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NOTICE OF A REGULAR MEETING AIRPORT ADVISORY BOARD

WEDNESDAY, AUGUST 29, 2018, 6:00 PM COUNCIL CHAMBERS

CITY HALL - 5803 THUNDIRBIRD ST.

NOTICE IS HEREBY GIVEN that the Airport Advisory Board of the City of Lago Vista, Texas will hold a meeting on the above date and time for discussion and action on the following:

PUBLIC COMMENTS FOR NON-HEARING RELATED ITEMS

CONSENT AGENDA

All matters listed in Item 1, Consent Agenda, are to be considered routine by the Committee and will be enacted by one motion. There will not be separate discussion on these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.

1. Consider Approval Of The Following Minutes:

May 31, 2018 Regular Meeting of the Airport Advisory Board

BUSINESS ITEMS

2. Discussion of proposed agreement between the city and the Rusty Allen Airport Property Owner's Association.

3. Staff updates on Airport maintenance issues and capital improvements, both current and near future (water well capping, windsock tower location, new paved "turnarounds" at the south end of both taxiways) .

4. Discussion of short-term and long-term plans for the use of the recently acquired property on the west side of the ramp.

5. Discussion of the desired goals of a special airport zoning district (relaxed or different building material requirements, noise abatement or avigation easement requirements, etc.) .

6. Discussion of Airport Action Plan and any potential amendments to its major recommendations.

rpo 'Box 4727, Lago vista, Texas 78645• (512) 267-1155• (512) 267-7070 :Jax 1Ve6site: w1vw. {agovistatexas.org

FUTURE AGENDA ITEMS

ADJOURNMENT

IT IS HEREBY CERTIFIED that the above Notice was posted on the Bulletin Board located in City Hall in said City at 11:30 a.m. on the 23rd day of August, 2018.

Sandra Barton, City Secretary

THE CITY OF LAGO VISTA IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE MODIFICATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST.

IN ADDITION TO ANY EXECUTIVE SESSION ALREADY LISTED ABOVE, THE BUILDING COMMITTEE RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED ABOVE, AS AUTHORIZED BY TEXAS GOVERNMENT CODE FOR THE FOLLOWING PURPOSES: §551.071: CONSULTATION WITH ATTORNEY; §551.072: DELIBERATIONS REGARDING REAL PROPERTY; §551.073: DELIBERATIONS REGARDING GIFTS AND DONATIONS; §551.074: PERSONNEL MATTERS; §551.076: DELIBERATIONS REGARDING SECURITY DEVICES; §551.087: DELIBERATIONS REGARDING ECONOMIC DEVELOPMENT NEGOTATIONS.

'PO 'Box 4727, Lago 'Vista, Texas 78645• (512) 267-11550 (512) 267-7070 :Jax li\1e6s-ite: 1v1111v. [agovistatexas.org

Consent Agenda

Draft Minutes

May 31, 2018 Regular Meeting

Minutes of the Airport Advisory Board Meeting on May 31, 2018

Present were members Glenn Chiappe, Tom Monahan, Howard Hoover, an Andrew Pennington. Also present were City Manager Josh Ray and City Council Liaison Kevin Sullivan. Absent were members D’Anne Gloris and Linda Bush-Warren.

Glenn Chiappe called the meeting to order at 6:10 p.m.

Approval of the minutes of the February 28, 2018 meeting was moved by Howard Hover and seconded by Tom Monahan. It passed unanimously.

Staff update was presented by Josh Ray, with assistance from Glenn Chiappe. New signs have been ordered. Upon inquiry by Howard Hoover it was clarified that new signs were ordered to replace current unreadable signs prohibiting unauthorized ground vehicles from entering the runway and to indicate overnight parking fees.

The Jim Awalt property has been purchased and Ken Sullivan explained the city-owned building, currently located on the Highland Lakes Golf Course will be moved to the airport. The lot is currently being prepared to receive the building. The money for moving and installing the building is included in an overall city budget for airport improvements. City Council will be asked to approve the expenditure of funds for this particular project. It will be used for a pilot lounge for transient aircraft. The goal is to make the airport friendlier to transient traffic, which will benefit the overall economy of the city.

The next item on the agenda was Capital improvement projects. The windsock foundation was discussed. Placement of the big windsock requires additional discussions with the Rusty Allen Airport POA members.

The next issue was paved tie-downs at the southwest corner of the airport property. Some board members feel that the money will be better spent by paving Lot 15 on the east side of the airport, which was recently acquired by the City. An amount of $40,000 has already been budgeted for this. Glenn Chiappe moved that lot 15 on the east side be paved for tie-down aircraft parking, that all funds previously allocated to paving the southeast corner be reallocated for this purpose, and that a gate be installed to limit incidental traffic. The motion was seconded by Elke Tessnow and passed unanimously.

James Peck reported on negotiation between the RAAPOA and the City regarding the Funding Agreement. Progress has been made, but some additional changes and legal opinions are required, before the POA is ready to accept the agreement. There is an open dialog between all interested parties. It may take up to 90 days to get the document ready for signature by the POA and the City. Glen Chiappe moved that the funding agreement be tabled for discussion at a later meeting. Howard Hoover seconded, and the motion passed unanimously.

Next topic was the Airport Rules and Regulation. The Board discussed the process of amending the ordinance. It is desirable for a statement be added that amendments

should be reviewed by the AAB prior to being adopted by the City Council. Howard Hoover moved that the wording of the second paragraph of Sec. 9.501 be changed accordingly. There was no second. Elke Tessnow moved that further discussion of Article 9.500 be tabled until our next meeting, to be taking place during the month of June, prior to making any recommendation to the City Council. Glenn Chiappe seconded the motion, which passed unanimously.

The next item on the agenda was the Airport Action Plan. Howard Hoover stated that he has many comments to make and we would need more time. No action was taken at this time. Howard Hoover moved to table - passed unanimously.

The board adjourned at 7:24 p.m. to go into Executive Session to consider acquisition of the Robert Michie property at the Airport entrance.

The meeting was called back to order at 7:37. No action was taken on the property acquisition.

The date of the next Board meeting was set for Wednesday, June 20, at 6:00 p.m. The Funding Agreement and Rules and Regulations will be on the agenda.

The meeting was adjourned at 7:50 p.m.

Respectfully submitted,

Elke Tessnow Secretary of the Board

Meeting Packet

Airport Advisory Board Regular Meeting

August 29, 2018

Proposed Agreement between the City and the Rusty Allen Airport Property Owner’s Association

CITY & POA AGREEMENT Staff Summary

Staff has included the POA drafted Funding Agreement and the City drafted Through the Fence (TTF)

Agreement in your agenda packet. We are requesting that the AAB consider both agreements and to

make a recommendation to the City Council for approval.

Staff has had discussions with the Ben Breck (TxDOT Aviation Planner), Wade Troth (TxDOT Aviation

Compliance Officer), and Gary Loftus (FAA Regional Compliance Officer) concerning this agreement. We

have included a brief explanation of their comments for your review.

Gary Loftus – All airports are unique. Tie down fees are an acceptable methodology for determining

charges for TTF users. It is his recommendation that we use the FAA template for drafting our through

the fence agreement. Fees should ensure fairness between all users of the airport. The law changed in

2012 dealing with FAA funded airports. Although existing agreements are recognized by the FAA, any

triggering events will require the Airport to come into compliance. (A triggering event was the City

requesting federal funds to acquire property).

Wade Troth – It is his recommendation that, if the FAA offers and recommends a TTF template, the City

should use the FAA template to draft our TTF agreement with the POA and with any users. When

requested to review the POA funding agreement, Wade commented “the document looks fine. Go

ahead and execute.” Wade has been out of the office and has not provided feedback on the FAA TTF

template.

Ben Breck – It is his recommendation that the City should use the TTF template to create an agreement

with the POA and any other users at the airport. It is important to set a fee structure that meets the

requirements of the FAA for grant assurances.

Comments from James Peck

‐ This agreement is an evolution and continuation of the same successful arrangement between

the Rusty Allen Airport Property Owner’s Association and the City of Lago Vista for the

preceding 20 plus years.

‐ Agreement has been custom tailored to detail and protect the unique relationship between the

RAAPOA and the City in ways a basic FAA template cannot cover for either party.

‐ Agreement has been reviewed and recommended by the RAAPOA board as well as appropriate

TxDOT Aviation Airport Compliance staff (entity responsible for our airport’s funding).

One note from the TTF agreement – we are proposing changing the monthly tie down fee to $40

(currently it is $50/month). This will allow the POA agreement to be based on a fee of

$40/month/member.

It is the responsibility of the owner of the airport to ensure that we are doing what is best for the airport

and to determine the policies, rules and procedures that govern its operations.

_________________________________________

Funding Commitment Agreement

Page 1 of 5

FUNDING COMMITMENT AGREEMENT FOR THE RUSTY ALLEN

AIRPORT BETWEEN THE CITY OF LAGO VISTA, TX AND RUSTY ALLEN

AIRPORT PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS

COUNTY OF TRAVIS

This Funding Commitment Agreement (the "Agreement") for the Rusty

Allen Airport is entered into and effective as of the 1st day of March, 2018, by and

between the City of Lago Vista, Texas, a Texas home-rule municipal corporation

(the "City"), as the owner of the Rusty Allen Airport (the "Airport"), and the Rusty

Allen Airport Property Owners Association, Inc., a Texas non-profit corporation

("RAAPOA"), who hereby contract, covenant and agree as follows:

Whereas, the City and RAAPOA entered into the Funding Commitment

and Agreement for the Rusty Allen Airport dated March 1, 1999 ; and

Whereas, the Funding Commitment and Agreement dated March l,

1999 expired on February 28, 2009; and

Whereas, the amended Funding Commitment and Agreement dated February 1,

2009 is set to expire in February 2019; and

Whereas, the City and the RAAPOA have discussed and agreed that the City will

be responsible for all services provided at the airport.

NOW THEREFORE, for and in consideration of the foregoing, together

with other good and valuable consideration, the terms, conditions and mutual

covenants listed in this Agreement:

Article 1.

Consideration and Services by City

Section 1. Airport Operation and Management. The City has established and

provided for the operation and management of the Airport. The City shall continue to

fund and provide for the operation, management and continuation of the Airport as

found appropriate from time to time, by the city council of the City.

Subject to annual appropriations, the City agrees to provide the following

services under normal conditions precluding the occurrence of any catastrophic event

including but not limited to:

1. Maintaining City owned runways, taxiways, airplane parking ramps and

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Page 2 of 5

car parking lots in an operable condition;

2. Mowing the grass on the City owned airport property in accordance with

city codes;

3. Maintaining and keeping all lighting in an operable condition to include

runway lights, rotating beacon, PAPI (precision approach path indicator)

and ramp lighting in accordance with FAA standards for day, night VFR

and IFR conditions and pay for the electricity to operate same; 4. Maintaining the AWOS (Automatic Weather Observing System) in an

operable condition and all associated equipment and paying for the

electricity and telephone service to operate same. In addition, keep and

pay for the AWOS maintenance agreement with TX DOT; and

5. Maintain drainage on City owned airport property in an operable manner.

Section 2. Capital Improvements. The City may, as appropriate in the

judgment of the city council, from time to time seek state and federal grants

for improvement of the Airport.

Article 2.

Consideration And Performance by the RAAPOA.

Section 1. Cancellation of Agreements. The RAAPOA agrees the

City's cancellation of the Lease and the O&M Agreement were material

benefits to the RAAPOA and continue as good and sufficient consideration for

the promises, covenants, agreements and commitments by the RAAPOA

pursuant to this Agreement. The RAAPOA further agrees the modifications and

amendments made to the First Agreement by this Agreement are good and

sufficient consideration for this Agreement.

Section 2. Operating Payments to City. The RAAPOA shall,

annually during the term of this Agreement, assess and collect funds and dues

from its property owners sufficient for RAAPOA to pay the annual fee provided

in Section 3 to be paid by RAAPOA to the City.

Section 3. Annual Maintenance Fee. The RAAPOA shall pay the City

the sum of Twenty Thousand Dollars ($20,000.00) (the “Annual Maintenance

Fee”) on or before July 1st each year during the term of this Agreement.

Such fee shall be used by the City to fund and pay a portion of the annual

operating and maintenance expenses of the Airport, runways and taxiways.

Section 4. Cost of Improvements. Nothing herein, shall preclude the

City from funding Capital Improvement on or around the Airport which are not

supported by grants or that may be funded in entirety by the City; however, all

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Page 3 of 5

Capital Improvements undertaken at the Airport are subject to the approval of the

City. Notwithstanding the foregoing, RAAPOA shall not be directly responsible for the

funding of Capital Improvements unless said improvements are agreed to in writing to be

directly funded by RAAPOA in advance of initiation of same.

Section 5 . Collection of Funds. The RAAPOA shall, during the term of

this Agreement, use all reasonably available lawful means, including but not limited

to filing suit, enforcement of liens, foreclosure and denial of membership privileges,

to collect from its members funds sufficient to meet its obligations pursuant to this

Article 2. RAAPOA shall make assessment on each property within RAAPOA, said

assessments shall be levied and collected pursuant to RAAPOA Covenants, Conditions

and Restrictions, the Bylaws and all amendments thereto.

Section 6. City Owned Lots. Any lots purchased by the City will not be

subjected to the annual RAAPOA property dues. Per the annual meeting on 24 March

2018, action was taken to remove City owned/purchased lots from the RAAPOA.

Article 3.

General Provisions.

Section 1. Term. The term of this Agreement shall be forty-eight (48) months

beginning upon the ____ day of March, 2018, and expiring at 12:00 P.M. local time on

the last day of February 2022, and for successive like periods unless terminated with

written notice by either party served ninety (90) days before the end of the current term. If

either party hereto desires to renew this Agreement but believes that the Annual Maintenance

Fee requires adjustment, said party shall provide notice as stated herein, to the other, that an

adjustment is desired. The parties hereto shall work diligently to reconcile an adjustment to

the Annual Maintenance Fee, however any adjustment shall not be increased in excess of a

percentage equal to the percentage increase, if any, in the Consumer Price Index (as

hereinafter defined) published on the date closest to the date of expiration of the Term. As

used herein, the term “Consumer Price Index” shall mean the Consumer Price Index for the

group labeled “Urban Wage Earner’s and Clerical Workers” in the table entitled “Consumer

Price Index: United States City Average” published from time to time by the United States

Department of Labor, Bureau of Labor Statistics.

Section 2. City Funding. Any and all funding by the City of Lago Vista

under this agreement is subject and limited to annual appropriations as approved

by the City Council. If for any fiscal year the City does not appropriate funds

sufficient in the judgment of the City Council to perform the City's obligations

under Article 1, Section 1, and the RAAPOA may terminate this Agreement.

If the city materially reduces or does not provide the services listed in

Article 1, Section 1, the Annual Maintenance Fee as defined in Article 2, Section

3, shall be amended accordingly.

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Page 4 of 5

Section 3. Airport Property. All properly, real or personal, and all assets,

equipment, furniture and fixtures presently or hereafter located on the grounds and

properly of the Airport shall, as between the City and the RAAPOA, be and remain

the property of the City. All assets, equipment, furniture, fixtures and supplies

purchased with funds and monies paid by the RAAPOA to the City pursuant to this

Agreement shall be and become assets and property of the City immediately upon

the purchase or other acquisition of such assets or property.

Section 4. Entire Agreement. This Agreement embraces the entire

agreement between the parties hereto and no statement, remark, agreement, or

understanding either oral or written, not contained herein shall be recognized

or enforced, except that this Agreement may be modified by a written addendum

by and between the City and the RAAPOA. Effective as of the date of the

execution of this Agreement by both parties, all other contracts, agreements and

leases by and between the City and the RAAPOA are cancelled.

Section 5. Miscellaneous. (a) For the purpose of this Agreement, the

singular number shall include the plural and the masculine shall include the

feminine and vise-versa, whenever the context so admits or requires.

(b) The captions and headings are inserted solely for convenience of

reference and are not part of nor intended to govern, limit, or aid in the

construction of any provision hereof.

(c) The parties to this Agreement acknowledge and agree that they

are the principals to the Agreement and have the power, right, and

authority to enter into this Agreement and are not acting as an agent for

the benefit of any third party.

(d) This Agreement shall be governed by the laws of the State of

Texas and construed thereunder and venue of any action brought under

this document shall be in Travis County, Texas.

(e) If any section, paragraph, sentence, or phrase entered in this

Agreement is held to be illegal or unenforceable by a court of competent

jurisdiction, such illegality or unenforceability shall not affect the

remainder of this Agreement which can be given effect without the

illegal or unenforceable section, paragraph, sentence, or phrase and to

this end, the provisions of this Agreement are declared to be severable.

(f) The recitals hereinabove are incorporated herein and made a part of

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Page 5 of 5

this contract.

(g) Save and except for conduct, e.g. intentional wrongful action, that

may not be insured against, or that is commonly excepted from

insurance coverage, the City shall be solely responsible for any

liabilities or claims that may arise from or with respect to the

performance, or non-performance, of the duties and responsibilities of

the Parties with respect to the operation and maintenance of the Airport;

provided that this provision shall not be construed to create, establish or

support any benefit, right or claim for or on behalf of any third party.

This provision is solely for the benefit of the City and the RAAPOA,

and the City will obtain and maintain such liability insurance or risk pool

coverage as the City finds necessary and reasonable to insure the City and

its officers and employees against any claim or cause of action arising out

of the operation and maintenance of the Airport.

EXECUTED and effective, as of the _____ day of M a r c h 2018.

City of Lago Vista, Texas

Mayor Ed Tidwell

Rusty Allen Airport Property

Owners Association

President

THROUGH THE FENCE AIRPORT ACCESS AGREEMENT

This Through The Fence Airport Access Agreement (“Agreement”) is made and entered into this

5th day of September, 2018, by and between the City of Lago Vista Rusty Allen Airport, a municipal

subdivision of the State of Texas (referred to as “Lago Vista” or “Owner”), and Rusty Allen Airport

Property Owners Association, Inc., a Texas non‐profit corporation (“RAAPOA” or “User”).

