
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 121(c),]
[Document affected by Public Law 106-181 Section 123(b)]
[Document affected by Public Law 106-181 Section 137(b)]
[Document affected by Public Law 106-181 Section 514(a)]
[Document affected by Public Law 107-71 Section 119(a)(1)]
[Document affected by Public Law 107-71 Section 119(a)(5)]
[CITE: 49USC47102]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47102. Definitions

    In this subchapter--
        (1) ``air carrier airport'' means a public airport regularly 
    served by--
            (A) an air carrier certificated by the Secretary of 
        Transportation under section 41102 of this title (except a 
        charter air carrier); or
            (B) at least one air carrier--
                (i) operating under an exemption from section 
            41101(a)(1) of this title that the Secretary grants; and
                (ii) having at least 2,500 passenger boardings at the 
            airport during the prior calendar year.

        (2) ``airport''--
            (A) means--
                (i) an area of land or water used or intended to be used 
            for the landing and taking off of aircraft;
                (ii) an appurtenant area used or intended to be used for 
            airport buildings or other airport facilities or rights of 
            way; and
                (iii) airport buildings and facilities located in any of 
            those areas; and

            (B) includes a heliport.

        (3) ``airport development'' means the following activities, if 
    undertaken by the sponsor, owner, or operator of a public-use 
    airport:
            (A) constructing, repairing, or improving a public-use 
        airport, including--
                (i) removing, lowering, relocating, marking, and 
            lighting an airport hazard; and
                (ii) preparing a plan or specification, including 
            carrying out a field investigation.

            (B) acquiring for, or installing at, a public-use airport--
                (i) a navigation aid or another aid (including a 
            precision approach system) used by aircraft for landing at 
            or taking off from the airport, including preparing the site 
            as required by the acquisition or installation;
                (ii) safety or security equipment, including explosive 
            detection devices and universal access systems, the 
            Secretary requires by regulation for, or approves as 
            contributing significantly to, the safety or security of 
            individuals and property at the airport;
                (iii) equipment to remove snow, to measure runway 
            surface friction, or for aviation-related weather reporting;
                (iv) firefighting and rescue equipment at an airport 
            that serves scheduled passenger operations of air carrier 
            aircraft designed for more than 20 passenger seats;
                (v) aircraft deicing equipment and structures (except 
            aircraft deicing fluids and storage facilities for the 
            equipment and fluids); and
                (vi) interactive training systems.

            (C) acquiring an interest in land or airspace, including 
        land for future airport development, that is needed--
                (i) to carry out airport development described in 
            subclause (A) or (B) of this clause; or
                (ii) to remove or mitigate an existing airport hazard or 
            prevent or limit the creation of a new airport hazard.

            (D) acquiring land for, or constructing, a burn area 
        training structure on or off the airport to provide live fire 
        drill training for aircraft rescue and firefighting personnel 
        required to receive the training under regulations the Secretary 
        prescribes, including basic equipment and minimum structures to 
        support the training under standards the Administrator of the 
        Federal Aviation Administration prescribes.
            (E) relocating after December 31, 1991, an air traffic 
        control tower and any navigational aid (including radar) if the 
        relocation is necessary to carry out a project approved by the 
        Secretary under this subchapter or under section 40117.
            (F) constructing, reconstructing, repairing, or improving an 
        airport, or purchasing capital equipment for an airport, if 
        necessary for compliance with the responsibilities of the 
        operator or owner of the airport under the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Clean 
        Air Act (42 U.S.C. 7401 et seq.), and the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), except 
        constructing or purchasing capital equipment that would benefit 
        primarily a revenue-producing area of the airport used by a 
        nonaeronautical business.
            (G) acquiring land for, or work necessary to construct, a 
        pad suitable for deicing aircraft before takeoff at a commercial 
        service airport, including constructing or reconstructing paved 
        areas, drainage collection structures, treatment and discharge 
        systems, appropriate lighting, paved access for deicing vehicles 
        and aircraft, but not including acquiring aircraft deicing 
        fluids or constructing or reconstructing storage facilities for 
        aircraft deicing equipment or fluids.

