
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 518]
[CITE: 49USC44706]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44706. Airport operating certificates

    (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, Sec. 1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104-
264, title IV, Sec. 404, Oct. 9, 1996, 110 Stat. 3256.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44706(a)..............................  49 App.:1432(b) (1st, 2d         Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         sentences).                      731, 
Sec.  612(b); added May 21, 1970,
                                                                          Pub. 
L. 91-258, Sec.  51(b)(1), 84
                                                                          Stat.
 234; Nov. 27, 1971, Pub. L. 92-
                                                                          174, 
Sec.  5(b), 85 Stat. 492; Sept.
                                                                          3, 19
82, Pub. L. 97-248, Secs.
                                                                          524(f
), 525(b), 96 Stat. 697.
44706(b)..............................  49 App.:1432(b) (3d, last
                                         sentences).
44706(c)..............................  49 App.:1432(c).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  612(c); added July 12,
                                                                          1976,
 Pub. L. 94-353, Sec.  19(a), 90
                                                                          Stat.
 883; Sept. 3, 1982, Pub. L. 97-
                                                                          248, 
Sec.  525(c), 96 Stat. 697.
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---------------------------------

    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.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-264, Sec. 404(a), added par. (2), 
redesignated former par. (2) as (3), substituted ``if'' for ``(3) when'' 
in former par. (3) and adjusted the margins of that par. to make it a 
flush provision following par. (3).
    Subsec. (d). Pub. L. 104-264, Sec. 404(b), added subsec. (d).
    Subsec. (e). Pub. L. 104-264, Sec. 404(c), added subsec. (e).
    Subsec. (f). Pub. L. 104-264, Sec. 404(d), added subsec. (f).


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44701, 44711, 45302, 
46310, 47110, 47501, 47531 of this title.