This Agreement incorporates and is based upon the following representations and understandings:

WHEREAS, the City of Lago Vista is the owner and operator of the Rusty Allen Airport, located in

the County of Travis, State of Texas, with the power to grant rights and privileges with respect to the

Airport, pursuant to the provisions of the Texas Code, among other federal, state, and local laws, rules

and regulations; and

WHEREAS, the Rusty Allen Airport Property Owners Association owns represents owners who

own real property immediately adjacent to the physical property of the Airport; and

WHEREAS, the RAAPOA seeks the right to taxi aircraft from their property “through the fence”

to the Airport property and to its runway and taxiway system; and

WHEREAS, the parties desire to enter into this Agreement to comply with the FAA

Modernization and Reform Act of 2012 (P.L. 112‐95) section 13 that permits general aviation airport

sponsors to enter into residential through‐the‐fence agreements with property owners or associations

representing property owners provided these agreements comply with certain conditions set forth in

this Agreement;

NOW, therefore and in consideration of the mutual terms and conditions hereinafter set forth,

the Owner and User hereby agree to the following:

ARTICLE I – PROPERTY WITH RIGHT OF ACCESS

Legal description of property with right of access: All properties included in the RAAPOA which are

adjacent to the Rusty Allen Airport Property.

ARTICLE II – TERM OF AGREEMENT

The term of this Access Agreement shall commence on 6 September, 2018, and shall continue for a 4‐

year period, through and including 5 September, 2022. Upon the consent of the Owner, this Access

Agreement may be renewed, subject to any changes deemed necessary by the Owner, for five (5)

additional terms.

ARTICLE III – PROHIBITIONS

1. No Commercial Aeronautical Uses: User shall not permit any person or entity to engage in any

temporary or permanent commercial aeronautical activity on the land owned by the User

described herein above without appropriate permits issued by the Owner. This prohibition

includes the following but is not limited to any activity or service for compensation, exchange,

trading, buying, selling, or hire or any other revenue producing activity whether or not a profit is

derived, which makes possible, or is required for the operation of an aircraft, or contributes to

or is required for, the safety of such operations.

Owner may allow commercial leases of User property if the commercial tenants enter into

individual TTF Access Agreements with the Owner.

2. Sale of Aviation Fuels Prohibited: User shall not permit any person or entity to sell aviation fuels

on land owned by User described herein above which the Owner is already providing.

3. Prohibitions and Restrictions on Access: The User is specifically prohibited from granting or

selling any access/egress to the Airport through the aforementioned property to any other

parties. This restriction also includes the User taking reasonable precautions acceptable to the

Owner to prevent the accidental access to the Airport by vehicles, pedestrians, pets, etc.

ARTICLE IV – ACCESS FEE TO OWNER

User agrees to pay the access fees to the Owner:

1. Owner’s Basis for Access Fee: The access fee is based on the rates and charges of other on‐

airport tenants and operators making similar use of the airport. For the purposes of this

agreement, the access fee is based on the tie‐down rental fee which is $40/month. This

rental fee is subject to annual adjustments that should not be greater than the Consumer

Price Index percentage increase as designated for the period of which the current term is set

to expire.

2. User’s Access Fee: Based upon the forgoing rate outlined above, the access fee to be paid is

$37,440/year on 1 July. This fee will be increased in accordance with the on airport fees

outlined above through the term of this agreement.

3. Payment: All payments required to be made by User under this Agreement shall be made

payable to the Owner, and shall be delivered or mailed to the address below:

City of Lago Vista

Rusty Allen Airport

5803 Thunderbird

Lago Vista, TX 78645

4. Penalty for Late Payment: Owner will assess a late penalty of $25 for every day User fails to

remit payment 7 calendar days after the payment date described above.

ARTICLE V – CONSTRUCTION AND MAINTENANCE OF PRIVATE‐USE INFRASTRUCTURE

It is understood and agreed that the User shall construct all private‐use infrastructure, required and

acceptable to the Owner, at User’s sole cost and expense. All required private‐use infrastructure such as

taxiway, fence, sign(s), taxiway lights, gates, security controls, etc., shall be listed and depicted in Exhibit

1 to this agreement. Accordingly, User covenants and agrees as follows:

1. Construction and Maintenance: To construct the private‐use infrastructure on the User’s or

Owner’s property as may be required. All construction on Owner’s property must be

approved by Owner prior to the commencement of construction. During the term of this

Agreement, User shall also be solely responsible for all maintenance (snow removal, utility

costs, turf or pavement maintenance, pavement markings, etc.) of said private‐use

infrastructure and shall at all times maintain it in good repair.

2. Construction Costs: Notwithstanding anything herein contained to the contrary, User

expressly agrees to pay any and all costs associated with private‐use infrastructure (taxiway,

fence, signs, taxiway lights, electrical power, gates, security controls, etc.) required by the

Owner. These costs are in addition to the access fees described above.

ARTICLE VI – AGREEMENT SUBORDINATE TO GRANT ASSURANCES, AGREEMENTS with UNITED STATES

AND FEDERAL OBLIGATIONS.

This agreement shall be nonexclusive and shall at all times be subordinate to the provisions of any

existing or future agreements between the Owner and the United States Government, or to any order

issued by the United States Government, or to any grant assurances of the Airport, or to any of the

Airport’s or the Owner’s Federal obligations.

The User agrees to abide by the Airport Rules and Regulations in effect as of the date of this agreement

and as may be amended from time to time.

ARTICLE VII – TERMINATION OF AGREEMENT

1. Events of Default by User: Owner, at its option, may declare this Agreement terminated in its

entirety upon the happening of any one or more of the following events and may exercise all

rights related to the termination of this Agreement:

a. The User access fees outlined in Article IV, or any part thereof, are unpaid for 30 days, or

b. If User shall file a voluntary petition in bankruptcy, or make a general assignment for the

benefit of creditors, or if the User is adjudicated as bankrupt, or User otherwise assigns or

attempts to assign its interest herein without the required prior written consent of Owner;

or

c. If User shall use or permit the use of the User’s premises at any time for any purpose which

is not authorized by this Agreement, or if User shall use or permit the use thereof in

violation of any law, rule or regulation (including the airport rules and regulations), to which

the User has agreed to conform; or

d. User fails to meet any term or condition of this agreement.

2. Notice of Default: If the User shall default in the performance of any other term of this

Agreement (except the payment of fees), then the Owner shall send to the User a written notice

of default, specifying the nature of the default, and User shall, within thirty (30) days after the

date of the notice, cure and remedy the default, and this Agreement shall then continue as

before.

a. If the User shall fail to timely cure and remedy such default, the Owner shall have the right

to declare, by written notice to the User, that the User is in default, and to use all remedies

available to the Owner under this Agreement. However, if by its nature, such default cannot

be cured within such thirty (30) day period, such termination shall not be effective if the

defaulting party commences to correct such default within said thirty (30) days and corrects

the same as promptly as reasonably practicable.

b. Termination of this Agreement for non‐payment of fees to Owner by User shall not become

effective until after the expiration of fifteen (15) days written notice thereof by Owner to

User and User fails to pay all monies owed fully within said period.

ARTICLE VIII – NOTICES

1. Notice/Addresses: All notices, requests, or other communications, required or permitted to

be given hereunder shall be in writing and delivered by certified or registered mail,

addressed to the appropriate party at its address as follows:

City of Lago Vista

Rusty Allen Airport

5803 Thunderbird


512.267.1155

Rusty Allen Airport Property Owners Association


512.

IN WITNESS WHEREOF, the parties have executed these presents by their duly authorized officers.

OWNER:

City of Lago Vista

___________________________ Signature

___________________________ Print

___________________________ Date USER:

Rusty Allen Airport Property Owners Association

___________________________ Signature ___________________________ Print

___________________________ Date

Federal Aviation Administration

Memorandum Date: July 16, 2013

To:

From:

AC0-1 00, Regional and Airports District Office Managers and Compliance

Specia~~ Ran~lS.'Fiertz, Director, Airport Compliance and Management Analysis

Subject: Compliance Guidance Letter 2013 -01 - FAA Review of Existing and Proposed Residential Through-the-Fence Access Agreements

I. SUMMARY AND DEFINITIONS: This Compliance Guidance Letter (CGL) replaces and supersedes the guidance issued on March 21,2011 (Compliance Guidance Letter 2011-1- FAA Implementation of Interim Policy Regarding Access to Airports From Residential Property and Review of Access Arrangements 1

). The purpose of this CGL is to provide guidance to FAA's Airports personnel responsible for reviewing existing and proposed residential through-the-fence access agreements.

On February 14,2012, the FAA Modernization and Reform Act of2012 was signed into law (P.L. 112-95). Section 136 ofthis law states:

... a sponsor of a general aviation airport shall not be considered to be in violation of this subtitle, or to be in violation of a grant assurance made under this section or under any other provisions of law as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor enters into an agreement that grants to a person that owns residential real property adjacent to or near the airport access to the airfield of the airport for the following: (A)Aircraft of the person. (B) Aircraft authorized by the person.

In addition, this law outlines specific conditions and limitations that must be in the access agreement. Beginning on October 1, 2014, an airport sponsor with an existing residential through-the-fence access arrangement will be required to demonstrate evidence of compliance with this law. Specifically, these airport sponsors are required to update their airport layout plans to depict points of residential through-the-fence access and provide a copy or copies of their access agreements to demonstrate the sponsor's compliance with the law.

1 Compliance Guidance Letter 2011 -1 is no longer in use and is not currently available on the FAA's Web site. To obtain a copy of this guidance, contact AC0-100 at (202) 267-3085.

2

For the purposes of this CGL, the following definitions apply:

Airport Property – All real property identified on the airport sponsor’s most recent

Exhibit A, on file with FAA for the airport.

Access – An access point for taxiing aircraft across the airport boundary; or the right of

the owner of a particular off-airport residential property to use an airport access point to

taxi an aircraft between the airport and that property.

Access Agreement – A written agreement between an airport sponsor and a residential

property owner or an association representing residential property owners that prescribes

the rights, responsibilities, charges, duration, and other terms the airport sponsor

determines are necessary to establish and manage the airport sponsor’s relationship with

the residential property owner.

Commercial Service Airport – A public airport in a State that the Secretary determines

has at least 2,500 passenger boardings in each year and is receiving scheduled passenger

aircraft service.

Existing Access – Any residential through-the-fence access arrangement certified to the

FAA in response to CGL 2011-1.

Extend an Access – An airport sponsor’s consent to renew or extend an existing right to

access the airport from residential property or property zoned for residential use.

General Aviation Airport – A general aviation airport as defined at 49 U.S.C., § 47102(8)

as a public airport in a State that does not have commercial service or has scheduled

service with less than 2,500 passenger boardings each year. This definition excludes

privately-owned reliever airports.

New Access – Any residential through-the-fence access arrangement executed on or after

February 14, 2012.

Privately-Owned Reliever Airport – A privately-owned airport the Secretary designates

to relieve congestion at a commercial service airport and to provide more general aviation

access to the overall community.

Residential Property – A piece of real property used for single- or multi-family

dwellings; duplexes; apartments; primary or secondary residences even when co-located

with a hangar; hangars that incorporate living quarters for permanent or long-term use;

and time-share hangars with living quarters for variable occupancy of any term.

Transfer of Access – Sale or transfer of a residential property or property zoned for

residential use with existing through-the-fence access; or subdivision, development or

sale as individual lots of a residential property or property zoned for residential use with

existing through-the-fence access.

3

Triggering Event – An action that requires the airport sponsor to update its residential

through-the-fence access plan or resubmit an access agreement review sheet prior to the

expiration of the accepted access plan/agreement. (See section IV.A.3)

The following actions are triggering events at commercial service airports:

1. Development of an airport master plan or an update to an existing

master plan.

2. Significant revisions to an airport layout plan, such as changes to a

runway’s length, width or pavement strength; revised taxiway(s); change in

design aircraft; change in runway approach procedures; land acquisition;

new or modified aircraft hangar/parking areas; etc.

3. Requests for Federal participation in land acquisition.

4. Identification of a safety concern.

5. Substantial changes to the access agreement.

The following action is a triggering event at general aviation airports:

1. Substantial changes to the access agreement.

II. BACKGROUND: On March 14, 2011, FAA amended Grant Assurance 5, Preserving

Rights and Powers, to prohibit new residential through-the-fence access arrangements and

published an interim policy to address existing residential through-the-fence access.2 The

interim policy required all AIP grant-eligible airport sponsors to certify their status. Those

sponsors with existing access agreements were directed to depict their residential through-the-

fence access points on their airport layout plan (ALP) and develop access plans to address:

General Authority for Control of Airport Land and Access;

Safety of Airport Operations;

Recovery of Costs of Operating the Airport;

Protection of Airport Airspace; and

Compatible Land Uses Around the Airport.

The self-certification process identified 121 existing residential-through-fence agreements. This

chart identifies the number of existing residential through-the-fence agreements by type of

airport in each region.

FAA Region Number of Existing Residential

Through-the-Fence Access Agreements GA Airports Commercial Service Airports Total

Alaska 4 1 5

Central 7 0 7

Eastern 13 0 13

Great Lakes 23 1 24

New England 6 0 6

Northwest Mountain 31 2 33

Southern 12 0 12

Southwest 12 0 12

Western Pacific 9 0 9

Total 117 4 121

2 See 76 Fed. Reg. 15028 (March 18, 2011).

4

On February 14, 2012, the FAA Modernization and Reform Act of 2012 was signed into law

(P.L. 112-95). Section 136 of this law permits general aviation airport sponsors, as defined in

the statute, to enter into residential through-the-fence agreements with property owners or

associations representing property owners. This must be a written agreement that requires the

property owner to:

Pay access charges that the sponsor determines to be comparable to those fees charged to

tenants and operators on-airport making similar use of the airport;

Bear the cost of building and maintaining the infrastructure the airport sponsor

determines is necessary to provide access to the airfield from property located adjacent to

or near the airport;

Maintain the property for residential, noncommercial use for the duration of the

agreement;

Prohibit access to the airport from other properties through the property of the property

owner; and

Prohibit any aircraft refueling from occurring on the property.

In order to implement this law, FAA issued an amendment to the sponsor assurances on April 10,

2012.3 Grant Assurance 5(g) now states:

Sponsors of commercial service airports will not permit or enter into any

arrangement that results in permission for the owner or tenant of a property used

as a residence, or zoned for residential use, to taxi an aircraft between that

property and any location on airport. Sponsors of general aviation airports

entering into any arrangement that results in permission for the owner of

residential real property adjacent to or near the airport must comply with the

requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

Grant Assurance 29, Airport Layout Plan, has been amended to require all proposed and existing

access points used to taxi aircraft across the airport property boundary be depicted on the ALP.

On July 30, 2012, FAA published a notice in the Federal Register proposing to rescind the

interim policy on residential through-the-fence access to federally-obligated airports for general

aviation airports and proposing to finalize the interim policy for the four commercial service

airports with existing access.4 This notice also explained how FAA proposes to implement

section 136. The FAA accepted comments on its interpretation of the law and the proposed

policy. On July 16, 2013, FAA published a notice in the Federal Register responding to the

comments, explaining its interpretation of the law, and finalizing its policy with regard to

commercial service airports.5

III. PROPOSED INTERPRETATION OF THE LAW:

A. Enforcement: The FAA interprets the inclusion of specific terms and conditions as

Congress’ intent for the FAA to enforce section 136 of P.L. 112-95 accordingly. In

3 See 77 Fed. Reg. 22376 (April 13, 2012).

4 See 77 Fed. Reg. 44515 (July 30, 2012).

5 See 78 Fed. Reg. 42419 (July 16, 2013).

5

its implementation, FAA will ask airport sponsors to demonstrate their compliance

with the law. Airport sponsors with existing access must provide evidence of

compliance no later than October 1, 2014. Airport sponsors of general aviation

airports proposing to establish new access agreements must provide evidence of

compliance prior to establishing an access point. The FAA acknowledges that its

approach to sponsors with existing access will be different than the posture taken with

sponsors of general aviation airports proposing to establish new agreements. This is

because airport sponsors with existing agreements may have ceded important rights

and powers through the execution of these existing agreements, and their ability to

comply with the terms and conditions of the law may be severely hampered. The

FAA intends to address such situations on a case-by-case basis. General aviation

airports proposing to establish new agreements must comply with the terms and

conditions contained in section 136 of P.L. 112-95; the FAA will not waive these

terms and conditions for new agreements.

B. Applicability: The definition of “general aviation airport” included in the statute

excludes privately-owned reliever airports. The FAA has identified seven privately-

owned reliever airports with existing residential through-the-fence access agreements.

In implementing section 136 of P.L. 112-95, FAA will grandfather these airports and

treat them in a manner similar to publically-owned general aviation airports.

However, going forward, FAA will apply the statutory prohibition on privately-

owned general aviation airports and disallow these airports from entering into new

residential through-the-fence agreements.

C. Commercial Activities: Section 136 of P.L. 112-95 states that residential property

owners must maintain their property for residential, noncommercial use for the

duration of the agreement. The FAA interprets this as a prohibition on commercial

aeronautical services offered by residential through-the-fence users or any third

parties that might compete with on-airport aeronautical service providers. In

implementing this provision, FAA will limit the scope of this condition to

commercial aeronautical activities only. The FAA will not concern itself with

unrelated commercial activities that may be permitted by local regulation.