        (4) ``airport hazard'' means a structure or object of natural 
    growth located on or near a public-use airport, or a use of land 
    near the airport, that obstructs or otherwise is hazardous to the 
    landing or taking off of aircraft at or from the airport.
        (5) ``airport planning'' means planning as defined by 
    regulations the Secretary prescribes and includes integrated airport 
    system planning.
        (6) ``amount made available under section 48103 of this title'' 
    means the amount authorized for grants under section 48103 of this 
    title as reduced by any law enacted after September 3, 1982.
        (7) ``commercial service airport'' means a public airport in a 
    State that the Secretary determines has at least 2,500 passenger 
    boardings each year and is receiving scheduled passenger aircraft 
    service.
        (8) ``integrated airport system planning'' means developing for 
    planning purposes information and guidance to decide the extent, 
    kind, location, and timing of airport development needed in a 
    specific area to establish a viable, balanced, and integrated system 
    of public-use airports, including--
            (A) identifying system needs;
            (B) developing an estimate of systemwide development costs;
            (C) conducting studies, surveys, and other planning actions, 
        including those related to airport access, needed to decide 
        which aeronautical needs should be met by a system of airports; 
        and
            (D) standards prescribed by a State, except standards for 
        safety of approaches, for airport development at nonprimary 
        public-use airports.

        (9) ``landed weight'' means the weight of aircraft transporting 
    only cargo in intrastate, interstate, and foreign air 
    transportation, as the Secretary determines under regulations the 
    Secretary prescribes.
        (10) ``passenger boardings''--
            (A) means revenue passenger boardings on an aircraft in 
        service in air commerce as the Secretary determines under 
        regulations the Secretary prescribes; and
            (B) includes passengers who continue on an aircraft in 
        international flight that stops at an airport in the 48 
        contiguous States, Alaska, or Hawaii for a nontraffic purpose.

        (11) ``primary airport'' means a commercial service airport the 
    Secretary determines to have more than 10,000 passenger boardings 
    each year.
        (12) ``project'' means a project, separate projects included in 
    one project grant application, or all projects to be undertaken at 
    an airport in a fiscal year, to achieve airport development or 
    airport planning.
        (13) ``project cost'' means a cost involved in carrying out a 
    project.
        (14) ``project grant'' means a grant of money the Secretary 
    makes to a sponsor to carry out at least one project.
        (15) ``public agency'' means--
            (A) a State or political subdivision of a State;
            (B) a tax-supported organization; or
            (C) an Indian tribe or pueblo.

        (16) ``public airport'' means an airport used or intended to be 
    used for public purposes--
            (A) that is under the control of a public agency; and
            (B) of which the area used or intended to be used for the 
        landing, taking off, or surface maneuvering of aircraft is 
        publicly owned.

        (17) ``public-use airport'' means--
            (A) a public airport; or
            (B) a privately-owned airport used or intended to be used 
        for public purposes that is--
                (i) a reliever airport; or
                (ii) determined by the Secretary to have at least 2,500 
            passenger boardings each year and to receive scheduled 
            passenger aircraft service.

        (18) ``reliever airport'' means an airport the Secretary 
    designates to relieve congestion at a commercial service airport and 
    to provide more general aviation access to the overall community.
        (19) ``sponsor'' means--
            (A) a public agency that submits to the Secretary under this 
        subchapter an application for financial assistance; and
            (B) a private owner of a public-use airport that submits to 
        the Secretary under this subchapter an application for financial 
        assistance for the airport.

