Sec. 134. Contract tower program
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Section 47124(b)(1)(B) of title 49, United States Code, is amended by striking exceeds the benefit for a period of 18 months after such determination is made and inserting the following: exceeds the benefit— for the 1-year period after such determination is made; or if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D) . Section 47124(b)(3)(D) of title 49, United States Code, is amended by adding at the end the following: Airports with air service 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 subparagraph. .
Section 47124(b)(4)(A) of title 49, United States Code, is amended in each of clauses (i)(III) and (ii)(III) by inserting , including remote air traffic control tower equipment certified by the Federal Aviation Administration after 1996 . Section 47124(b)(4)(B)(i)(I) of title 49, United States Code, is amended by striking pilot . Section 47124(b)(4) of title 49, United States Code, is amended by striking subparagraph (C). Section 47124(b)(3) of title 49, United States Code, is amended by adding at the end the following:
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. . Section 47124 of title 49, United States Code, is amended by adding at the end the following: In the case of an air traffic control tower that is operated under the program established under subsection (b)(3), the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower.
In the case of an air traffic control tower that is operated under the program established under subsection
(a)and continued under subsection (b)(1), the Secretary shall not calculate a benefit-to-cost ratio after the date of enactment of this subsection with respect to the tower unless the Secretary determines that the annual aircraft traffic at the airport where the tower is located has decreased— by more than 25 percent from the previous year; or by more than 55 percent cumulatively in the preceding 3-year period. In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall consider only the following costs: The Federal Aviation Administration’s actual cost of wages and benefits of personnel working at the tower. The Federal Aviation Administration’s actual telecommunications costs directly associated with the tower. The Federal Aviation Administration’s costs of purchasing and installing any air traffic control equipment that would not have been purchased or installed except as a result of the operation of the tower. The Federal Aviation Administration’s actual travel costs associated with maintaining air traffic control equipment that is owned by the Administration and would not be maintained except as a result of the operation of the tower. Other actual costs of the Federal Aviation Administration directly associated with the tower that would not be incurred except as a result of the operation of the tower (excluding costs for non-contract tower related personnel and equipment, even if the personnel or equipment are located in the contract tower building). In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall add a 10 percentage point margin of error to the benefit-to-cost ratio determination to acknowledge and account for the direct and indirect economic and other benefits that are not included in the criteria the Secretary used in calculating that ratio. In issuing a benefit-to-cost ratio determination under this section with respect to an air traffic control tower located at an airport, the Secretary shall implement the following procedures: The Secretary shall provide the airport (or the State or local government having jurisdiction over the airport) at least 90 days following the date of receipt of the determination to submit to the Secretary a request for an appeal of the determination, together with updated or additional data in support of the appeal. Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall— transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review. After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall— provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and withhold from taking further action in connection with the appeal during that 30-day period. If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the program established under subsection (b)(3), the Secretary shall not require a cost-share payment from the airport, State, or local government for 1 year following the last day of the 30-day period described in subparagraph (C). .