D. Existing Mixed-Use Properties: The FAA is aware of some existing residential

through-the-fence agreements that permit the co-location of homes and aeronautical

businesses (mixed-use properties). In these cases, FAA will require airport sponsors

to execute two separate agreements with the homeowner. One agreement must

address the duration, rights, and limitations of the homeowner’s residential through-

the-fence access, and the second agreement must be consistent with FAA’s current

policies on commercial through-the-fence activities and ensure the off-airport

business does not result in unjust economic discrimination for on-airport aeronautical

service providers. The FAA encourages sponsors with mixed-use properties to adopt

long-term plans to relocate the off-airport commercial aeronautical activity onto the

airport when feasible and practicable to do so. Going forward, airport sponsors

proposing to establish a residential through-the-fence arrangement must meet the

statutory terms and conditions, including the prohibition on using the residential

property for commercial aeronautical use. New agreements proposing to co-locate or

6

mix residential and commercial aeronautical activities would not be consistent with

the law.

E. Authorized Access: Section 136 of P.L. 112-95 states that residential property

owners must prohibit access to the airport from other properties through the property

of the property owner. The FAA interprets this as a prohibition on unauthorized

access to the airport; this condition does not necessarily prescribe a scenario in which

all residential through-the-fence users must have their own dedicated access point to

enter the airport. Compliance with this condition will require access agreements

stipulate that residential through-the-fence access agreement holders are prohibited

from permitting unauthorized users (any individual not a party to an access agreement

with the airport sponsor) to pass through or “piggy back” on their access in order to

enter the airport. The FAA expects airport sponsors to establish their own policies,

restrictions, and/or requirements to be imposed on fly-in guests who taxi from the

airport to visit off-airport residents. Going forward, FAA will encourage sponsors of

general aviation airports proposing to establish new residential through-the-fence

agreements to limit the number of access points in a manner that is consistent with

airport planning practices.

F. Fueling: Section 136 of P.L. 112-95 states that residential property owners must

prohibit any aircraft refueling from occurring on the property. The FAA interprets

this as a prohibition on the sale of fuel from residential property. The FAA will not

concern itself with self-fueling activities which may be permitted by local regulation.

G. Duration of Agreements: Section 136 of P.L. 112-95 does not specify or limit the

duration of agreements for residential through-the-fence access. Therefore, FAA will

not require these agreements contain any specific limitation on the duration.

IV. PROPOSED IMPLEMENTATION: For the purposes of this CGL, state block grant

program participants must implement the same actions as an FAA Airport District Office (ADO).

The tools referenced below are listed in Appendix A; the internal toolkit is located at

Q:\National\ACO-100\RTTF Toolkit and the external toolkit is located at

http://www.faa.gov/airports/airport_compliance/residential_through_the_fence/.

A. Existing Access:

1. Notification: ADOs are required to notify airport sponsors with existing access

about the statutory requirements contained in P.L. 112-95, the revised guidance

for the review of access agreements, and the timeline for compliance with the law.

Notification must occur by August 30, 2013. A sample notification letter is in the

internal electronic toolkit. (See Appendix A)

2. Airport Layout Plan: The sponsor assurances require all proposed and existing

access points used to taxi aircraft across the airport property boundary to be

depicted on the ALP. Sponsors with existing access are required to update their

airport layout plan (ALP) to identify the locations on the airport boundary that

http://www.faa.gov/airports/airport_compliance/residential_through_the_fence/

7

serve as points of access for off-airport residents. A temporary designation

through a pen and ink change6 is acceptable until an ALP is updated.

3. FAA Review of Access Agreements and Acceptance of Access Plans:

a. General Aviation Airports and Privately-Owned Reliever Airports: Access

agreements submitted by sponsors of general aviation airports and privately-

owned reliever airports with existing access will be reviewed by ADOs and

Regional Offices. Regional Offices will determine if access agreements

submitted by sponsors of general aviation airports and privately-owned

reliever airports effectively address the terms and conditions contained in P.L.

112-95. This is discussed further in section V below.

b. Commercial Service Airports: Access plans submitted by sponsors of

commercial service airports with existing access will be reviewed by ADOs,

Regional Offices, and ACO-100. ACO-100 will accept access plans

submitted by sponsors of commercial service airports with existing access

which effectively address the terms and conditions contained in P.L. 112-95

and are consistent with the sponsor assurances. This is discussed further in

section V below.

The FAA’s review of an access agreement and its acceptance of an access plan is

valid for a period not to exceed 20 years or until a triggering event occurs.7

4. Evidence of Compliance: Airport sponsors with existing residential through-the-

fence agreements must provide evidence of compliance no later than October 1,

2014. Although the terms and conditions outlined in Sec. 136 of P.L. 112-95

became effective on February 14, 2012, FAA recognizes that airport sponsors

may need time to amend existing residential through-the-fence agreements to

reflect these requirements.

In most cases, FAA will define evidence of compliance as the airport sponsor’s

submission of documentation as outlined in Appendix C and E. ADOs have the

flexibility to apply their knowledge of the airport sponsor’s particular situation

when recommending to the Regional Office or ACO-100 a finding that the

sponsor has demonstrated evidence of compliance. To ensure efficient review

and approval, ADOs should encourage airport sponsors with existing residential

through-the-fence access agreements to complete and submit their documentation

180 days before it is due.

Failure to establish evidence of compliance may result in further compliance

action.

6 When the FAA receives an ALP depicting existing residential through-the-fence access points, the FAA will

accept those access points as “pen and ink changes” to the ALP. No environmental analysis is required. 7 This does not prevent sponsors of general aviation airports from contemplating or executing residential through-

the-fence agreements for a term which exceeds 20 years. This simply states FAA’s desire to review these

arrangements every 20 years or when a triggering event occurs.

8

5. Monitoring: ADOs are responsible for tracking the submission of access

agreements and access plans by airport sponsors covered in their jurisdiction.

ADOs are strongly encouraged to utilize the sample letters contained in the

internal electronic toolkit to remind sponsors of their due date. Regional Offices

and ACO-100 will track the FAA’s acceptance of access plans. ACO-100 has

created a spreadsheet to monitor this activity. The spreadsheet is in the internal

electronic toolkit. ADOs or Regional Offices must update the spreadsheet on a

periodic basis as information is sent to and received from airport sponsors.

Regional offices are required to update the spreadsheet and notify ACO-100 each

time a residential through-the-fence agreement is accepted. Regional offices are

also required to scan and save a copy of all correspondence related to the review

in their regional folder in the internal toolkit.8

6. Triggering Events: If the ADO becomes aware of a triggering event, the ADO

must notify the airport sponsor of the need to resubmit its access agreement or

update its access plan. AIP grants issued to sponsors of commercial service

airports with existing access for development of an airport master plan or master

plan update should include a special condition requiring the airport sponsor to

update its access plan as part of its planning process. AIP grants for projects that

will result in a significant change to the airport such as changes to the runway’s

length, width or pavement strength; revised taxiway(s); change in design aircraft;

change in runway approach procedures; new or modified aircraft parking area(s)

etc. or land acquisition must not be issued prior to FAA review of an updated

access plan.

B. New Access: Prior to establishing a new access point, sponsors of general aviation

airports must submit an updated ALP for FAA review, and a copy of the (draft)

access agreement and access agreement review sheet. The FAA will review the

(draft) access agreement as part of the ALP review. However, ADOs may not sign an

updated ALP depicting a new residential through-the-fence access point before the

FAA has confirmed that the (draft) access agreement will comply with the law.

Before unconditionally approving an ALP depicting a new residential through-the-

fence access point, the ADO must comply with the National Environmental Policy

Act (NEPA) and any applicable Federal environmental laws, regulations and/or

orders. ADOs should discuss the proposed ALP changes with the sponsor and

determine the environmental review required.

In accordance with Grant Assurance 5(g) sponsors of commercial service airports

may not enter into new residential through-the-fence agreements. Privately-owned

reliever airports are also prohibited from establishing new residential through-the-

fence access agreements.

8 This includes the access agreement(s), access agreement review sheet(s), access plans if required, the ADO’s

memo to the Regional Office, and associated memos/correspondence sent by the Regional Office. Regional offices

are not required to save ALPs as part of an airport sponsor’s residential through-the-fence access package. Each

package should be saved and named with the airport’s location identifier and the date it was accepted by the Region

(e.g., ABC 10-1-13).

9

ADOs are responsible for tracking the submission of requests to establish new

residential through-the-fence access agreements by airport sponsors covered in their

jurisdiction. ADOs are strongly encouraged to utilize the sample letters contained in

the internal electronic toolkit. Regional Offices and ACO-100 will track the FAA’s

acceptance of ALPs proposing new residential through-the-fence access

arrangements. ACO-100 has created a spreadsheet to monitor this activity. The

spreadsheet is in the internal electronic toolkit. ADOs or Regional Offices must

update the spreadsheet on a periodic basis as information is sent to and received from

airport sponsors. Regional offices are required to update the spreadsheet and notify

ACO-100 each time an ALP depicting a new residential through-the-fence access

arrangement is accepted. Regional offices are also required to scan and save a copy

of all correspondence related to the review in their regional folder in the internal

toolkit.9

C. Oversight: ACO-100 will conduct periodic program audits to ensure FAA staff

complies with the review process outlined in this CGL.

V. CONTENT AND FAA REVIEW OF ACCESS AGREEMENTS AND ACCESS

PLANS: The law places specific terms and conditions on residential through-the-fence access

agreements. All access agreements and access plans must effectively address these terms and

conditions; the FAA cannot waive or modify these terms. The FAA’s planned process for

implementing the law and reviewing access plans in the future is graphically depicted in

Appendix B.

A. General Aviation Airports and Privately-Owned Reliever Airports with Existing

Access: General aviation airports and privately-owned reliever airports with existing

residential through-the-fence access agreements must submit a copy or copies of their

access agreements and complete the access agreement review sheet contained in

Appendix C. If the airport sponsor has entered into identical agreements with

numerous residential through-the-fence users, only one copy of that agreement and

one access review sheet must be submitted. If the airport sponsor has entered into

different agreements with residential through-the-fence users, the airport sponsor

must submit a copy of each different agreement with a separate access agreement

review sheet.

Although general aviation airports and privately-owned reliever airports are not

required to develop mitigation measures to ensure consistency with their sponsor

assurances, FAA strongly encourages airport sponsors to thoroughly evaluate how

these agreements may impact the sponsor’s ability to meet its Federal obligations.

The FAA is not precluded from investigating a potential grant assurance violation

associated with or resulting from an airport sponsor’s residential through-the-fence

arrangement.

9 This includes the access agreement(s), access agreement review sheet(s), the ADO’s memo to the Regional Office,

and associated memos/correspondence sent by the Regional Office. Regional offices are not required to save ALPs

as part of an airport sponsor’s residential through-the-fence access package. Each package should be saved and

named with the airport’s location identifier and the date it was accepted by the Region (e.g., ABC 10-1-13).

10

ADOs will review access agreements submitted by general aviation airports and

privately-owned reliever airports with existing access. The ADO will conduct its

review of the plan using the checklist contained in Appendix D of this CGL.

Complete and acceptable submissions should be reviewed within 60 days of receipt.

The ADO may request an airport sponsor provide more detailed information or

amend its agreement if the access agreement does not meet the requirements of the

law. Once the ADO has completed its review, the ADO will forward the access plan

to the Region under a cover memo.

A second review will be conducted by the Regional Office. The Regional Office will

conduct its review of the plan using the checklist contained in Appendix D of this

CGL. Complete and acceptable submissions should be reviewed within 60 days of

receipt. The Regional Office may request an airport sponsor provide more detailed

information or amend its agreement if the access agreement does not meet the

requirements of the law. If the Regional Office finds the access agreement does not

effectively address the statutory requirements contained in the law, the Regional

Office will forward the access agreement to ACO-100 under a cover memo.

ACO-100 will only review access agreements for general aviation airports with

existing access when a Regional Office cannot verify that the agreement complies

with the statutory requirements contained in the law. Should this occur, ACO-100

will work with the airport sponsor to identify alternative methods of compliance, on a

case-by-case basis, and report these issues to interested Congressional Committees.

If ACO-100 and the airport sponsor cannot identify any actions to effectively address

the statutory requirements contained in the law, ACO-100 may review the matter for

further compliance action. ACO-100 will notify the airport sponsor, the Regional

Office, and the ADO of its action.

Access agreements which effectively address the statutory requirements contained in

the law will be accepted by the Regional Office. The Regional Office will notify the

airport sponsor, the ADO, and ACO-100 of its action. The internal electronic toolkit

contains a sample cover memo and sample letters. (See Appendix A)

B. Commercial Service Airports with Existing Access: Access plans developed by

sponsors of commercial service airports with existing residential through-the-fence

access agreements must address the statutory requirements contained in the law and

ensure consistency with their grant assurances as described in Appendix E. Sponsors

of commercial service airports with existing access must demonstrate that the access

arrangement does not impede the airport sponsor’s current or future compliance with

its sponsor assurances. In some cases, the airport sponsor may propose mitigation

measures intended to address the potential for noncompliance in the future. The FAA

can work with airport sponsors to identify appropriate mitigation measures to address

concerns related to current and future consistency with the sponsor assurances.

However, FAA is not precluded from investigating a potential grant assurance

violation associated with or resulting from an airport sponsor’s residential through-

the-fence arrangement.

11

ADOs will review access plans submitted by commercial service airports with

existing access. The ADO will conduct its review of the plan using the checklist

contained in Appendix F of this CGL. Complete and acceptable access plans should

be reviewed within 60 days of receipt. The ADO may request an airport sponsor

provide more detailed information or propose more effective mitigation measures if

the access plan does not meet the requirements of the law or is inconsistent with the

sponsor’s grant assurances. Once the ADO has completed its review, the ADO will

forward the access plan to the Region under a cover memo.


conduct its review of the plan using the checklist contained Appendix F of this CGL.

Complete and acceptable access plans should be reviewed within 60 days of receipt.

The Regional Office may request an airport sponsor provide more detailed

information or propose more effective mitigation measures if the access plan does not

meet the requirements of the law or is inconsistent with the sponsor’s grant

assurances. Once the Regional Office has completed its review, the Regional Office

will forward the plan to ACO-100 under a cover memo.

ACO-100 will review access plans forwarded by Regional Offices using the checklist

contained in Appendix F of this CGL. ACO-100 may request an airport sponsor

provide more detailed information or propose more effective mitigation measures if

the access plan does not meet the requirements of the law or is inconsistent with the

sponsor’s grant assurances. Only ACO-100 can accept an access plan submitted by a

commercial service airport with existing access. If ACO-100 finds the access plan

does not effectively address the statutory requirements contained in the law or is

inconsistent with the airport sponsor’s assurances, ACO-100 may review the matter

for further compliance action. ACO-100 will notify the airport sponsor, the Regional

Office, and the ADO of its action.

C. General Aviation Airports Proposing New Access: General aviation airports

proposing to establish new residential through-the-fence access agreements must

submit the following:

1. An updated ALP depicting the proposed access point(s);

2. A copy of the (draft) access agreement(s); and

3. Access agreement review sheet(s) contained in Appendix C.

Although these sponsors are not required to develop mitigation measures to ensure

consistency with their sponsor assurances, FAA strongly encourages airport sponsors

to thoroughly evaluate how these agreements may impact the sponsor’s ability to

meet its Federal obligations. The FAA is not precluded from investigating a potential

grant assurance violation associated with or resulting from an airport sponsor’s

residential through-the-fence arrangement. Airport sponsors proposing to establish

new residential through-the-fence access agreements must have an ALP signed by

FAA prior to establishing the access point(s).

12

ADOs must review the ALP changes and (draft) access agreements submitted by

general aviation airports proposing new access. The ADO must review the ALP in

accordance with the FAA’s guidance for ALP review.10

The ADO must review the

(draft) access agreement using the checklist contained in Appendix D of this CGL.

FAA approval of ALP updates and (draft) access agreements for new residential

through-the-fence access must be based on the scope, detail, and quality of each

submission. The ADO may request an airport sponsor provide more detailed

information or amend its agreement if the (draft) access agreement does not meet the

requirements of the law. ADOs should work with airport sponsors to ensure the

proposed residential through-the-fence arrangement is consistent with the sponsor’s

future airport development as proposed on the ALP. Once the ADO has completed

its review, the ADO will forward the proposal to the Region under a cover memo.

The cover memo must also discuss the sponsor’s future plans for the airport, based on

the ADO’s review of the proposed ALP.

A second review will be conducted by the Regional Office. Complete and acceptable

ALP changes and (draft) access agreements should be reviewed within 90 days of

receipt. The Regional Office will conduct its review of the draft access agreement

using the checklist contained in Appendix D of this CGL. The Regional Office will

verify that the proposed residential through-the-fence arrangement is consistent with

the sponsor’s future airport development as proposed on the ALP. The Regional

Office may request an airport sponsor provide more detailed information or amend its

agreement if the (draft) access agreement does not meet the requirements of the law.

The Regional Office may reject the proposal to establish new residential through-the-

fence access if:

1. The (draft) access agreement does not effectively address the statutory

requirements contained in the law; or

2. The proposed arrangement is not consistent with the sponsor’s future plans for

the airport.

Airport sponsors may request headquarters review of a proposal rejected by a

Regional Office. This request shall be made, in writing, to ACO-100. ACO-100 will

coordinate the headquarters review. APP-400, AAS-100, AAS-300, and ACO-100

will participate in this review. ACO-100 will notify the airport sponsor, the Regional

Office, and the ADO of headquarters’ action.

The Regional Office will accept (draft) access agreements which effectively address

the statutory requirements contained in the law and are verified as consistent with the

sponsor’s future plans for the airport. The Regional Office will notify the ADO and

ACO-100 of its action, and the ADO will approve the ALP pursuant to Chapter Two

of FAA Order 5050.4B, National Environmental Policy Act (NEPA) Implementing

Instructions for Airports Actions. The approved ALP must contain a special 10

ALPs submitted in accordance with the FAA’s Standard Operating Procedure for FAA Review and Approval of

Airport Layout Plans (ALPs), should be reviewed as described in that SOP. If the ALP submitted does not meet

current standards or was developed using other guidance, ADOs may use Appendix H to review the residential

through-the-fence component of the ALP.

