Sec. 133. CONTRACT TOWER PROGRAM
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## SEC. 133 CONTRACT TOWER PROGRAM ###
(a)Air Traffic Control Contract Program ####
(1)Special rule Section 47124(b)(1)(B) of title 49, United States Code, is amended— #####
(A)by striking “under the program continued under this paragraph” and inserting “under the Contract Tower Program”; and #####
(B)by striking “ exceeds the benefit for a period of 18 months after such determination is made ” and inserting the following: > “exceeds the benefit— > > > ###### “(i) > > for the 1-year period after such determination is made; or > > > ###### “(ii) > > if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D).” > . ####
(2)Exemption Section 47124(b)(3)(D) of title 49, United States Code, is amended— #####
(A)by striking “under the program” and inserting “under the Cost-share Program”; and #####
(B)by adding at the end the following: “Airports with air service provided 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 paragraph.”. ####
(3)Construction of air traffic control towers #####
(A)Grants 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”. #####
(B)Eligibility Section 47124(b)(4)(B)(i)(I) of title 49, United States Code, is amended by striking “contract tower program established under subsection
(a)and continued under paragraph
(1)or the pilot program established under paragraph (3)” and inserting “Contract Tower Program or the Cost-share Program”. #####
(C)Limitation on federal share Section 47124(b)(4) of title 49, United States Code, is amended by striking subparagraph (C). ####
(4)Benefit-to-cost calculation for program applicants Section 47124(b)(3) of title 49, United States Code, is amended by adding at the end the following: > > ##### “(G) Benefit-to-cost calculation > > 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.” > . ###
(b)Criteria To Evaluate Participants Section 47124 of title 49, United States Code, is amended by adding at the end the following: > > ### “(d) Criteria To Evaluate Participants > > > #### “(1) Timing of evaluations > > > ##### “(A) Towers participating in cost-share program > > In the case of an air traffic control tower that is operated under the Cost-share Program, the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower. > > > ##### “(B) Towers participating in contract tower program > > In the case of an air traffic control tower that is operated under the Contract Tower Program, 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— > > > ###### “(i) > > by more than 25 percent from the previous year; or > > > ###### “(ii) > > by more than 55 percent cumulatively in the preceding 3-year period. > > > #### “(2) Costs to be considered > > 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: > > > ##### “(A) > > The Federal Aviation Administration’s actual cost of wages and benefits of personnel working at the tower. > > > ##### “(B) > > The Federal Aviation Administration’s actual telecommunications costs directly associated with the tower. > > > ##### “(C) > > 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. > > > ##### “(D) > > 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. > > > ##### “(E) > > 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 noncontract tower-related personnel and equipment, even if the personnel or equipment is located in the contract tower building). > > > #### “(3) Other criteria to be considered > > 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. > > > #### “(4) Review of cost-benefit determinations > > 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: > > > ##### “(A) > > 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. > > > ##### “(B) > > Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall— > > > ###### “(i) > > transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and > > > ###### “(ii) > > provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review. > > > ##### “(C) > > After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall— > > > ###### “(i) > > provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and > > > ###### “(ii) > > withhold from taking further action in connection with the appeal during that 30-day period. > > > ##### “(D) > > If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the Cost-share Program, 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). > > > ### “(e) Definitions > > In this section: > > > #### “(1) Contract tower program > > The term ‘Contract Tower Program’ means the level I air traffic control tower contract program established under subsection
(a)and continued under subsection (b)(1). > > > #### “(2) Cost-share program > > The term ‘Cost-share Program’ means the cost-share program established under subsection (b)(3).” > . ###
(c)Conforming Amendments Section 47124(b) of title 49, United States Code, is amended— ####
(1)in paragraph (1)(C), by striking “the program established under paragraph (3)” and inserting “the Cost-share Program”; ####
(2)in paragraph (3)— #####
(A)in the heading, by striking “contract air traffic control tower program” and inserting “Cost-share program”; #####
(B)in subparagraph (A), by striking “contract tower program established under subsection
(a)and continued under paragraph
(1)(in this paragraph referred to as the ‘Contract Tower Program’)” and inserting “Contract Tower Program”; #####
(C)in subparagraph (B), by striking “In carrying out the program” and inserting “In carrying out the Cost-share Program”; #####
(D)in subparagraph (C), by striking “participate in the program” and inserting “participate in the Cost-share Program”; and #####
(E)in subparagraph (F), by striking “the program continued under paragraph (1)” and inserting “the Contract Tower Program”. ###
(d)Approval of Certain Applications for the Contract Tower Program **[**[49 U.S.C. 47124 note](/us/usc/t49/s47124)**]** ####
(1)In general If the Administrator of the Federal Aviation Administration has not implemented a revised cost-benefit methodology for purposes of determining eligibility for the Contract Tower Program before the date that is 30 days after the date of enactment of this Act, any airport with an application for participation in the Contract Tower Program pending as of January 1, 2017, shall be approved for participation in the Contract Tower Program if the Administrator determines the tower is eligible under the criteria set forth in the Federal Aviation Administration report entitled “Establishment and Discontinuance Criteria for Airport Traffic Control Towers”, and dated August 1990 (FAA-APO-90-7). ####
(2)Requests for additional authority The Administrator shall respond not later than 60 days after the date the Administrator receives a formal request from an airport and air traffic control contractor for additional authority to expand contract tower operational hours and staff to accommodate flight traffic outside of current tower operational hours. ####
(3)Definition of contract tower program In this section, the term “Contract Tower Program” has the meaning given the term in section 47124(e) of title 49, United States Code, as added by this Act.
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Sec. 133
CONTRACT TOWER PROGRAM
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