103–305, title I, §§ 104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. L. 103–429, § 6(62), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, § 141, Oct. 9, 1996, 110 Stat. 3220; Pub. L. 106–181, title I, §§ 121(a), (b), 137(a), Apr. 5, 2000, 114 Stat. 74, 85; Pub. L. 112–95, title I, § 131, Feb. 14, 2012, 126 Stat. 21; Pub. L. 118–63, title III, § 347(a)(1), (2), title VII, §§ 701, 781, May 16, 2024, 138 Stat. 1104, 1245, 1302.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1246
  • 1994Amended · Pub. L. 103-305 · 108 Stat. 1571, 1573
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4385
  • 1996Amended · Pub. L. 104-264 · 110 Stat. 3220
  • 2000Amended · Pub. L. 106-181 · 114 Stat. 74, 85
  • 2012Amended · Pub. L. 112-95 · 126 Stat. 21
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1104, 1245, 1302

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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