13

condition stipulating FAA will not pay to relocate, soundproof, or mitigate noise at

any homes with residential through-the-fence access. The ADO will notify the

airport sponsor of these actions. The internal electronic toolkit contains a sample

cover memo and sample letters. (See Appendix A)

D. Commercial Service Airports Proposing to Extend/Renew Existing Access: Sponsors

of commercial service airports proposing to extend or renew existing residential

through-the-fence access agreements must also address supplemental standards for

compliance as described in Appendix I. The supplemental standards require the

airport sponsor to fully comply with the law and ensure that continuation of the

residential through-the-fence arrangement will be consistent with their grant

obligations. However, FAA is not precluded from investigating a potential grant

assurance violation associated with or resulting from an airport sponsor’s residential

through-the-fence arrangement.

ADOs will review the revised access plans submitted by commercial service airports

proposing to extend or renew existing access. The ADO will conduct its review of

the plan using the checklist contained in Appendix J of this CGL. Complete and

acceptable access plans should be reviewed within 60 days of receipt. The ADO may

request an airport sponsor provide more detailed information or propose more

effective mitigation measures if the revised access plan does not meet the

requirements of the law, is inconsistent with the sponsor’s grant assurances, or does

not meet the supplemental standards. Once the ADO has completed its review, the

ADO will forward the access plan to the Region under a cover memo.


conduct its review of the plan using the checklist contained in Appendix J of this

CGL. Complete and acceptable access plans should be reviewed within 60 days of

receipt. The Regional Office may request an airport sponsor provide more detailed

information or propose more effective mitigation measures if the access plan does not

meet the requirements of the law, is inconsistent with the sponsor’s grant assurances,

or does not meet the supplemental standards. Once the Regional Office has

completed its review, the Regional Office will forward the plan to ACO-100 under a

cover memo.

ACO-100 will review the revised access plans forwarded by Regional Offices using

the checklist contained in Appendix J of this CGL. ACO-100 may request an airport

sponsor provide more detailed information or propose more effective mitigation

measures if the access plan does not meet the requirements of the law, is inconsistent

with the sponsor’s grant assurances, or does not meet the supplemental standards.

Only ACO-100 can accept a revised access plan submitted by a commercial service

airport proposing to extend or renew existing access. If ACO-100 finds the access

plan does not effectively address the statutory requirements contained in the law, is

inconsistent with the airport sponsor’s assurances, or does not meet the supplemental

standards, ACO-100 may review the matter for further compliance action. ACO-100

will notify the airport sponsor, the Regional Office, and the ADO of its action.

14

VI. PROPOSED EXTENSIONS/RENEWALS/TRANSFERS OF ACCESS

AGREEMENTS: Airport sponsors secure their rights and powers by negotiating agreements

which preserve their flexibility to plan for the airport’s future. Therefore, FAA encourages

airport sponsors negotiating residential through-the-fence agreements to consider short terms

which can be renewed or extended at the sponsor’s option.

The extension or renewal of a residential through-the-fence access agreement at a general

aviation airport or a privately-owned reliever airport is not considered a triggering event that

requires submission of a revised access agreement to FAA if the length of extension or renewal

does not exceed the term of the FAA’s acceptance of the original (or any subsequently updated)

access agreements. However, should the airport sponsor make other changes to the terms of the

agreement, FAA will need to review an updated access agreement. For example, if FAA

accepted a sponsor’s access agreement on October 1, 2014 and the sponsor uses two-year access

agreement terms with its residential users, FAA would not need to review that sponsor’s access

agreement again in 2016 simply because the sponsor renewed agreements (previously reviewed

by FAA) with its residential users for another two years.

In situations when the transfer of residential through-the-fence access from one residential

property owner to another requires the airport sponsor’s concurrence, FAA may treat the access

as an extension or renewal. This occurs when a homeowner who is a party to a residential

through-the-fence access agreement sells their property to another individual who must then

execute a residential through-the-fence access agreement with the airport sponsor in order to

utilize an existing access point. If the airport sponsor limits the term of the access agreement

with the new property owner to a timeframe covered by its FAA-accepted access agreement or

plan and the agreement is substantially similar to those agreements already reviewed by FAA,

the airport sponsor does not need to submit a revised access agreement or plan. However, if the

airport sponsor incorporates terms which are substantially different than those previously

reviewed by FAA or permits a term of access which exceeds its accepted access agreement or

plan, the sponsor is strongly encouraged to submit a draft access agreement and review sheet

prior to executing the agreement with the new residential user.

In situations when residential through-the-fence access can be legally transferred from one

residential property owner to another without the airport sponsor’s review and/or consent, the

FAA will treat the access as existing. For example, this may occur when a homeowner sells a

property with deeded, perpetual access. Airport sponsors are not required to notify the FAA of

these transactions unless the residential through-the-fence access agreement is substantially

modified.

Commercial service airports that seek to extend or renew their existing agreements are required

to meet supplemental standards outlined in the FAA’s Policy on Existing Through-the-Fence

Access to Commercial Service Airports from A Residential Property. The supplemental

standards are also outlined in Appendix I.

VII. PROPOSED AIRPORT SPONSOR ELIGIBILITY FOR AIP GRANTS IN FY13 and

FY14:

A. Airport Sponsors Currently in Compliance:

1. AIP Grants Issued in Accordance with 49 U.S.C., § 47114

15

All airport sponsors that are currently in compliance with their grant

assurances remain eligible for AIP grants issued in accordance with

49 U.S.C., § 47114 in fiscal years 2013 and 2014. Beginning on October 1,

2014, airport sponsors with existing residential through-the-fence access

agreements must demonstrate evidence of compliance.

Note that AIP investments must be related to general public demand at the

airport. Costs associated with on-airport infrastructure and facilities used

exclusively or primarily for accommodation of residential through-the-fence

users are considered private-use and are ineligible for AIP funding.

2. AIP Grants Issued in Accordance with 49 U.S.C., § 47115

ADOs and Regional Offices may decline to invest AIP grants issued in

accordance with 49 U.S.C., §47115 at airports with existing residential

through-the-fence access prior to verifying the sponsor’s compliance with the

law.

B. Airport Sponsors Currently in Noncompliance: Noncompliant airport sponsors are

ineligible to receive AIP grants. Airport sponsors that are currently in noncompliance

due to grant assurance violations associated with residential through-the-fence

agreements must submit a corrective action plan that includes a residential through-

the-fence access agreement and/or access plan.

VIII. PROPOSED AIP ELIGIBILITY OF COSTS ASSOCIATED WITH ACCESS

PLANS A. Immediate ALP Update Depicting Existing Access: Grant Assurance 29 requires

airport sponsors with or proposing residential through-the-fence agreements to depict

access points on the ALP. A temporary designation through a pen and ink change11

is

acceptable until an ALP is updated as part of a master plan. Costs associated with

this ALP revision are not AIP eligible; FAA Order 5100.38C, Airport Improvement

Program Handbook, at paragraph 300.c. states that AIP grants may be used to fund

ALPs when they are part of master planning or indirect costs associated with other

airport development funded with an AIP grant.

B. Existing Residential Through-the-Fence Access Agreements and Plans: Costs

associated with existing residential through-the-fence access agreements and plans

are not AIP-eligible.

C. ALP Updates and Access Agreements Proposing New Access: ALP updates

proposing new access are allowable costs for AIP funding only if included as an

incidental cost associated with an AIP-funded master plan and ALP update.

However, costs associated with the development of a draft access agreement are not

AIP-eligible.

11

When the FAA receives an ALP depicting existing residential through-the-fence access points, the FAA will

accept those access points as “pen and ink changes” to the ALP. No environmental analysis is required.

16

Issues related to AIP-eligibility must be coordinated with APP-520.

IX. PROPOSED SPECIAL CONDITION IN FUTURE GRANTS AT COMMERCIAL

SERVICE AIRPORTS WITH EXISTING ACCESS: Once FAA accepts a commercial

service airport sponsor’s residential through-the-fence access plan, all future AIP grants will be

conditioned upon the inclusion of the following special grant condition:

Update Accepted Residential Through-the-Fence Access Plan: The Sponsor agrees

that it will enforce/implement the Residential Through-the-Fence Access Plan,

accepted by the FAA on [INSERT DATE]. It is further agreed that any changes

required to the Residential Through-the-Fence Access Plan that result from this grant

project will be incorporated into the Residential Through-the-Fence Access Plan,

which the Sponsor will update and submit to FAA prior to grant closeout.

X. PROPOSED DETERMINATION OF COMPLIANCE STATUS: FAA Order 5190.6B,

FAA Airport Compliance Manual, at paragraph 2.9 states that the ADO must make a

determination regarding the airport sponsor’s compliance with its Federal obligations prior to

issuing an AIP grant.

A. Compliance Determinations at Airports with Existing Access: The law precludes

FAA from making a finding of noncompliance at a general aviation airport solely

because an airport sponsor enters into an agreement granting residential through-the-

fence access. However, the law does not exempt these sponsors from complying with

their grant assurance obligations, and the law establishes specific terms and

conditions that must be reflected in the residential through-the-fence arrangement. In

Fiscal Years 2013 and 2014, the FAA will refrain from initiating investigations at

airports with existing access. This will provide airport sponsors with existing access

ample time to develop an access agreement or plan that effectively addresses the

terms and conditions included in the law. However, this does not preclude the FAA

from initiating a compliance action if there is reason to believe a compliance issue

exists that is beyond merely granting a residential through-the-fence arrangement.

Beginning on October 1, 2014, an airport sponsor’s failure to submit evidence of

compliance with the law may be reviewed for further compliance action.

B. Compliance Determinations at General Aviation Airports with Access Agreements:

The FAA’s acceptance of an airport’s (draft) access agreement represents an agency

finding that the airport sponsor has met the requirements of the law. However, the

FAA is not precluded from altering or revoking its acceptance of an airport sponsor’s

access agreement if either of the following occurs:

1. The airport sponsor fails to enforce its access agreement; or

2. A Director’s Determination or Final Agency Decision, resulting from an

investigation under 14 CFR, part 16, requires the airport sponsor to take

corrective action(s).

17

The FAA’s acceptance of an airport sponsor’s access agreement does not preclude

FAA from initiating a compliance action if there is reason to believe a compliance

issue exists which is beyond merely granting a residential through-the-fence

arrangement.

C. Compliance Determinations at Privately-Owned Reliever Airports and Commercial

Service Airports: While the law is explicit in its permission for publically-owned

general aviation airports to enter into residential through-the-fence agreements, it is

silent with regard to commercial service airports and privately-owned reliever

airports. The FAA has interpreted this silence to continue the prohibition on the

establishment of new residential through-the-fence agreements at these airports.

Grant Assurance 5(g) reflects this prohibition. Violations of Grant Assurance 5(g)

may result in enforcement action under 14 CFR, part 16.

D. Compliance Determinations at General Aviation Airports which Establish New

Access Points without FAA Approval of an Updated ALP: Prior to establishing an

access point for residential through-the-fence access, general aviation airports are

required to depict the proposed access point(s) on the ALP and requested to submit a

(draft) access agreement(s) which complies with the law for FAA review.

Establishing a new access point not depicted on an FAA-approved ALP may result in

a violation of Grant Assurance 29, Airport Layout Plan. General aviation airports

that establish new access points prior to FAA’s approval of a revised ALP may be

reviewed for further compliance action. General aviation airports that execute new

access agreements prior to demonstrating evidence of compliance do so at their own

risk. FAA employees may not approve an ALP establishing a new access point if the

(draft) access agreement does not comply with the terms and conditions of the law.

XI. PROPOSED ACTION IF AIRPORT IS UNABLE TO COMPLY: The FAA recognizes

that some airports with existing residential through-the-fence access agreements may not be able

to comply with the terms and conditions contained in the law and/or their sponsor assurances due

to the type of arrangement previously negotiated. In these cases, FAA will determine if the

airport still substantially serves its intended function in the National Plan of Integrated Airport

Systems. These determinations will be made by Airport’s Planning and Environmental Division

(APP-400) in accordance with FAA Order 5090.3C, Field Formulation of the National Plan of

Integrated Airport Systems (NPIAS), or subsequent pertinent guidance that may be developed by

the FAA.

A. Airports Continuing to Serve a Function in the NPIAS: In cases where the airport

still substantially serves its intended function in the NPIAS, FAA will consider a

reduced level of future AIP investments at the airport. ACO-100, APP-400, and

APP-520 will analyze these airports on a case-by-case basis and provide more

specific guidance to the ADO.

B. Airports No Longer Serving a Function in the NPIAS: Airports which no longer

serve their intended function in the NPIAS will be removed from the NPIAS.

ACO-100, APP-400, and APP-520 will analyze these airports on a case-by-case basis

and provide more specific guidance to the ADO.

18

References and Resources

P.L. 112-95, Sec. 136

Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential

Property (76 Fed. Reg. 44515; July 30, 2012)

FAA Grant Assurances

FAA Order 5190.6B, FAA Airport Compliance Manual

FAA Order 5100.38C, Airport Improvement Program Handbook

FAA Order 5300.1F, Modifications to Agency Airport Design, Construction, and Equipment

Standards

FAA Order 5090.3C, Field Formulation of the National Plan of Integrated Airport Systems

(NPIAS)

M. Daniel Carey and Cliff Davenport v. Afton-Lincoln County Municipal Airport Joint Powers

Board, FAA Docket No. 16-06-06, (January 19, 2007) (Director’s Determination)

FAA’s Residential Through-the-Fence Electronic Toolkit (internal) at Q:\National\ACO-

100\RTTF Toolkit

FAA’s Residential Through-the-Fence Electronic Toolkit (external) at:



19

APPENDIX A

The internal electronic toolkit is available at Q:\National\ACO-100\RTTF Toolkit. The

following documents are available:

Internal Toolkit

Tool

Target Date for Use of Tool Available for use by

Monitoring Spreadsheet (to

track status of interim policy

implementation)

On-going ADO

Region

ACO-100

Sample Notification Letter

Advising Sponsors with

Existing RTTF of Change in

Law

By August 30, 2013 ADO

Region

Sample Letter to Sponsor

Acknowledging Receipt of

RTTF documentation

Upon receipt of RTTF

documentation

ADO

Region

ACO-100

Sample Request for More

Information from Sponsors

During review of RTTF

documentation

ADO

Region

ACO-100

Sample Letter to Sponsors

Identifying Noncompliance

with the Law and/or Need for

More Mitigation Measures

During review of RTTF

documentation

ADO

Region

ACO-100

Sample Letter to Sponsor

Stating RTTF Documentation

Has Been Forwarded to

Region/ACO-100

Upon completion of

ADO/Regional review

ADO

Region

Cover Memo to Transmit

RTTF Documentation to

Regional Office/ACO-100

Upon completion of

ADO/Regional review

ADO

Region


with Existing Access that

Have Not Submitted an

Access Agreement(s) and/or

Access Plan

No later than June 2, 2014 ADO

Region

Sample Letter Accepting a

GA Sponsor’s (Draft) Access

Agreement

Ongoing Region


Who Express Interest in

Establishing New RTTF

On-going ADO

Region

ACO-100

20

Special Condition for AIP

Grants

Grants issued to sponsors with

accepted RTTF access plans in

FY15 and beyond

ADO

Region

ACO-100

Special Condition for ALP

Approval

Upon approval of an ALP

depicting new RTTF at a

general aviation airport

ADO/Region

Sample Easements On-going ADO

Region

ACO-100

21

The external electronic toolkit is available at:


The following documents are available:

External Toolkit

Tool Target Date for Use of Tool

FAA’s Interpretation of the

FMRA’s Section 136

Ongoing

FAA Recommendations for

Airport Sponsors Considering

Residential Through-the-

Fence Access Agreements

Ongoing

Access Agreement Review

Sheet for Airport Sponsors

with Existing Access

(Appendix C)

Prior to October 1, 2014

Access Agreement Review

Sheet for Airport Sponsors

Proposing New Access

(Appendix G)

Ongoing

Sample Access Agreement

and Review Sheet

Ongoing

Final Policy on Existing

Through-the-Fence Access to

Commercial Service Airports

from a Residential Property

Ongoing

Sample Access Plan Ongoing

Sample Sponsor Certification Ongoing

Supplemental Standards for

Commercial Service Airports

Proposing to Extend/Renew

Existing Access (Appendix I)

Ongoing

Special Condition for AIP

Grants

Grants issued to sponsors with

accepted RTTF access plans in

FY15 and beyond

Special Condition for ALP

Approval

Ongoing

Sample RTTF Summary Table Ongoing

Examples of Rate-Setting

Methodologies

Ongoing


22

APPENDIX B

25

APPENDIX C

Access Agreement Review Sheet

Documentation:

Provide copies of the written access agreement(s) between the sponsor and residential through-

the-fence user(s) or association(s) representing residential through-the-fence users. Sponsors

who have entered into a residential through-the-fence agreement with an association may need to

provide additional documentation such as covenants, conditions, and restrictions (CC&Rs). If

the same agreement is used with multiple residents, the sponsor is only required to submit one

copy of the agreement with an explanation noting the number of residences to which it pertains.

Identify the document (if more than one type of document is submitted), page number, or

paragraph which verifies the following:

1. The residential through-the-fence user pays airport access charges that are comparable to

tenants and operators on-airport making similar use of the airport.

Document: ______________________________

Page number or paragraph: __________________

If this page or paragraph does not define tenants and operators on-airport making similar use

of the airport, explain how the airport sponsor defines this term and the fee/rate structure

charged to these tenants.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

If this page or paragraph does not include an escalation clause, explain if the fees/rates

charged to the residential through-the-fence user increase on the same schedule as the

fees/rates for tenants and operators on-airport making similar use of the airport.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

If the two fee schedules do not transparently appear to be equivalent, explain the rationale

used by the airport sponsor to make such determination.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

26

2. Residential through-the-fence users bear the cost of building and maintaining the

infrastructure the airport sponsor determines is necessary to provide aircraft located on the

adjacent property to or near the airport access to the airfield of the airport.