        (20) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the 
    Northern Mariana Islands, the Trust Territory of the Pacific 
    Islands, and Guam.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1248; Pub. L. 103-
305, title I, Sec. 105, Aug. 23, 1994, 108 Stat. 1572; Pub. L. 104-264, 
title I, Sec. 142(b)(1), Oct. 9, 1996, 110 Stat. 3221.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47102(1)..............................  (no source).
47102(2)..............................  49 App.:2202(a)(1).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(1), 96 Stat. 672; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  103(a),
                                                                          101 S
tat. 1488.
                                        49 App.:2202(a)(21).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(13)-(19), (21)-(23), 96 Stat.
                                                                          673, 
674; Dec. 30, 1987, Pub. L. 100-
                                                                          223, 
Sec.  103(c)(1), 101 Stat. 1488.
47102(3)..............................  49 App.:2202(a)(2).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(2), 96 Stat. 672; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  103(b),
                                                                          101 S
tat. 1488; Nov. 5, 1990, Pub. L.
                                                                          101-5
08, Sec.  9102, 104 Stat. 1388-
                                                                          354; 
Oct. 31, 1992, Pub. L. 102-581,
                                                                          Sec. 
 112(a), (b), 106 Stat. 4880.
47102(4)..............................  49 App.:2202(a)(3).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(3)-(5), (7), (8), (b), 96 Stat.
                                                                          673, 
674.
47102(5)..............................  49 App.:2202(a)(4).
47102(6)..............................  49 App.:2202(b).
47102(7)..............................  49 App.:2202(a)(5).
47102(8)..............................  49 App.:2202(a)(7).
47102(9)..............................  49 App.:2202(a)(9).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  503(a)(9); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(2), 101 Stat. 1488.
47102(10).............................  49 App.:2202(a)(10).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(10), 96 Stat. 673; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(1), (d), 101 Stat. 1488; Oct.
                                                                          31, 1
992, Pub. L. 102-581, Sec.  115,
                                                                          106 S
tat. 4881.
47102(11).............................  49 App.:2202(a)(12).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(12), 96 Stat. 673; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(1), (e), 101 Stat. 1488.
47102(12).............................  49 App.:2202(a)(13).
47102(13).............................  49 App.:2202(a)(14).
47102(14).............................  49 App.:2202(a)(15).
47102(15).............................  49 App.:2202(a)(16).
47102(16).............................  49 App.:2202(a)(8), (17).
47102(17).............................  49 App.:2202(a)(18).
47102(18).............................  49 App.:2202(a)(19).
47102(19).............................  49 App.:2202(a)(22).
47102(20).............................  49 App.:2202(a)(23).
-------------------------------------------------------------------------------
---------------------------------

