Sec. 441. Special rule for reclassification of certain unclassified airports
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/bill/118/hr/3935/eh/section-441·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than September 30, 2024, a privately owned reliever airport (as such term is defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2021–2025 (as published under section 47103 of title 49, United States Code) may submit to the Secretary of Transportation a request to reclassify the airport according to the criteria used to classify a publicly owned airport. In submitting a request under paragraph (1), a privately owned reliever airport shall include the following information:
A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of Federal Aviation Administration Order 5090.5, titled Formulation of the NPIAS and ACIP (or any successor guidance), to be classified as Local or Basic if the airport was publicly owned. A report that— identifies the role of the airport to the aviation system; and describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs.
Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport’s safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary. In performing the eligibility review under paragraph (1), the Secretary— may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for obtaining a public sponsor; and may not require the airport to obtain a public sponsor.
Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met: The request includes the required information under subsection (a)(2). The privately owned reliever airport, to the satisfaction of the Secretary— passes the eligibility review performed under subsection (b); or submits a corrective action plan in accordance with paragraph (2). With respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that— resolves any shortcomings identified in such eligibility review; and proves that any necessary corrective action has been completed by the airport.
The reclassification of any privately owned reliever airport under this section shall take effect not later than— September 30, 2026, for any request granted under subsection (c)(1); and September 30, 2027, for any request granted after the submission of a corrective action plan under subsection (c)(2).