Document: ______________________________


3. The residential through-the-fence user is prohibited from using their property, or permitting

any third party from using their property, for any commercial aeronautical purpose for the

duration of the access agreement.

Document: ______________________________


4. Access to the airport from unauthorized users, through the property of the residential

through-the-fence access agreement holder, is prohibited.

Document: ______________________________


5. The residential through-the-fence user is prohibited from selling aviation fuel on their

property.

Document: ______________________________


This agreement has been executed with (insert number) residential through-the-fence (user(s) or

homeowners association(s)).

27

APPENDIX D

FAA Review and Action on Access Agreements submitted by General Aviation Airports and

Privately-Owned Reliever Airports with Existing Access

Terms and Conditions Required by Statute:

Is the sponsor comparing residential through-the-fence users to similarly-situated on

airport tenants and users? Comparing residential through-the-fence users to itinerant

users is not consistent with the law.

Is the access fee paid by residential through-the-fence users higher than or equivalent to

the fees paid by similarly situated on-airport users and tenants?

Does the airport sponsor require residential through-the-fence users to bear the cost of

building and maintaining the infrastructure the airport sponsor determines necessary to

provide access to the airfield?

Does the airport sponsor prohibit commercial aeronautical uses, whether provided by the

property owner or a third party, on the property of the residential through-the-fence

users? Commercial aeronautical activities on property owned by individuals with

residential through-the-fence access are prohibited by law. Therefore, homeowners may

not co-locate any type of commercial aeronautical activity on their residential property or

permit a third party to offer any commercial aeronautical services.

Does the airport sponsor prohibit access to the airport from unauthorized users through

the property of the residential through-the-fence users?

Does the airport sponsor prohibit the sale of aviation fuels on the property of the

residential through-the-fence users?

Review the access agreement(s). Are the terms consistent with answers provided to the

questions above? If the terms of the agreement expressly permit any activities prohibited

by the law, the airport sponsor lacks an effective mechanism to address its legal

requirements. Does the access agreement clearly outline the terms and duration of

access?

Action:

ADOs should summarize their answers to the questions above in the forwarding memorandum.

If the airport sponsor fails to address any statutorily required terms and conditions the ADO

should not forward the plan to the Region.

Regional Offices should compare the ADO’s assessment of the access agreement(s) to the

information provided on the review sheet. If the ADO’s assessment lacks sufficient detail or

does not accurately describe the access agreement(s), the Regional Office should not accept the

access agreement(s). If the access agreement(s) effectively addresses the legal requirements

associated with residential through-the-fence access, the Regional Office may accept the access

28

agreement(s). If the access agreement(s) presents inherent conflicts with the law, the Regional

Office must contact ACO-100.

29

APPENDIX E

Access Plans: Required Documentation and Narrative from Commercial Service Airport

Sponsors with Existing Access

A. Access Agreement Review Sheet

Provide copies of the written access agreement(s) between the sponsor and residential

through-the-fence user(s) or association(s) representing residential through-the-fence users.

Sponsors who have entered into a residential through-the-fence agreement with an

association may need to provide additional documentation such as covenants, conditions, and

restrictions (CC&Rs). If the same agreement is used with multiple residents, the sponsor is

only required to submit one copy of the agreement with an explanation noting the number of

residences to which it pertains. Identify the page number or paragraph which documents the

following:



Document: _______________________________


If this page or paragraph does not define tenants and operators on-airport making similar use

of the airport, explain how the airport sponsor defines this term and the fee/rate structure

charged to these tenants.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

If this page or paragraph does not include an escalation clause, explain if the fees/rates

charged to the residential through-the-fence user increase on the same schedule as the

fees/rates for tenants and operators on-airport making similar use of the airport.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

If the two fee schedules do not transparently appear to be equivalent, explain the rationale

used by the airport sponsor to make such determination.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

30




Document: _______________________________


3. The residential through-the-fence user is prohibited from using their property, or

permitting any third party from using their property, for any commercial aeronautical

purpose for the duration of the access agreement.

Document: ______________________________


4. Access to the airport from unauthorized users, through the property of the residential

through-the-fence access agreement holder, is prohibited.

Document: _______________________________


5. The residential through-the-fence user is prohibited from selling aviation fuel on their

property.

Document: ______________________________


This agreement has been executed with (insert number) residential through-the-fence (user(s)

or homeowners association(s)).

B. Airport and Access Drawing, Summary Table, & Narrative

Required Documentation:

1. Provide an airport and access drawing (scale 1”=200’ to 1”=600’) which clearly depicts

all existing and proposed:

• Airport and residential through-the-fence parcels;

• Runways (length, width, orientation, thresholds, hold lines);

• Runway Safety Areas, Object Free Areas, Precision Obstacle Free Areas (if

applicable), and Runway Protection Zones;

• Taxiways;

• Navigational aids;

• On-airport structures (hangars, buildings, fuel facilities, ramps, roads, etc.)

• Off-airport structures adjacent to the airport’s property boundary, include all

residential through-the-fence lots (identify lots by number or letter);

• Fences and gates;

• All existing and proposed residential through-the-fence access points; and

• Municipal boundaries.

2. Provide a summary table which describes the following as associated with each residential

through-the-fence parcel:

• Access point utilized as referenced on the airport and access drawing sheet;

• Development name (if the residence is part of a community, platted subdivision,

etc.)

31

• Lot;

• Owner;

• Number of residential improvements proposed;

• Number of residential improvements constructed;

• Type of residential improvement (single family home, apartment, undeveloped

parcel, etc.);

• Enabling instrument (access agreement, lease, deed, easement, etc.);

• Date of execution or recording;

• Term of agreement;

• Number of access points granted;

• Number of access points currently utilized;

• Zoning designation and the entity controlling zoning for that parcel;

• The access fee collected annually;

• Number of aircraft associated with each residence; and

• If there are any restrictions in the enabling instrument restricting the sale,

assignment, or subleasing of the property.

3. Provide a description of the airport that identifies the number of aircraft based on the

airport and the estimated or actual number of annual local and itinerant operations.

4. Provide a description of the hangar/tie-down space available on the airport property as

identified on the airport and access drawing. This description must include the total

number of hangars/tie-downs on airport property, the number of hangars/tie-downs

currently rented, and the number available for rent. If all on-airport hangars/tie-downs

are currently rented, the description must include what steps the sponsor is taking or

plans to take to develop additional hangar/tie-down space.

C. General Authority for Control of Airport Land and Access: Grant Assurance 5, Preserving

Rights and Powers, prohibits airport sponsors from taking any action which would operate to

deprive it of any of the rights and powers necessary to perform any or all of the terms,

conditions, and assurances in the grant agreement without the written approval of the Secretary.

This includes maintaining sufficient control of access points and operations across airport

boundaries to maintain safe operations, and to make changes in airport land use to meet future

needs.


1. Provide a detailed description of the nature, structure, duration, and terms associated with

each residential through-the-fence access arrangement.

2. Provide copies of access agreements and/or governing documents (i.e., agreements,

easements, deeds, Covenants, Conditions, and Restrictions or CC&Rs, etc).

3. Provide copies of any avigation easements the sponsor might hold.

4. Describe how the access agreements/governing documents are subordinate to the airport

sponsor’s grant assurances. If they are not, explain how the sponsor can invoke changes to

the agreement to ensure ongoing compliance with its grant obligations.

5. Describe the airport sponsor’s legal ability to impact zoning changes around the airport.

Describe the current zoning for and around the airport. Describe any steps the airport

sponsor has taken to limit new residential zoning around the airport.

32

6. Describe any access controls that residential through-the-fence users must utilize when

taxiing onto airport property. If there is no fence, describe the signage or markings used to

delineate airport property from private property.

7. Describe the process utilized to educate your local community and residential through-the-

fence users about your Federal obligations as an airport sponsor.

8. If the airport sponsor has established any short-term or long-term plans for eliminating

residential through-the-fence access, describe those plans.

D. Safety of Airport Operations: Grant Assurance 19, Operation and Maintenance, requires the

airport sponsor to ensure the airport and all facilities which are necessary to serve the

aeronautical users of the airport are operated at all times in a safe and serviceable condition.


1. Provide a copy of any specific rules/requirements that apply only to residential through-the-

fence users (if established). Explain how residential through-the-fence users are subject to

the same rules and regulations as on-airport users.

2. Describe any process the sponsor has developed to sanction residential through-the-fence

users who violate the airport’s rules and regulations.

3. Describe any restrictions or special requirements imposed on fly-in guests who taxi from the

airport’s property to visit off-airport residents. Describe how those restrictions or special

requirements are communicated to the residential through-the-fence users and their guests.

Describe how the sponsor monitors this practice.

4. Describe the mechanism used to separate aircraft and vehicular traffic.

5. Describe the mechanism used to prevent residential/domestic activities (i.e., dog walking,

sports, etc.) from occurring on airport property, and particularly within the air operations area

associated with runway safety areas, runway protection zones, runway object free zones,

taxiway safety areas, obstacle free areas, object free areas and primary surface properties.

Describe how this is monitored and enforced.

6. Describe the mechanism used to prevent through-the-fence residents from establishing

potential wildlife attractants (i.e., water detention ponds, gardens, composting lots, etc.) near

the airport. If wildlife attractants have been established, describe how the airport requires

through-the-fence residents to mitigate.

7. Describe how aircraft access each runway threshold from the RTTF access points. Identify

any residential through-the-fence taxi routes that preclude the sponsor from meeting any

FAA design standards. Describe any plans the airport sponsor may have to meet the FAA

design standards in the future. If proposing a modification to standards, a Safety Assessment

Screening must be completed and the requirements contained in FAA Order 5300.1F,

Modifications to Agency Airport Design, Construction, and Equipment Standards must be

addressed.

E. Rates and Charges: Grant Assurance 24, Fee and Rental Structure, requires an airport

sponsor to maintain a fee and rental structure for the facilities and services at the airport which

will make the airport as self-sustaining as possible under the circumstances existing at the

particular airport. Residential through-the-fence users are not protected by Grant Assurance 22,

Economic Nondiscrimination, and the FAA will not entertain allegations of unreasonableness for

residential through-the-fence access.

33


1. A description of how the airport sponsor collects access fees from residential through-the-

fence users and their guests who taxi from the airport to an off-airport residence.

F. Protection of Airport Airspace: Grant Assurance 20, Hazard Removal and Mitigation,

requires airport sponsors to take appropriate action to assure that such terminal airspace as is

required to protect instrument and visual operations to the airport (including established

minimum flight altitudes) will be adequately cleared and protected by removing, lowering,

relocating, marking, or lighting or otherwise mitigating existing airport hazards and by

preventing the establishment or creation of future airport hazards.

Two of FAA’s prime objectives are to promote air safety and the efficient use of the navigable

airspace. Title 14 CFR, part 77, “Objects affecting the navigable airspace,” establishes standards

and notification requirements for objects affecting navigable airspace. Notification of an off-

airport project under FAA Form 7460-1, Notice of Proposed Construction or Alteration, prompts

FAA to conduct an aeronautical study based on information provided by its proponent to identify

potential aeronautical hazards in advance to prevent or minimize the adverse impacts to the safe

and efficient use of navigable airspace. The FAA's authority to promote the safe and efficient

use of the navigable airspace, whether concerning existing or proposed structures, is

predominantly derived from title 49 U.S.C., § 44718; § 44718 does not provide specific authority

for FAA to regulate or control how land (i.e., real property) may be used in regard to structures

that may penetrate navigable airspace. In addition, the Federal Government lacks the authority

to regulate local land use. Therefore, it is critical that airport sponsors identify tools they can use

to protect the airport’s airspace both on and off the airport.


1. A description of the mechanism used by the airport sponsor to ensure that homes, hangars,

other structures, and off-airport taxiways do not penetrate the airport’s protected surfaces. If

available, provide verification that airspace studies were conducted for residential through-

the-fence homes, hangars, other structures, and off-airport taxiways.

2. A description of the mechanism used to require residential through-the-fence users to

complete FAA Form 7460-1, Notice of Proposed Construction or Alteration, when they

propose to erect and/or alter structures on their property.

3. A description of the mechanism used to require residents to trim/remove trees and/or any

other potential obstructions.

4. A description of any legal powers and/or authorities the airport sponsor might have to

prohibit new construction determined to be a hazard to air navigation.

G. Compatible Land Uses Around the Airport: Grant Assurance 21, Compatible Land Use,

requires airport sponsors to take appropriate action, to the extent reasonable, to restrict the use of

land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible

with normal airport operations.


1. A description of the mechanism used by the airport sponsor to monitor proposed and actual

zoning changes/designations in land use surrounding the airport. Describe how the sponsor

plans to avoid residential encroachment or other noncompatible land uses.

34

2. A description of any actions the airport sponsor may be taking to educate the local

zoning/land use authority about the sponsor’s obligations as a federally-obligated airport.

3. A description of any plans the airport sponsor may have with regard to the acquisition of

avigation easements.

4. Does the residential use conflict with any current or planned aviation uses at the airport? If it

does, describe the airport sponsor’s plans to address this conflict.

5. A description of any local or state requirements or limitations with regard to the proximity of

homes and aeronautical activities. Do any off-airport structures conflict with the current or

future establishment of fueling activities, aircraft maintenance, flight training, aircraft

charter, banner towing, crop dusting, parachuting, aircraft storage, etc.?

6. A description of the airport sponsor’s mechanism for receiving and tracking noise

complaints. Please also note how this program is promoted to the local community.

H. Sponsor Certification: Airport sponsors may certify their access plan with the sample

certification form, by passing a local resolution, or submitting a signed affidavit. A sample

certification form is in the external electronic toolkit at:



35

APPENDIX F

FAA Review and Action on Access Plans submitted by Commercial Service Airports with

Existing Access

A. Terms and Conditions Required by Statute

Review:

Is the sponsor comparing residential through-the-fence users to similarly-situated on airport

tenants and users? Comparing residential through-the-fence users to itinerant users is not

consistent with the law.

Is the access fee paid by residential through-the-fence users higher than or equivalent to the

fees paid by similarly situated on-airport users and tenants?

Does the sponsor require residential through-the-fence users to bear the cost of building and

maintaining the infrastructure the airport sponsor determines necessary to provide access to

the airfield?

Does the sponsor prohibit commercial aeronautical uses on the property, whether provided

by the property owner or a third party, of the residential through-the-fence users?

Commercial aeronautical activities on property owned by individuals with residential

through-the-fence access are prohibited by law. Therefore, homeowners may not co-locate

any type of commercial aeronautical activity on their residential property, or permit a third

party to offer any commercial aeronautical services.

Does the sponsor prohibit access to the airport from unauthorized users through the property

of the residential through-the-fence users?

Does the sponsor prohibit the sale of aviation fuels on the property of the residential through-

the-fence users?

Review the access agreement(s). Are the terms consistent with the answers provided to the

questions above? If the terms of the agreement expressly permit any activities prohibited by

the law, the sponsor lacks an effective mechanism to address its legal requirements. Does the

access agreement clearly outline the terms and duration of access?

Action:

ADOs should summarize their answers to the questions above in section II of the forwarding

memorandum. If the sponsor fails to address any statutorily required terms and conditions the

ADO should not forward the plan to the Region.

Regional Offices should compare the ADO’s assessment of the access plan to the access

agreement(s) itself. If the ADO’s assessment lacks sufficient detail or does not accurately

describe the access agreement(s), the Regional Office should not accept the access plan. If the

access agreement(s) presents inherent conflicts with the law, the Regional Office must note this

in its forwarding memo to ACO-100.

ACO-100 should summarize their answers to the questions above in the letter of findings to the

sponsor.

36

B. Airport and Access Drawing, Summary Table, & Narrative

Review:

Has the ADO/RO compared the airport and access drawing submitted with the access plan to

the ALP and Exhibit A on file with the FAA?

Do any access points conflict with planned future development at the airport?

Is land available for future aeronautical development on the airport?

Has the sponsor identified any nearby land for future acquisition?

Action:

ADOs should summarize their answers to the questions above in section III of the forwarding

memorandum.

Regional Offices should compare the ADO’s assessment of the access plan to the plan itself. If

the ADO’s assessment lacks sufficient detail or does not accurately describe the access plan, the

Regional Office should supplement the answers provided.


sponsor.

C. General Authority for Control of Airport Land and Access: An airport sponsor is required to

demonstrate it has sufficient control of access points and operations across airport boundaries to

maintain safe operations, and to make changes in airport land use to meet future needs.

Review:

Verify all required documentation is included.

Are the access agreements(s)/governing documents subordinate to the sponsor’s grant

assurances? If not, how does the sponsor ensure compliance with Grant Assurance 5?

Do the access agreement(s)/governing documents contain any noise restrictions not approved

by the FAA in a part 150 or part 161 study? Does the airport’s 5010 data sheet or the Airport

Facilities Directory note any mandatory noise restrictions?

Does the sponsor have good title to all of the property depicted on its property map?

Should the sponsor conduct a title search to verify ownership of any particular parcels?

Is the sponsor taking steps to ensure that undeveloped land around the airport is zoned for

airport-compatible purposes?

Is the sponsor taking steps to identify and protect its real property?

Is the sponsor taking steps to educate its local community and residential through-the-fence

users about the grant assurances?

Does the sponsor propose any short-term or long-term plans for eliminating the residential

through-the-fence access?

Action:

ADOs should review all materials submitted by the sponsor and complete the review checklist.

Any areas of concern should be noted to ACO-100 in section IV of the forwarding

memorandum.

37

Regional Offices should compare the ADO’s assessment of the access plan to the plan itself.

If the ADO’s assessment lacks sufficient detail or does not accurately describe the access plan,

the Regional Office should supplement the answers provided.

ACO-100 should review all materials submitted by the sponsor to determine if the sponsor has

sufficient authority for control of airport land and access. ACO-100 should note any practices or

stipulations that could impact the sponsor’s ability to meet its grant assurance obligations.