    In this section, before clause (1), the words ``In this subchapter'' 
are substituted for ``As used in this chapter'' and ``Whenever in this 
chapter reference is made to . . . such reference shall mean'' for 
consistency in the revised title and with other titles of the United 
States Code and to eliminate unnecessary words.
    Clause (1) restates the definition of ``air carrier airport'' that 
was contained in section 11(1) of the Airport and Airway Development Act 
of 1970 as in effect both on February 18, 1980, and immediately before 
September 3, 1982. The clause is added to this section to eliminate the 
cross-references to definitions in section 11 of the Airport and Airway 
Development Act of 1970 that are contained in the source provisions 
restated in sections 47106(d) and 47119(a) of the revised title. Because 
some of the terms used in the definition of ``air carrier airport'' were 
themselves defined in section 11, the definitions of those terms are 
incorporated in the definition added in clause (1) to the extent they 
differ from the definitions of those terms restated in this section. The 
words ``Secretary of Transportation'' and ``Secretary'' are substituted 
for ``Civil Aeronautics Board'' because of the transfer of authority 
under 49 App.:1551(b)(1)(E).
    In clause (2), before subclause (A), the text of 49 App.:2202(a)(21) 
is omitted as surplus because the complete name of the Secretary of 
Transportation is used the first time the term appears in a section. In 
subclause (A)(iii), the words ``those areas'' are substituted for 
``thereon'' for clarity.
    In clause (3)(A), before subclause (i), the words ``any work 
involved in'' and ``or portion thereof'' are eliminated as unnecessary. 
The word ``reconstructing'' is omitted as being included in 
``constructing''. In subclause (ii), the words ``carrying out a field 
investigation'' are substituted for ``field investigations incidental 
thereto'' for clarity.
    In clause (3)(B), before subclause (i), the word ``for'' is 
substituted for ``by'' for clarity. In subclause (i), the words 
``required by the acquisition or installation'' are substituted for 
``thereby required'' for clarity. In subclause (ii), the word 
``individuals'' is substituted for ``persons'' for clarity and 
consistency in the revised title and with other titles of the Code.
    In clause (3)(C), before subclause (i), the words ``interest in land 
or airspace'' are substituted for ``land or of any interest therein, or 
of any easement through or other interest in airspace'' to eliminate 
unnecessary words. In subclause (ii), the words ``existing airport 
hazard . . . the creation of a new airport hazard'' are added for 
clarity and consistency in this chapter.
    In clause (3)(D), the words ``any . . . work involved to'' are 
omitted as surplus. The word ``Secretary'' is substituted for 
``Department of Transportation'' because of 49:102(b). The words 
``Administrator of the'' are added because of 49:106(b).
    In clause (4), the word ``near'' is substituted for ``in the 
vicinity of'' to eliminate unnecessary words. The words ``obstructs or 
otherwise is hazardous to the landing or taking off'' are substituted 
for ``obstructs the airspace required for the flight of aircraft in 
landing or taking off . . . or is otherwise hazardous to such landing or 
taking off'' for clarity and to eliminate unnecessary words.
    In clause (6), the words ``for a fiscal year . . . for that fiscal 
year'' are omitted as surplus. The words ``authorized for grants'' are 
substituted for ``made available for obligation'' for clarity and 
consistency. The word ``law'' is substituted for ``Act of Congress'' for 
consistency in the revised title and with other titles of the Code. The 
words ``or limited'' are omitted as surplus.
    In clause (8), before subclause (A), the words ``the initial as well 
as continuing'' and ``nature'' are omitted as surplus. In subclause (C), 
the words ``needed to decide which aeronautical needs should be met'' 
are substituted for ``as may be necessary to determine the short-, 
intermediate-, and long-range aeronautical demands required to be met'' 
for clarity and to eliminate unnecessary words. The word ``particular'' 
is eliminated as unnecessary. In subclause (D), the word ``prescribed'' 
is substituted for ``the establishment . . . of'' for consistency in the 
revised title and with other titles of the Code.
    In clause (9), the words ``scheduled and nonscheduled'' are omitted 
as surplus. The word ``cargo'' is substituted for ``property (including 
mail)'' for consistency in the revised title.
    In clause (10), before subclause (A), the words ``passenger 
boardings'' are substituted for ``passengers enplaned'' for clarity. In 
subclause (A), the words ``domestic, territorial, and international'', 
``in the States'', ``scheduled and nonscheduled'', and ``intrastate, 
interstate, and foreign'' are omitted as surplus. In subclause (B), the 
words ``who continue on an aircraft in'' are substituted for ``on 
board'' for clarity. (See Cong. Rec., pp. S15296, 15297, Oct. 28, 1987, 
daily ed.). The words ``that stops'' are substituted for ``which 
transit'' for clarity. The word ``located'' is omitted as surplus.
    In clause (12), the words ``included in one project grant 
application'' are substituted for ``submitted together'', and the words 
``or all projects to be undertaken'' are substituted for ``including the 
combined submission of all projects'', for clarity and consistency in 
this chapter.
    In clause (15)(A), the words ``or any agency of a State, a 
municipality . . . other'' are omitted as surplus.
    In clause (19)(A), the words ``either individually or jointly with 
one or more other public agencies'' are omitted as surplus.
    In clause (20), the words ``the Commonwealth of'' and ``the 
Government of'' are omitted as surplus.

                       References in Text

    The Americans with Disabilities Act of 1990, referred to in par. 
(3)(F), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is 
classified principally to chapter 126 (Sec. 12101 et seq.) of Title 42, 
The Public Health and Welfare. For complete classification of this Act 
to the Code, see Short Title note set out under section 12101 of Title 
42 and Tables.
    The Clean Air Act, referred to in par. (3)(F), is act July 14, 1955, 
ch. 360, 69 Stat. 322, as amended, which is classified generally to 
chapter 85 (Sec. 7401 et seq.) of Title 42. For complete classification 
of this Act to the Code, see Short Title note set out under section 7401 
of Title 42 and Tables.
    The Federal Water Pollution Control Act, referred to in par. (3)(F), 
is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, 
Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to 
chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable 
Waters. For complete classification of this Act to the Code, see Short 
Title note set out under section 1251 of Title 33 and Tables.


                               Amendments

    1996--Par. (3)(E). Pub. L. 104-264, Sec. 142(b)(1)(A), inserted ``or 
under section 40117'' before period at end.
    Par. (3)(F). Pub. L. 104-264, Sec. 142(b)(1)(B), struck out ``paid 
for by a grant under this subchapter and'' after ``airport, if''.
    1994--Par. (3)(B)(ii). Pub. L. 103-305 inserted ``, including 
explosive detection devices and universal access systems,'' after ``or 
security equipment''.


                    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.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 40117, 44502, 47134, 47151, 
47501, 50104 of this title; title 19 section 1644a; title 50 App. 
section 1622.
