§ 44706. Airport operating certificates
1,974 words·~9 min read·
/usc/title-49/section-44706A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General.— The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person desiring to operate an airport—
(1)that serves an air carrier operating aircraft designed for at least 31 passenger seats;
(2)that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and
(3)that the Administrator requires to have a certificate;
if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part.
(b)Terms.— An airport operating certificate issued under this section shall contain terms necessary to ensure safety in air transportation. Unless the Administrator decides that it is not in the public interest, the terms shall include conditions related to—
(1)operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used for landing, takeoff, or surface maneuvering of an aircraft; and
(2)friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary.
(c)Exemptions.— The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection
(a)of this section having less than .25 percent of the total number of passenger boardings each year at all airports described in subsection
(a)when the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical.
(d)Commuter Airports.— In developing the terms required by subsection
(b)for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative that will provide comparable safety at airports described in subsections (a)(1) and (a)(2).
(e)Effective Date.— Any regulation establishing the terms required by subsection
(b)for airports covered by subsection (a)(2) shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days have elapsed following the date of such submission.
(f)Limitation on Statutory Construction.— Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport described in subsection (a).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104–264, title IV, § 404, Oct. 9, 1996, 110 Stat. 3256.)
In subsection (a), before clause (1), the words “may file with the Administrator an application for an airport operating certificate” are omitted as surplus. In clause (3), the words “the requirements of” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”.
In subsection (b), before clause (1), the words “conditions, and limitations . . . reasonably” are omitted as surplus. In clause (2), the words “grooving or other” are omitted as surplus.
Connections75 cite this · traces to 5
Cited by 75 sections · top 41
public-private-law
U.S. Code
CFR
register
- Proposed RulesFinal rule
- NoticesFinal rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Rules and RegulationsUnified agenda of Federal regulatory and deregulatory actions (regulatory agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsNotification of availability
- NoticesNotice of policy
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsSemiannual regulatory agenda
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Proposed RulesProposed rule; correction
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Presidential DocumentsNotice of proposed rulemaking (NPRM)
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsInterim Final Rule
- Rules and RegulationsSupplemental notice of proposed rulemaking (SNPRM)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
statute-compilations
statutes-at-large
- Public Law 109–115Making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 106–181To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes
- Public Law 115–253To amend title 18, United States Code, to clarify the meaning of the terms “act of war” and “blocked asset”, and for other purposes
Traces to 5 documents
18 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1189
- Pub. L. 104–264, title IV, § 404
- 110 Stat. 3256
- Pub. L. 104–264, § 404(a)
- Pub. L. 104–264, § 404(b)
- Pub. L. 104–264, § 404(c)
- Pub. L. 104–264, § 404(d)
- Pub. L. 104–264
- section 3 of Pub. L. 104–264
- section 4(d)(8) of Pub. L. 111–314
- 138 Stat. 1291
- 138 Stat. 1295
- 132 Stat. 3273
- Pub. L. 109–115, div. A, title I
- 119 Stat. 2401
- Pub. L. 106–181, title V, § 518
- 114 Stat. 145
Citation graph
cites case law
§ 44706
Airport operating certificates
Fed. Reg.×53
U.S.C.×6
Stat.×5
C.F.R.×3
Pub. L.×3
Stat. Comp.×3
Bills×2
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1189
Pub. L.Pub. L. 104–264, title IV, § 404
Stat.110 Stat. 3256
Pub. L.Pub. L. 104–264, § 404(a)
Cites 23 · showing 10Cited by 75 across 7 sources