D. Safety of Airport Operations: An airport sponsor is required to demonstrate that its

residential through-the-fence arrangement does not impede its safe operation of the airport.

Review:

Is the sponsor taking steps to ensure that residential through-the-fence users and their guests

are subject to requirements at least as stringent as those that on-airport tenants must follow?

Are private-use taxiways noted on the airport’s 5010 data sheet or the Airport Facilities

Directory?

Is the sponsor taking sufficient steps to ensure aircraft and vehicular traffic are separated?

Is the sponsor taking sufficient steps to prevent residential/domestic activities from occurring

on the airport’s property?

Is the sponsor taking sufficient steps to prevent and/or mitigate wildlife attractants on

residential through-the-fence properties?

Do any residential through-the-fence access points require airport users to utilize higher-risk

procedures or maneuvers such as back-taxiing, direct access to the runway, entering the

runway from a nonperpendicular taxiway, or crossing public roads to enter the airport?

Verify that any modifications to standards have been processed in accordance with the

requirements contained in FAA Order 5300.1F, Modifications to Agency Airport Design,

Construction, and Equipment Standards.

Is the sponsor proposing to consolidate or relocate any access points? Will this impact any

projects proposed in the sponsor’s capital improvement plan?

Action:


Any areas of concern should be noted to ACO-100 in section V of the forwarding memorandum.




ACO-100 should review all materials submitted by the sponsor, and in consultation with AAS,

determine if the sponsor has sufficiently addressed the safety of airport operations. ACO-100

should note any practices that impact safety at the airport and make any necessary

recommendations.

E. Rates and Charges: An airport sponsor is required to demonstrate it can and does collect fees

from residential through-the-fence users comparable to those charged to airport tenants. The

rates and charges paid by residential through-the-fence users cannot result in unjust

38

discrimination against on-airport tenants. The schedule of rates and charges should promote

the goal of financial self-sustainability for the airport.

Review:

Does the sponsor have an effective program in place to collect the access fees and verify that

all residential through-the-fence users are paying their access fee?

Does the schedule of rates and charges impede the sponsor’s ability to pursue the goal of

self-sustainability for the airport?

Action:


Any areas of concern should be noted to ACO-100 under section VI of the forwarding

memorandum.




ACO-100 should review all materials submitted by the sponsor to determine if the schedule of

rates and charges is consistent with Grant Assurances 22 and 24. ACO-100 should summarize

their answers to the questions above in the letter of findings to the airport sponsor.

F. Protection of Airport Airspace: Grant Assurance 20, Hazard Removal and Mitigation,

requires airport sponsors to take appropriate action to assure that such terminal airspace as is

required to protect instrument and visual operations to the airport (including established

minimum flight altitudes) will be adequately cleared and protected by removing, lowering,

relocating, marking, or lighting or otherwise mitigating existing airport hazards and by

preventing the establishment or creation of future airport hazards.

Two of FAA’s prime objectives are to promote air safety and the efficient use of the navigable

airspace. Title 14 CFR part 77, “Objects affecting the navigable airspace,” establishes standards

and notification requirements for objects affecting navigable airspace. Notification of an off-

airport project under FAA Form 7460-1, Notice of Proposed Construction or Alteration, prompts

FAA to conduct an aeronautical study based on information provided by its proponent to identify

potential aeronautical hazards in advance to prevent or minimize the adverse impacts to the safe

and efficient use of navigable airspace. The FAA's authority to promote the safe and efficient

use of the navigable airspace, whether concerning existing or proposed structures, is

predominantly derived from title 49 U.S.C., § 44718; § 44718 does not provide specific authority

for FAA to regulate or control how land (i.e., real property) may be used in regard to structures

that may penetrate navigable airspace. In addition, the Federal Government lacks the authority

to regulate local land use. Therefore, it is critical that airport sponsors identify tools they can use

to protect the airport’s airspace both on and off the airport.

Review:

Does the sponsor currently have an effective mechanism to protect the airport’s airspace?

Was construction of the existing homes, hangars, other structures, and off-airport taxiways

properly studied by the FAA?

39

Action:

ADOs should summarize their answers to the questions above in section VII of the forwarding

memorandum. Any areas of concern should be noted to ACO-100.





sponsor.

G. Compatible Land Uses Around the Airport: An airport sponsor is required to demonstrate

the potential for noncompatible land use adjacent to the airport boundary is minimized consistent

with Grant Assurance 21, Compatible Land Use.

Review:

Does the sponsor currently have an effective mechanism to monitor zoning/land use changes

around the airport?

Does the sponsor appear to understand its obligations with regard to Grant Assurance 21,

Compatible Land Use?

Does the sponsor propose any short-term or long-term plans for acquiring avigation

easements that should be incorporated into the sponsor’s capital improvement plan?

If the residential use conflicts with current or proposed aeronautical development, does the

sponsor have a satisfactory plan to address this conflict?

Do any state or local requirements or limitations associated with the proximity of homes and

aeronautical activities impede current or proposed future aeronautical development?

Does the sponsor currently have an effective mechanism for receiving, tracking, and

responding to noise complaints? Is this program promoted to the community?

Action:

ADOs should summarize their answers to the questions above in section VIII of the forwarding

memorandum. Any areas of concern should be noted to ACO-100.





sponsor.

H. Sponsor Certification: Airport sponsors may certify their access plan with the sample

certification form, by passing a local resolution, or submitting a signed affidavit. A sample

certification form is in the external electronic toolkit at:



40

Review:

Verify the sponsor has certified its access plan by including the sample certification form, by

passing a local resolution, or by submitting a signed affidavit.

41

APPENDIX G

Required Documentation from General Aviation Airport Sponsors Proposing New Access


1. Updated ALP

2. (Draft) Access Agreement(s)

3. Access Agreement Review Sheet(s)

Revised ALP

Prior to submitting an ALP proposing a new access point(s), the sponsor must review their ALP

to ensure:

The proposed access point(s) do not conflict with current or planned development.

The location of the proposed home(s) does not conflict with current or planned development.

Adequate areas to accommodate forecasted growth are identified.


Documentation:

Provide copies of the (draft) written access agreement(s) between the sponsor and residential

through-the-fence user(s) or association(s) representing residential through-the-fence users. If

the same agreement will be used with multiple residents, the sponsor is only required to submit

one copy of the (draft) agreement with an explanation noting the number of residences to which

it will apply. Identify the page number or paragraph which documents the following:




If this page or paragraph does not define tenants and operators on-airport making similar use of

the airport, explain how the airport sponsor defines this term and the fee/rate structure charged to

these tenants.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

If this page or paragraph does not include an escalation clause, explain if the fees/rates charged

to the residential through-the-fence user increase on the same schedule as the fees/rates for


______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

42

If the two fee schedules do not transparently appear to be equivalent, explain the rationale used

by the airport sponsor to make such determination.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________





3. The residential through-the-fence user is prohibited from using their property, or permitting

any third party, for any commercial aeronautical purpose for the duration of the access

agreement.


4. Access to the airport from other properties through the property of the residential through-

the-fence access agreement holder is prohibited.


5. The agreement prohibits the sale of aviation fuels from the property of the residential

through-the-fence user.


This (draft agreement or agreement) (will be or has been) executed with (insert number)

residential through-the-fence (user(s) or homeowners association(s)).

FAA Recommendations for Draft Residential Through-the-Fence Agreements:

A subordination clause which acknowledges the residential through-the-fence agreement is

subordinate to the airport sponsor’s current and future Federal obligations.

A legal indemnification clause requiring residential through-the-fence user(s) to

acknowledge that their property will be affected by aircraft noise and emissions and waiving

any right to bring an action against the airport sponsor for operations at the airport.

A hazard removal clause to ensure the sponsor maintains a mechanism for mitigating

(removal, tree trimming, marking, lighting, etc.) potential airport hazards and for stopping

construction or establishment of airport hazards. Residential through-the-fence user(s) must

be directed to complete and file FAA Form 7460-1, Notice of Proposed Construction or

Alteration, and obtain a “no hazard” determination prior to erecting and/or altering any

structures on their property.

A defined term which does not exceed a reasonable airport planning horizon.

A mechanism which allows the airport sponsor to impose and enforce the safety

requirements and airport operating rules on residential through-the-fence user(s).

Access fees/charges that are comparable to the rates charged to tenants and operators on the

airport making similar use of the airport and a mechanism to increase the access fee/charges

on the same schedule used for tenants and operators on the airport making similar use of the

airport.

43

A provision which prohibits any commercial aeronautical uses, whether offered by the

property owner or a third party.

Avigation easements that permit unobstructed flight through the airspace necessary for

takeoff and landing at the airport.

44

APPENDIX H

FAA Review and Action on Access Agreements and ALPs Proposing New Access at General

Aviation Airports

Updated ALP

***This checklist should only be used if the ALP submitted was not prepared in accordance with

the FAA’s Standard Operating Procedure for FAA Review and Approval of Airport Layout and

includes a residential through-the-fence access point(s).

Are the taxiway/taxilane dimensions for the residential access taxiway(s) depicted from

the airport boundary to existing infrastructure?

Are all safety dimensions depicted?

Are all obstruction surfaces (14 CFR part 77, threshold siting, all design surfaces

contained in Advisory Circular 150-5300-13, Airport Design, etc.) clear?

Do all the proposed structures associated with the residential use (houses, hangars,

garages, etc.) include elevations? Do any of these structures penetrate any clear zone?

Do any proposed structures associated with the residential component (houses, hangars,

garages, etc.) impact existing or planned navigational aids or other equipment?

Does the sponsor maintain control of all Runway Protection Areas and Runway

Protection Zones? If not, how does the sponsor ensure no residential activities are

permitted in these areas?

If the sponsor has an air traffic control tower, does the tower have a clear line of sight to

view the access point?

If the sponsor does not utilize physical access controls, such as fencing and gates, can the

sponsor adequately separate residential activities from the airport property?


Use Appendix D to review the (draft) access agreement(s).

Special Conditions

The approved ALP must contain a special condition stipulating the FAA will not pay to relocate,

soundproof, or mitigate noise at any homes with residential through-the-fence access.

45

APPENDIX I

Revised Access Plans: Required Documentation and Supplemental Standards for Commercial

Service Airport Sponsors Proposing to Extend/Renew Existing Access


1. Copies of draft access agreement(s) and/or governing documents (i.e. agreements; easements;

deeds; Covenants, Conditions, and Restrictions, etc.) developed to meet the standard of

compliance for existing residential through-the-fence agreements and reflecting the

supplemental standards listed below.

2. A current (developed or revised within the last five years) airport master plan.

3. An updated ALP. All access points should be depicted and proposed for FAA’s

unconditional approval.

4. A revised residential through-the-fence access plan developed to meet the standard of

compliance for existing residential through-the-fence access at commercial airports (see

Appendix E) and reflecting the supplemental standards listed below.

The following supplemental standards must be addressed in the revised access plan:

The new access agreement fully complies with the terms and conditions contained in

section 136 of P.L. 112-95.

The term of access does not exceed 20 years.

Explains how one of the following applies:

a) The airport’s current master plan (developed or revised within the last five years)

identifies adequate areas for growth that are unaffected by the current residential

through-the-fence access; or

b) The airport sponsor has the legal right to terminate the through-the-fence access

agreement to accommodate airport development; or

c) The airport sponsor can require its residential through-the-fence user(s) to relocate

their access points, at the expense of the user(s), to improve safety on or off the

airport to accommodate growth on the airport.

The revised access agreement allows the airport sponsor to impose and enforce safety

requirements and airport operating rules on residential through-the-fence user(s) identical

to those imposed on airport tenants and transient users.

The airport sponsor obtains avigation easements from residential through-the-fence user(s)

for overflight, including unobstructed flight through the airspace necessary for takeoff and

landing at the airport.

The access plan explains how residential through-the-fence user(s) acknowledge that their

property will be affected by aircraft noise and emissions and that aircraft noise and

emissions may change over time.

The revised access agreement contains a provision in which residential through-the-fence

user(s) acknowledge that their property will be affected by aircraft noise and emissions and

waives any right to bring an action against the airport sponsor for operations at the airport.

The revised access agreement requires residential through-the-fence user(s) to complete

and file FAA Form 7460-1, Notice of Proposed Construction or Alteration, and obtain a

“no hazard” determination prior to erecting and/or altering any structures on their property.

46

The revised access agreement contains a provision addressing the sponsor’s mechanism

for mitigating (removal, tree trimming, marking, lighting, etc.) existing airport hazards, and

for stopping construction or establishment of future airport hazards, including wildlife

attractants.

The airport sponsor or local zoning authority has adopted measures to limit future use and

ownership of the residential through-the-fence properties to aviation-related uses (in this

case, hangar homes) or development the FAA generally considers as compatible with

airport operations (if available under state law).

Any restrictions or provisions adopted by a homeowners association(s) or other entity

representing the residential through-the-fence users are enforceable by the airport sponsor

and may not be cancelled without cause.

The access agreement is subordinate to the airport sponsor’s current and all future federal

obligations.

The access plan describes the airport sponsor’s ongoing program to counsel residential

through-the-fence users about their rights and responsibilities under the access agreement

as well as the airport sponsor’s federal obligations.

47

APPENDIX J

FAA Review and Action on Revised Access Plans submitted by Commercial Service Airport

Sponsors Proposing to Extend/Renew Existing Access

Review:

Verify all required documentation is included.

Verify completion of the environmental review needed to unconditionally approve any

access points on the updated ALP.

Review the revised residential through-the-fence access plan as required under Appendix F

applying the following supplement standards:

Does the plan fully comply with the terms and conditions required by statute?

Is the access agreement subordinate to the sponsor’s obligations?

Does the revised access plan address the sponsor’s ability to accommodate future

growth?

Has the sponsor or local zoning authority adopted measures to limit future use and

ownership of the residential through-the-fence property to aviation-related uses such as

hangar homes or development the FAA generally considers as compatible with airport

operations (if available under state law)?

Does the sponsor have an ongoing program to counsel residential through-the-fence

users about their rights and responsibilities under the access agreement as well as the

sponsor’s Federal obligations?

Are any restrictions or provisions adopted by a homeowners association(s) or other

entity representing the residential through-the-fence users enforceable by the sponsor?

Can they be cancelled without cause?

Review the revised residential through-the fence access agreement.

Is the term of access limited to 20 years or less?

Does the revised access agreement require residential through-the-fence user(s) to

acknowledge that their property will be affected by aircraft noise and emissions and that

aircraft noise and emissions may change over time?

Does the revised access agreement contain a provision in which residential through-

the-fence user(s) acknowledge that their property will be affected by aircraft noise and

emissions and waive any right to bring an action against the sponsor for operations at the

airport?

Does the revised access agreement allow the sponsor to impose and enforce safety

requirements and operating rules on residential through-the-fence user(s) identical to

those imposed on airport tenants and transient users?

Does the revised access agreement contain a provision addressing the sponsor’s

mechanism for mitigating (removal, tree trimming, marking, lighting, etc.) existing

airport hazards, and for stopping construction or establishment of future airport hazards,

including wildlife attractants?

Does the revised access agreement require residential through-the-fence user(s) to

complete and file FAA Form 7460-1, Notice of Proposed Construction or Alteration, and

obtain a “no hazard” determination prior to erecting and/or altering any structures on

their property?

48

Has the sponsor obtained avigation easements from residential through-the-fence

user(s) for overflight, including unobstructed flight through the airspace necessary for

takeoff and landing at the airport?

Action:

ADOs/Regional Offices should review all materials submitted by the sponsor and complete the

review checklists. Any areas of concern should be noted to ACO-100 in the corresponding

section of the forwarding memorandum. Specific concerns related to previous FAA

recommendations or the sponsor’s ability to address the supplemental standards should be noted.

ACO-100 should review all materials submitted by the sponsor to determine if the airport

sponsor meets all standards of compliance for existing residential through-the-fence access

agreements, as well as the supplemental standards. ACO-100 may recommend changes to the

revised access agreement and/or plan needed to address these standards. Final FAA acceptance

authorizes the sponsor to extend or renew the existing access agreement.

Special Conditions

The approved ALP must contain a special condition stipulating the FAA will not pay to relocate,

soundproof, or mitigate noise at any homes with residential through-the-fence access.

126 STAT. 11 PUBLIC LAW 112–95—FEB. 14, 2012

Public Law 112–95 112th Congress

An Act To amend title 49, United States Code, to authorize appropriations for the Federal

Aviation Administration for fiscal years 2011 through 2014, to streamline pro-grams, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Mod-ernization and Reform Act of 2012’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Effective date.

TITLE I—AUTHORIZATIONS

Subtitle A—Funding of FAA Programs Sec. 101. Airport planning and development and noise compatibility planning and

programs. Sec. 102. Air navigation facilities and equipment. Sec. 103. FAA operations. Sec. 104. Funding for aviation programs. Sec. 105. Delineation of Next Generation Air Transportation System projects.

Subtitle B—Passenger Facility Charges Sec. 111. Passenger facility charges. Sec. 112. GAO study of alternative means of collecting PFCs. Sec. 113. Qualifications-based selection.

Subtitle C—Fees for FAA Services Sec. 121. Update on overflights. Sec. 122. Registration fees.

Subtitle D—Airport Improvement Program Modifications Sec. 131. Airport master plans. Sec. 132. AIP definitions. Sec. 133. Recycling plans for airports. Sec. 134. Contents of competition plans. Sec. 135. Grant assurances. Sec. 136. Agreements granting through-the-fence access to general aviation air-

ports. Sec. 137. Government share of project costs. Sec. 138. Allowable project costs. Sec. 139. Veterans’ preference. Sec. 140. Minority and disadvantaged business participation. Sec. 141. Special apportionment rules. Sec. 142. United States territories minimum guarantee. Sec. 143. Reducing apportionments. Sec. 144. Marshall Islands, Micronesia, and Palau.

