
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47129]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47129. Resolution of airport-air carrier disputes 
        concerning airport fees
        
    (a) Authority To Request Secretary's Determination.--
        (1) In general.--The Secretary of Transportation shall issue a 
    determination as to whether a fee imposed upon one or more air 
    carriers (as defined in section 40102 of this title) by the owner or 
    operator of an airport is reasonable if--
            (A) a written request for such determination is filed with 
        the Secretary by such owner or operator; or
            (B) a written complaint requesting such determination is 
        filed with the Secretary by an affected air carrier within 60 
        days after such carrier receives written notice of the 
        establishment or increase of such fee.

        (2) Calculation of fee.--A fee subject to a determination of 
    reasonableness under this section may be calculated pursuant to 
    either a compensatory or residual fee methodology or any combination 
    thereof.
        (3) Secretary not to set fee.--In determining whether a fee is 
    reasonable under this section, the Secretary may only determine 
    whether the fee is reasonable or unreasonable and shall not set the 
    level of the fee.
        (4) Fees imposed by privately-owned airports.--In evaluating the 
    reasonableness of a fee imposed by an airport receiving an exemption 
    under section 47134 of this title, the Secretary shall consider 
    whether the airport has complied with section 47134(c)(4).

    (b) Procedural Regulations.--Not later than 90 days after August 23, 
1994, the Secretary shall publish in the Federal Register final 
regulations, policy statements, or guidelines establishing--
        (1) the procedures for acting upon any written request or 
    complaint filed under subsection (a)(1); and
        (2) the standards or guidelines that shall be used by the 
    Secretary in determining under this section whether an airport fee 
    is reasonable.

    (c) Decisions By Secretary.--The final regulations, policy 
statements, or guidelines required in subsection (b) shall provide the 
following:
        (1) Not more than 120 days after an air carrier files with the 
    Secretary a written complaint relating to an airport fee, the 
    Secretary shall issue a final order determining whether such fee is 
    reasonable.
        (2) Within 30 days after such complaint is filed with the 
    Secretary, the Secretary shall dismiss the complaint if no 
    significant dispute exists or shall assign the matter to an 
    administrative law judge; and thereafter the matter shall be handled 
    in accordance with part 302 of title 14, Code of Federal 
    Regulations, or as modified by the Secretary to ensure an orderly 
    disposition of the matter within the 120-day period and any 
    specifically applicable provisions of this section.
        (3) The administrative law judge shall issue a recommended 
    decision within 60 days after the complaint is assigned or within 
    such shorter period as the Secretary may specify.
        (4) If the Secretary, upon the expiration of 120 days after the 
    filing of the complaint, has not issued a final order, the decision 
    of the administrative law judge shall be deemed to be the final 
    order of the Secretary.
        (5) Any party to the dispute may seek review of a final order of 
    the Secretary under this subsection in the Circuit Court of Appeals 
    for the District of Columbia Circuit or the court of appeals in the 
    circuit where the airport which gives rise to the written complaint 
    is located.
        (6) Any findings of fact in a final order of the Secretary under 
    this subsection, if supported by substantial evidence, shall be 
    conclusive if challenged in a court pursuant to this subsection. No 
    objection to such a final order shall be considered by the court 
    unless objection was urged before an administrative law judge or the 
    Secretary at a proceeding under this subsection or, if not so urged, 
    unless there were reasonable grounds for failure to do so.

    (d) Payment Under Protest; Guarantee of Air Carrier Access.--
        (1) Payment under protest.--
            (A) In general.--Any fee increase or newly established fee 
        which is the subject of a complaint that is not dismissed by the 
        Secretary shall be paid by the complainant air carrier to the 
        airport under protest.
            (B) Referral or credit.--Any amounts paid under this 
        subsection by a complainant air carrier to the airport under 
        protest shall be subject to refund or credit to the air carrier 
        in accordance with directions in the final order of the 
        Secretary within 30 days of such order.
            (C) Assurance of timely repayment.--In order to assure the 
        timely repayment, with interest, of amounts in dispute 
        determined not to be reasonable by the Secretary, the airport 
        shall obtain a letter of credit, or surety bond, or other 
        suitable credit facility, equal to the amount in dispute that is 
        due during the 120-day period established by this section, plus 
        interest, unless the airport and the complainant air carrier 
        agree otherwise.
            (D) Deadline.--The letter of credit, or surety bond, or 
        other suitable credit facility shall be provided to the 
        Secretary within 20 days of the filing of the complaint and 
        shall remain in effect for 30 days after the earlier of 120 days 
        or the issuance of a timely final order by the Secretary 
        determining whether such fee is reasonable.

        (2) Guarantee of air carrier access.--Contingent upon an air 
    carrier's compliance with the requirements of paragraph (1) and 
    pending the issuance of a final order by the Secretary determining 
    the reasonableness of a fee that is the subject of a complaint filed 
    under subsection (a)(1)(B), an owner or operator of an airport may 
    not deny an air carrier currently providing air service at the 
    airport reasonable access to airport facilities or service, or 
    otherwise interfere with an air carrier's prices, routes, or 
    services, as a means of enforcing the fee.

    (e) Applicability.--This section does not apply to--
        (1) a fee imposed pursuant to a written agreement with air 
    carriers using the facilities of an airport;
        (2) a fee imposed pursuant to a financing agreement or covenant 
    entered into prior to August 23, 1994; or
        (3) any other existing fee not in dispute as of August 23, 1994.

    (f) Effect On Existing Agreements.--Nothing in this section shall 
adversely affect--
        (1) the rights of any party under any existing written agreement 
    between an air carrier and the owner or operator of an airport; or
        (2) the ability of an airport to meet its obligations under a 
    financing agreement, or covenant, that is in force as of August 23, 
    1994.

    (g) Definition.--In this section, the term ``fee'' means any rate, 
rental charge, landing fee, or other service charge for the use of 
airport facilities.

(Added Pub. L. 103-305, title I, Sec. 113(a)(2), Aug. 23, 1994, 108 
Stat. 1577; amended Pub. L. 104-264, title I, Sec. 149(d), Oct. 9, 1996, 
110 Stat. 3227; Pub. L. 104-287, Sec. 5(85), Oct. 11, 1996, 110 Stat. 
3397.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 5(85)(A)

    This amends 49:47129(a)(1) to conform to the style of title 49.


                 Pub. L. 104-287, Sec. 5(85)(B) and (C)

    These set out the date of enactment of 49:47129.


                            Prior Provisions

    A prior section 47129 was renumbered section 47131 of this title.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-287, Sec. 5(85)(A), substituted 
``of this title'' for ``of this subtitle'' in introductory provisions.
    Subsec. (a)(4). Pub. L. 104-264 added par. (4).
    Subsecs. (b), (e)(2). Pub. L. 104-287, Sec. 5(85)(B), substituted 
``August 23, 1994'' for ``the date of the enactment of this section''.
    Subsec. (e)(3). Pub. L. 104-287, Sec. 5(85)(C), substituted ``August 
23, 1994'' for ``such date of enactment''.
    Subsec. (f)(2). Pub. L. 104-287, Sec. 5(85)(B), substituted ``August 
23, 1994'' for ``the date of the enactment of this section''.


                    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.