49 USC 40101 note.

FAA Modernization and Reform Act of 2012.

Feb. 14, 2012 [H.R. 658]

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Meeting Packet

Airport Advisory Board Regular Meeting

August 29, 2018

Airport Action Plan

ORDINANCE N0.16-12-15-03

AN ORDINANCE OF THE CITY OF LAGO VISTA, TEXAS ADOPTING THE "LAGO VISTA RUSTY ALLEN AIRPORT ACTION PLAN"; PROVIDING FOR RELATED MATTERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BYLAW

WHEREAS, the Rusty Allen Airport is within the City of Lago Vista, Texas, a home-rule municipality (hereinafter "City");

WHEREAS, the City, in 1999, adopted a plan for maintenance, development and operation; Texas Department of Transportation (TXDOT) Aviation indicated in 2014 that such Airport Master Plan should be updated and modified in accordance with TXDOT and Federal Aviation Administration (FAA) standards and should be called an Airport Action Plan ("Plan");

WHEREAS, the purpose of the Plan is to provide systematic guidelines for the Airport's overall maintenance, development, and operation and is intended to be a proactive document which identifies and then plans for future facility needs well in advance of the actual need.

WHEREAS, the City has sought review and inquiry and the opportunity for citizen participation and input in one (1) Town Hall Meeting, three (3) Airpmi Plan Advisory Committee Meetings, One (1) Airport Advisory Board Meeting, Two (2) Planning & Zoning Commission Meetings, and two (2) City Council Meeting, to be included in the creation of the Airport Action Plan; and

WHEREAS, the Airpmi Plan Advisory Committee, Airp01i Advisory Board, and the Planning & Zoning Commission have recommended adoption of the Airport Action Plan, and the City Council finding that the adoption of the Airport Action Plan, hereinafter set forth and listed in this Ordinance are reasonable and necessary for the public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, THAT:

Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.

Section 2. Adoption of the Lago Vista Rusty Allen Airport Action Plan. The Lago Vista Rusty Allen Airport Action Plan, which is set forth in Exhibit A, attached hereto and incorporated herein, is hereby adopted.

Section 3. Severability. It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of the Ordinance are severable and, if any phrase, sentence, paragraph, or section of this Ordinance shall be declared invalid by the final judgement or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentence, paragraph, or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect

other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of the Ordinance are declared to be severable.

Section 4. Effective Date. This Ordinance shall take effect immediately :from and after its passage and publication in accordance with the provisions of the Tex. Loe. Gov't. Code.

Section 5. Open Meetings. It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 551, Tex. Gov't Code.

PASSED AND APPROVED on this 15111 day of December, 2016.

ATTEST:

~~ CITY OF LAGO VISTA, TEXAS

Sandra Barton, City Secretaiy Dale Mitchell, Mayor

Lago Vista - Rusty Allen Airport

Action Plan

The City of

Lago Vista Oct. 2016

Airport Action Plan

Lago Vista – Rusty Allen Airport

TABLE OF CONTENTS

Chapter 1 – Airport Study 1

1.1 INTRODUCTION 1

1.1.1 Project Team 2

1.1.2 Action Plan Components 3

1.1.3 Action Plan Schedule 3

1.1.4 Airport Location and Access 4

1.1.5 Area Topography 5

1.1.6 Climate 5

1.1.7 Airport History 5

1.2 AIRPORT INVENTORY 7

1.2.1 Airfield Facilities 7

1.2.2 Landside Facilities 13

1.2.3 Airport Support Facilities 16

1.2.4 Airspace 18

1.2.5 Land Use Planning and Zoning 18

1.3 AIRPORT MANAGEMENT 27

1.3.1 Airport Organization 27

1.3.2 Airport Organizational Chart 29

1.3.3 Airport Rules, Regulations, and Minimum Standards 30

1.3.4 Airport Management Recommendations 31

1.4 AIRPORT FINANCIALS 32

1.4.1 Historical Cash flow 32

1.4.2 Capital Improvement History 33

1.4.3 Airport Historical Financial Summary 34

1.4.4 Rates and Charges 35

1.4.5 Financial Impact Summary 40

1.4.6 Financial Summary 40

1.4.7 Airport Budget Recommendations 41

Airport Action Plan


1.5 AVIATION DEMAND FORECASTS 43

1.5.1 Based Aircraft 43

1.5.2 Aircraft Operations 44

1.5.3 Airport Activity Forecasts 45

1.6 COMPLIANCE REVIEW 49

1.6.1 Airport Sponsor Grant Assurances 49

1.6.2 Through-the-Fence (TTF) Compliance 59

Chapter 2 – Future Use and Development 65

2.1 AIRPORT FACILITY NEEDS 65

2.1.1 Public Input on airport needs 66

2.1.2 FAA Standards Review 68

2.2 AIRPORT DEVELOPMENT NEEDS AND RECOMMENDATIONS 70

2.2.1 Property Acquisition 70

2.2.2 Runway Extension 70

2.2.3 Runway Lighting and Signage Replacement (LED) 73

2.2.4 Runway Widening 73

2.2.5 Non-Standard existing west side parallel Taxiway and holdline separation 74

2.2.6 Existing Pavement Maintenance, Rehabilitation, and reconstruction 75

2.2.7 New location for Windcone 76

2.2.8 Tie-downs 76

2.2.9 Fuel Operations 78

2.2.10 City-owned hangars 79

2.2.11 Helicopter Parking area 80

2.2.12 Terminal Building 80

2.2.13 Vehicle Parking 81

2.2.14 Perimeter road 81

2.2.15 Security increase needed, unauthorized use by ground transportation has been observed 82

2.2.16 Zoning changes for airport expansion, aviation compatible light industrial use surrounding airport 82

2.2.17 Land Swap with US Fish and WIldlife for triangle area west of Runway 15 82

Airport Action Plan


2.2.18 Increased Weight Capacity of Runway, increase in airport classification 83

2.2.19 Zoning changes for Airport hazard height zoning 84

2.3 PROPOSED IMPLEMENTATION PROGRAM 85

2.3.1 Airport Management Recommended Action Items 86

2.3.2 10 Year Capital Improvement Program (CIP) 90

2.3.3 Long Range Capital Improvement Program (2026 and beyond) 91

2.3.4 Potential Implementation Impact 92

Appendix 1: Action Plan Exhibits 93

Appendix 2: TxDOT/FAA Reference Documents 94

Appendix 3: Other Reference Documents 101

Airport Action Plan

Lago Vista – Rusty Allen Airport 1

Chapter 1 – Airport Study

1.1 INTRODUCTION

This Lago Vista – Rusty Allen Airport Action Plan was initiated as a tool for the great community of Lago

Vista, to get the airport stakeholders together, understand where the airport has been, where it is now,

and develop a plan for where it should be in the future. TxDOT Aviation Division has included this Airport

Action plan into the State’s Capital Improvement Program (CIP), using FAA Airport Improvement

Program funds. This planning project was publicly advertised through TxDOT Aviation and selection of

the consultant was made by representatives of the airport appointed by the City of Lago Vista, who owns

and operates the airport, also known as the Airport Sponsor. TxDOT Aviation Division has funded the

Action Plan at 90 percent of the total project cost, with the remaining 10 percent funded by the City of

Lago Vista. The City selected Parkhill, Smith & Cooper (PSC), a Texas Architecture and Engineering

Company with an office in North Austin based on the scoring criteria, and in February 2016, TxDOT

Aviation notified PSC they were selected.

Airport Action Plan


1.1.1 PROJECT TEAM

The City has formed an Airport Plan Advisory Committee (APAC) to be responsible for reviewing

materials, providing input and feedback on the airport plan, and to make the final recommendation for

implementation to the Airport Advisory Board, the City Planning and Zoning Commission, and to the

Lago Vista City Council. The APAC includes representation from the Rusty Allen Airport Property Owners

Association (RAAPOA), the Airport Advisory Board, the Planning and Zoning Commission, City Staff and

City Council. Airport users and neighbors were encouraged to participate in the planning process by

attending the public meetings where the planning document was introduced, reviewed and discussed.

The project kicked off with a town hall meeting and the first APAC meeting, both open to the public.

There were a total of three APAC meetings and two Planning and Zoning Commission meetings where

the plan was presented and discussed.

The project team that was instrumental in completing this project was:

City Airport Plan Advisory Committee (APAC) o City of Lago Vista

Airport Manager/Director of Development Services: David Harrell City Manager: Melissa Byrne-Vossmer City Council Liaison: Rodney Cox Planning Zoning Commission Liaison/Airport User: Jim Moss Airport Advisory Board

Airport Advisory Chair/Rusty Allen Airport POA Representative: Don Barthlow

Board Member/Airport User: Linda Bush Warren o Citizen Member: Jim Awalt

TxDOT Aviation Division Planning Project Manager: Michelle Hannah

Planning Consultant: Parkhill, Smith & Cooper o Planning Subconsultant: McFarland Architects

Public participants from the Lago Vista Community

Figure 1 - June 22nd APAC Meeting

Airport Action Plan


1.1.2 ACTION PLAN COMPONENTS

An action plan is essentially a miniature Airport Master Plan. An Airport Master Plan develops a 20 year

plan for the airport. This Airport Action Plan effort will focus on approximately the next decade, but

needed improvements may be identified which will extend beyond. This Airport Action Plan is not meant

to be a concrete plan that the City or TxDOT is committed to implementing, nor is it meant to be. As

opportunities, needs and funding evolves through the years, adjustments will likely be needed, but this

action plan will be the foundation and guidance for future development to get the Lago Vista – Rusty

Allen Airport from where it is now to where it needs to be.

The City recently completed a Comprehensive Plan dated to the year 2030. To align with the

Comprehensive Plan, there will be references in this Airport Action Plan to 2030. Funding availability from

both the City and TxDOT aviation will help determine the programming of airport developments.

This action plan will also include an update to the Airport Layout Plan including the Airport Layout

Drawing (ALD), the inner approach airspace drawing, and an updated property map. These are standard

FAA documents and will be a tool for TxDOT and the City to easily see existing and future conditions at

the airport. These will be completed once this plan is approved by City Council.

An initial step in the preparation of this Action Plan (Plan) was to collect data pertaining to the airport

and the area it serves. An inventory of the airport was accomplished through physical observation of

existing facilities, interviews with airport users, city staff, and a review of previous airport studies and

records. This chapter summarizes the airport’s background, an inventory of the airfield, a review of

airport management, aviation forecasts, and compliance review.

1.1.3 ACTION PLAN SCHEDULE

This action plan was a crucial project for the City as development has continued to increase around the

airport. The City needed to act soon to put a plan in place for property acquisition and reserve areas for

future expansion of the airport or future development would be very limited. This project was an

accelerated effort to attempt to get a plan in place before the next fiscal year and to align with efforts of

the recently completed City 2030 Comprehensive Plan. Below is the action plan schedule.

APAC Kickoff Meeting / Town hall Thursday, May 26, 2016

APAC Meeting Wednesday, June 22, 2016

Planning and Zoning Meeting Thursday, June 23, 2016

Near Final APAC And Airport Advisory Meeting Wednesday, August 3,2016

Final APAC and Airport Advisory Meeting Thursday, August 25, 2016

Final Planning Zoning Meeting Thursday, August 25, 2016

City Council Presentation Thursday, September 1, 2016

City Council Motion to Adopt Thursday, September 15, 2016

City of Lago Vista

City Council Airport Advisory

Board

Planning & Zoning Commission

Airport Action Plan


1.1.4 AIRPORT LOCATION AND ACCESS

The Lago Vista – Rusty Allen Airport (RYW) is situated in the northern part of the City of Lago Vista, in

Travis County, Texas. It is northwest of Austin, about a 35 mile drive to downtown. The City of Lago Vista

is adjacent to Lake Travis in the beautiful Hill Country of Central Texas.

Being somewhat removed from the exploding population of the greater Austin area, Lago Vista has

maintained a small town feel while enjoying fairly easy access to Austin and the Austin-Bergstrom

International Airport (AUS). This access has been increased with the expansion of the 183A Toll Road to

north of FM 1431, which is the primary arterial through Lago Vista. It begins east at I-35 in Round Rock

and ends 55 miles northwest of Lago Vista at Lake Buchanan.

The existing signage and access to the airport is off of FM 1431, heading northeast on Bar K Ranch Road

for approximately 1.5 miles. Bar K Ranch Road has steep grades. A recent construction project at the

airport had issues with concrete trucks spilling concrete on the roadway due to its grade. There is one

alternate route from FM 1431 to the airport, but without signage for airport access. The alternative access

is through Bison Road, which is 1 mile further west on FM 1431. The slope along Bison Road is less than

Bar K, but the pavement along Bison is starting to deteriorate, and with limited funds, the City does not

want to increase the demand on infrastructure by signing Bison as the primary access to the airport. To

prevent future issues with hauling materials on Bar K, the City may want to consider instructing

contractors to use an alternative route. The City’s 2030 Comprehensive Plan shows a future, new minor

arterial which would provide better access to and from the airport.

Figure 2 - Google Street View at FM 1431 and Bar K Ranch Road, primary access to the airport

Airport Action Plan


1.1.5 AREA TOPOGRAPHY

Lago Vista is in the central Texas “Hill Country” and lives up to the name. The City of Lago Vista is full of

varying topography which allows for several beautiful views of Lake Travis and rolling hills. The airport is

situated on top of a hill, which reduces airspace encroachment concerns and provides for some great

views.

Figure 3 - View from Bar K Ranch Road near the Airport with view of Lake Travis

1.1.6 CLIMATE

Lago Vista has fairly mild winters and hot, humid summers. The mean maximum temperature in the

hottest month (July) is 98 degrees. The average annual rainfall average for Lago Vista is 30 to 35 inches.

2016 has been a record setting year of rainfall and as of June 2016, Lake Travis was at 117 percent

capacity, which is a drastic change from recent years. Early in 2015, the lake was approximately 70 feet

below June 2016 levels.

1.1.7 AIRPORT HISTORY

The Rusty Allen Airport began as Bar K Airport back in 1951 to serve a local dude ranch. The runway was

paved and lengthened to 3,804 feet, its current length, in 1968 by National Resort Communities (NRC),

the original developer of what is now the City of Lago Vista. In 1986, NRC platted the Bar-K Airport

subdivision and began selling the adjacent lots. NRC sold the airport along with golf courses and other

properties to Taiyo Corporation, a Japanese real estate company, in 1990. Taiyo resurfaced the runway

and constructed the tie-down apron.

Airport Action Plan


In 1993, Taiyo experienced financial difficulties and the airport was offered to the City. A committee was

formed by the City, chaired by George Eeds, to analyze the offer and make a recommendation. The

recommendation was that the airport was a valuable asset to the City and should be acquired but should

include the tie-down apron. The City agreed with the recommendation, but did not have the resources

to pay $12,000 in back taxes and closing costs. The City was also weary of the ongoing maintenance

costs. The property owners surrounding the airport decided to form the Bar-K Airport Property Owners

Association (now, the Rusty Allen Airport Property Owners Association, RAAPOA) and partner with the

City to help it acquire the airport. In 1994, the POA wrote the City a check for $12,000 to cover the back

taxes and closing costs and established an agreement with the City to help with ongoing operation and

maintenance. That same year, the runway and taxiway were conveyed to the City of Lago Vista and the

City renamed the airport in memory of late Mayor Rusty Allen, who contributed significantly to the Lago

Vista community and was a large supporter of the airport. The renaming took place in approximately one

minute at a City Council meeting, unbeknownst to Mayor Allen.

The northern third of the runway was being used based on a lease with the U.S. Fish and Wildlife Service

for operation of the runway, but the lease was with the original developers. Soon after the City took

ownership of the airport, it was determined that the runway lease needed to be succeeded to the City. In

1995, the lease was transferred to the City to allow the City continued use of the land. That same year,

the FAA included the airport in the National Plan of Integrated Airport Systems (NPIAS) and TxDOT

included the airport in the Texas Airport System Plan (TASP). This allowed the City to use FAA funds

through TxDOT Aviation for airport improvements. According to aerial images taken in 1995, there were

16 hangars on the airfield. Now there are 49, more than three times as many. The City continues to own

only the runway, taxiways, and the small tie-down apron. Private development has continued as

evidenced by the growth in hangars.

The partnership between the City of Lago Vista and the RAAPOA that made City acquisition of the

Airport possible continues today.

Note: Airport history was obtained from a collaboration of news articles put together by George Eeds.

Airport Action Plan


1.2 AIRPORT INVENTORY

Existing facilities at the Airport are divided into three categories: airfield, landside, and support facilities.

Airfield facilities include areas such as runways, taxiways and aprons. Landside facilities include areas

such as hangars, airport buildings and auto parking. Support facilities include emergency services,

utilities and miscellaneous facilities that do not logically fall into either airfield or landside facilities.

1.2.1 AIRFIELD FACILITIES

Airport Reference Code (ARC)

According to the existing Airport Layout Plan (ALP), the airport is classified as a B-I. The “B” indicates the

Runway’s Aircraft Approach Category, or Approach Speed, of greater than 91 knots, but less than 121

knots. The “I” represents the Airplane Design Group (ADG) for the largest aircraft expected to operate

at the airport and is determined by wingspan and tail height. The pavement is rated for 12,500 pounds

and by FAA definition, aircraft weighing 12,500 pounds or less, are classified as “small”. Therefore, the

full ARC for the Airport is B-I (small).

Aircraft expected to use the Lago Vista - Rusty Allen Airport may include aircraft greater than an ARC of

B-I small. However, the existing airfield features prevent an upgrade in the ARC. This will be discussed

further in Chapter 2, but it is recommended that the City considers the ARC of B-I (small) a permanent

classification.

Runway

The existing runway is published as Runway 15-33 and is 3,808 feet long by 50 feet wide. The existing

runway is an asphaltic concrete pavement, in good condition, as it was recently rehabilitated with a

surface treatment through a TxDOT Aviation Capital Improvement Grant project.

Figure 4 - Runway 15-33

Airport Action Plan


The FAA Advisory Circular 150/5300-13A was used to develop the runway standards below:

Table 1 - Runway Standard Dimensions (ARC B-I small)

Runway Feature Dimension Standard Value (ft)

Runway Width 60 ft

Runway Safety Area (RSA)

Length Beyond End 240 ft

Width 120 ft

Runway Object Free Area (ROFA)


Width 250 ft

Runway Object Free Zone (ROFZ)


Width 250 ft

Runway Protection Zone (RPZ)

Length 1000 ft

Inner Width 250 ft

Outer Width 450 ft

Runway Centerline Separation to:

Holding Position 125 ft

Parallel Taxiway/Taxilane Centerline 150 ft

Aircraft Parking Area 125 ft

Taxiways and Taxilanes

The existing taxiway system at the Lago Vista – Rusty Allen Airport includes two partial parallel taxiways,

either side of the runway along with other hangar access taxiways which feed into the parallel taxiways.

Most of the taxiways are asphaltic concrete pavement and have been recently rehabilitated with a

surface treatment and restriped. In 2016, a project was completed to reconstruct the south end of the

west parallel taxiway. This pavement was reconstructed with portland cement concrete.

Figure 5 - West Side Taxiway connecting hangars to the west side parallel taxiway

Airport Action Plan


Figure 6 - West Side Parallel Taxiway (looking south)

The Taxiway Design Group (TDG) for all taxiways at the airport is 1A. This is evident based the existing

aircraft using the airport and the existing taxiway dimensions. TDGs are classified from 1A to TDG 7 and

are based on the main gear width and cockpit to main gear dimension. The TDG only affects taxiway

design including width and taxiway intersections. Airplane Design Group (ADG) is used to determine

Taxiway Safety Areas and Taxiway Object Free Areas. See below for the standard taxiway dimensions

for the Lago Vista – Rusty Allen Airport, with a TDG of 1A and an ADG of I.

Table 2 - Taxiway Standard Dimensions (ADG I, TDG 1A) Taxiway Feature Standard Value (ft)

Taxiway/Taxilane Width 25 ft

Taxiway/Taxilane Safety Area Width 89 ft

Taxiway Centerline to Parallel Taxiway/Taxilane Centerline 70 ft



Taxiway Centerline to Fixed or Movable Object 44.5 ft

Taxilane Centerline to Parallel Taxilane Centerline 64 ft

Taxilane Centerline to Fixed or Movable Object 39.5 ft

Taxiway Wingtip Clearance 20 ft

Taxilane Wingtip Clearance 15 ft

Taxiway Shoulder Width 10 ft

Airport Action Plan


Aprons and Aircraft Parking

There are currently 11 aircraft tie-downs on the City owned tie-down apron. There is one vehicle parking

lot, but access is limited as it is accessed through setbacks on private property or by driving on the west

side parallel taxiway. Most of the tie-downs are currently occupied long term, which makes it very

difficult to accommodate itinerant traffic, those that may use the airport, but are not based at the airport.

Itinerant traffic is beneficial as it can allow people to visit the airport and the City, spending money in fuel,

food, lodging, and shopping, thereby boosting the local economy. Without space for itinerant traffic, the

City may be missing out on opportunities to benefit the community.

Figure 7 - Tie-Down Apron

Airfield Lighting

Airfield edge lighting systems are categorized as low, medium, or high intensity. The color of the lights

is also important as it indicates to pilots where they are in the airport environment. For example, runway

edge lights are white and taxiway edge lights are blue. RYW has a medium intensity runway edge lighting

system, which is pilot controlled by keying the microphone inside of the aircraft. The taxiways, apron

and taxilanes are not lit.

Figure 8 - Existing Runway Edge Light

Airport Action Plan


Airport Navigational Aids

Airport Navigational Aids, or NAVAIDS, provide navigational assistance to aircraft for approaches to an

airport. NAVAIDS are classified as visual approach aids or instrument approach aids; the former

providing a visual navigational tool and the latter being an instrument-based navigational tool. The types

of approaches available at an airport are based on the NAVAIDS provided. The following sections

describe existing NAVAIDS at the Airport.

Visual Approach Aids

The Airport has two forms of visual approach aids. A two-box Precision Approach Path Indicator (PAPI)

is located at each runway end and an Airport Beacon is located on the west side of the runway at the

northwest corner of the tie-down apron. PAPIs give glide slope information to pilots on final approach

by displaying sequences of different colored lights to maintain a safe glide slope for landing.

Instrument Approach Aids

The airfield does not currently have instrument approach aids, but Runway 15 does has an instrument

approach procedure, which can be used when the visibility and cloud ceiling are below minimums for

Visual Flight Rules (VFR) conditions. Table 1A details the approaches currently available at the Airport.

It was confirmed with FAA Flight Procedures Team that on January 5th, 2017, the airport is scheduled to

have a non-precision instrument GPS approach to Runway 33.

Figure 9 - Runway 33 PAPIs Figure 10 - Airport Rotating Beacon

Airport Action Plan


Table 3. Instrument Approach Procedures

Approach Name Runway End Serviced Approach Minimums

Ceiling (feet)

Visibility (statute miles)

RNAV LP MDA 15 1600 1

RNAV LNAV MDA 15 1620 1

RNAV Circling 15 1700 1

GPS Anticipated 1/5/2017

33

Other NAVAIDS

The airport also has Automated Weather Observation System (AWOS III) providing real-time weather

information, located east of the runway. The wind sensor on the AWOS requires certain separation from

obstructions which could impact wind readings. An exhibit has been included in the appendices including

guidance for development surrounding the AWOS. Future development considerations should include

provisions to prevent obstructions to the wind sensor.

Figure 11 - Lago Vista AWOS III located east of the runway.

Airport Action Plan


1.2.2 LANDSIDE FACILITIES

Hangars and Other Buildings

There are no on-airport, City owned hangars. All based aircraft users with hangars are through-the-fence

(TTF) operators, private property owners with hangars and access to the airfield. The City has a master

access agreement with the Property Owners Association for access to the airport. The City and other

stakeholders have expressed the need for City owned hangars, a terminal building, and better restrooms.

The existing public restroom is a portable style restroom.

Figure 12 - Existing Public Restroom

Aviation Services

A fixed based operator (FBO) is an individual or a business that offers aviation-related services such as

flight instruction, aircraft rental, aircraft maintenance, hangar/tie-down storage, and aircraft fueling to

airport users. Currently, Lewis Ventures, is the only on-airport business. It owns and operates the airfield

fuel service, with AvGAS only, and it is self-serve. While technically an FBO by definition, it does not

provide on-airport staff or any other service. The fuel provider currently pays the City $1 per year per the

current agreement. There are no other on-airport FBOs. However, through existing through-the-fence

agreements there are some services offered by property owners including flight training, aircraft repair,

and maintenance.

Airport Action Plan


Figure 13 - Existing Self Serve Fueling Station (AvGAS only)

Airport Access and Vehicle Parking

There is one official public entrance and one unpaved access point through a vacant lot. There is one lot

available for vehicle parking, but it is not near the entrance. It is off of the taxiway and there is no roadside

access or signage to the parking lot. Other than this, there are no designated parking areas on the airfield.

Part of the development plan includes possible areas for a defined airport entrance with vehicle parking.

Figure 14 - Existing Vehicle Parking Lot Aerial View

Airport Action Plan


Figure 15 - Existing Vehicle Parking Lot Elevation View

Adjacent to the fueling station, the city also has a covered picnic area with a bulletin board.

Figure 16 - Existing Public Picnic Area

Airport Action Plan


Other

The Balcones Canyonlands, conservation land and trail is north of the airport, with gated access to a fire

access road to the airport.

1.2.3 AIRPORT SUPPORT FACILITIES

Public Transportation/Loaner Car

Currently, there are no public transportation options for visitors flying in to the Airport. Having some

sort of transportation option at the airport would help attract visitors and could increase tourism

revenue for local businesses. Many general aviation airports, similar to Lago Vista, provide a loaner car

for pilots, usually an old police vehicle. The City should consider providing a loaner car to attract visitors

and allow them to experience all Lago Vista has to offer. This has potential to not only increase City

revenue through fuel sales, but will have an economic benefit to the Lago Vista community as well.

Emergency Services

Lago Vista Police and Fire service from Travis County ESD #1 currently serve the airport area. The

residents of the airport have voiced potential for a partnership with a local fire district to provide service

at the airport, possibly developing some permanent use at the airport such as a post or training facility of

some sort. The nearest public heliport for medical use is at the Cedar Park Regional Medical Office,

approximately 15 miles east of Lago Vista.

The City should contact the local fire authority, police, and local ESD and see if a possible partnership for

access through the Airport or the Airport environ would be needed or useful, and if it’s feasible. Also will

need to coordinate with the Balcones Canyonlands fire services staff.

Airport Maintenance

Airport maintenance is provided by the City and through use of TxDOT Aviation’s Routine Airport

Maintenance Program (RAMP), which reimburses the City 50 percent of maintenance costs up to

$50,000. Airport maintenance activities eligible for RAMP would include herbicide, pavement

maintenance, drainage, sweeping, lighting bulb replacements, NAVAID repair and maintenance, AWOS

maintenance, City owned hangar repairs and maintenance, airport entrance signs and landscaping,

fencing, gates and openers, and small capital improvement projects (terminal buildings, utility projects,

parking, airfield expansion, etc).

Airport Fencing

The Airport is currently not fenced. There is a gate at the main entrance, but there is another unofficial

entrance through a vacant lot. During the kickoff meeting, one of the users mentioned the need for better

security as he had seen unauthorized use of airfield pavement by people with no aeronautical purpose.

Airport security is an important feature for an airport. FAA standards for airport design intends to

minimize mixed pavement used for aircraft and ground transportation. In general terms, aircraft and cars

Airport Action Plan


do not mix. Besides allowing direct access to and from hangars by those of aeronautical intent, airfield

pavement should be used for landing, departing, and taxiing, only. Exceptions would include airfield

inspections, construction, and maintenance activities. Keeping a secure airport perimeter with vehicular

gates reduces unauthorized use of airfield pavements. Keeping a secure airfield also prevents accidental

entrances to the airfield, especially the runway area, reducing risks of incursions. Airport security also

protects the City and TxDOT/FAA’s investment in NAVAID’s, lighting, and other equipment. At

minimum, the City should consider vehicular access gates to prevent unauthorized ground

transportation from using airfield pavement, whether accidental or purposeful.

Currently, there is an unofficial entrance through a vacant lot by the F-4 Phantom Airport sign, not

collocated with the official airport entrance. This unofficial access to the airport property increases

chances for unauthorized access onto the airport by non-aeronautical users.

Utilities

Utilities and public services provided at the Airport include:

Water – City of Lago Vista provides this service to the airport and its users.

Sanitary Sewer: The City provides sanitary sewer as well.

Electricity: Pedernales Electric Cooperative offers electric service to the airport.

Overhead power lines provide much of the electrical power to structures on the airport, but electricity to

airfield elements are through a buried circuit.

There are also on-airport stormwater facilities owned by the City.

Airport Signage. Guidance signs to the Airport are located on FM 1431 at Bar K Ranch Road and at the

intersection of Bar K and Timber Trail, and the welcome airport sign is a mounted F-4 Phantom, see figure

below. It is confusing when traveling north on Bar K, whether to turn right or stay on Bar K to get to the

airport entrance. The Airport could use a standard airport with arrow sign at the stop sign at Rawhide

Trail and Bar K Ranch Road.

Figure 17 - F-4 Phantom Airport Sign

Airport Action Plan


1.2.4 AIRSPACE

The FAA is responsible for the control and use of navigable airspace within the United States. Aircraft in

flight, whether approaching or departing an airport, are subject to varying degrees of FAA control

depending on location and meteorological conditions. These levels of control are called airspace classes.

The alphabet characters A through G distinguish classes, with A being most restrictive and G being

“uncontrolled” airspace. Each class has a unique shape and rules that govern such things as visibility

minimums and cloud clearances. Lago Vista – Rusty Allen Airport is shown on the San Antonio Sectional

Chart and is in Class E airspace, with Class G below 700 feet above ground level at the airport location.

Traffic flows at the Airport are standard, left-hand patterns. Airport users report that the majority of

aircraft land and takeoff from Runway 15.

1.2.5 LAND USE PLANNING AND ZONING

The following land use and zoning discussion focuses on four areas:

Airport Environs zoning and land use.

Surrounding area zoning and land uses.

Protection of airport airspace.

Ownership/control of airport runway protection zones to enhance the safety of people and

property on the ground.

Existing Airport Environs Zoning and Land Use

The airport property itself is zoned C-4, Airport Commercial. According to the City documents, the

purpose of this district is to include land within City limits to “be used for the commercial development

of an airport, to include aircraft operating and refueling areas, hangars, and ramp space related to

aviation” and for financial, administrative, and business services compatible with the airport. There are

also properties adjacent to the airport with access to the airport zoned C4. Most of these lots are occupied

by hangars or hangar homes. This zone includes required front setbacks for a majority of the lots, and a

rear setback without a front setback for the remaining lots. If living area is included on the lot, the

minimum required living area is 750 sf. There are four lots with access to the airport which are

undeveloped and are zoned RR-A, Restricted Single Family with Aircraft, allowing for a hangar home

with through-the-fence access. The required front and rear setbacks are 25 feet, which is to allow shared

taxilane access to the parallel taxiway.

Airport Action Plan


Surrounding Area Zoning and Land Use

The area surrounding the north third of the runway and continuing off the north end of the airport is

outside of city limits, in unincorporated Travis County. The lots surrounding the southern two-thirds of

the runway, outside the airport environ, are zoned R-1A and R-1B, single family residential, with

minimum 1,200 sf and 1,500 sf living area, respectively. The recently completed City 2030

Comprehensive Plan recommends rezoning many of the residential lots to the west and east of the

runway as airport compatible industrial use. It recommended most of the area to the south of the airport

be converted to conservation/parkland as the steep slopes make the area generally undevelopable.

The FAA does not have a clear policy for land use compatibility zoning. The FAA recognizes that zoning

is a local effort. California and Washington state have both developed and started using Airport Impact

Zones for general aviation airports as a land-use compatibility tool. Their approach would align with the

approach in the Comprehensive Plan, to rezone the areas to the sides of the runway to industrial. Much

of the available guidance for land use addresses noise compatibility. Noise modeling was not part of the

scope of this project, but it is not needed. With the recommended rezoning of the sides of the runway

and the airport being at the top of a hill with significant downhill slopes past the end of the north and

south runway, this is a sensible approach to airport compatible land use.

Exhibit 2 on the next page shows the existing zoning and recommended changes based on the 2030

Comprehensive Plan and the development plan.

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PARKHILL SMITH&COOPER

Feet

0 400 800

ULTIMATE RPZ

(250' X 450' X 1000')

ZONING LEGEND

CITY LIMITS

ZONE C4: COMMERCIAL, AIRPORT

ZONE RR-A: RESTRICTED SINGLE FAMILY WITH AIRCRAFT

ZONE R-1A: SINGLE FAMILY RES. (MINIMUM 1200 SF LIVING)

ZONE R-1B: SINGLE FAMILY RES. (MINIMUM 1500 SF LIVING)

ZONE U-1: GOVT., EDU., IND, UTILITY, AND INSTITUTIONAL

PROPOSED FUTURE AIRPORT COMPATIBLE USE (AS IDENTIFIED IN

COMPREHENSIVE PLAN)

PROPOSED FUTURE AIRPORT USE (CITY OWNED)

PART 77 IMAGINARY AIRSPACE SURFACES

RUNWAY PROTECTION ZONE

EXISTING RPZ

(250' X 450' X 1000')

EXISTING/ULTIMATE RPZ

(250' X 450' X 1000')

RUNWAY 15-33 (3808' X 50' EXISTING, 4608' X 60' ULTIMATE)

TAXIWAY B (OFA 89')

LAGO VISTA - RUSTY ALLEN AIRPORT

AIRPORT ACTION PLAN

CITY OF LAGO VISTA, TX

LAGO VISTA AIRPORT ZONING

EXHIBIT 2

TRAVIS COUNTY CITY OF LAGO VISTA


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Airport Action Plan


Protection of Airport Airspace

The airport's location on top of a hill helps minimize encroachments into the airport airspace. The FAA

has several different types of imaginary surfaces, but in planning efforts Part 77, Imaginary Surfaces are

the standard airspace used for analysis and planning land uses. See figure below for a visual of these

surfaces.

Figure 18 - Part 77 Airspace Imaginary Surfaces (from TxDOT Aviation's Airport Compatibility Guidelines, 2003)

The dimensions for each of these imaginary surfaces vary depending on airport features including if the

airport is a utility runway (12,500 pounds and less) and if what type of approach procedure is available for

the runway end. The airport currently has a GPS approach available for Runway 15, which is a

non-precision instrument approach. The imaginary surface characteristics specific to Lago Vista – Rusty

Allen Airport are summarized below:

Primary Surface: o Lateral Geometry: 500 feet wide, centered on the runway, extending 200 feet past the

runway end. o Vertical Geometry: Matches elevation of runway ends.

Airport Action Plan


Approach Surface: o Lateral Geometry: Starts at the end of the primary surface, matching the width of the

primary surface and extends 5,000 feet outward in line with runway centerline, extending to a width of 2,000 feet.

o Vertical Geometry: Starting at the end of the primary surface, matching the associated runway end elevation, increasing in elevation at a slope of 1 vertical to 20 horizontal.

Horizontal Surface: o Lateral Geometry: Half circles with a radius of 5,000 feet centered on the ends of the

primary surface opening towards the runway and connected with lines. o Vertical Geometry: A horizontal plane 150 feet above the higher of the 2 runway ends,

(also known as the airport elevation.)

Transitional Surface: o Lateral Geometry: Limits of this surface are determined by the vertical geometry. The

surface starts at the sides of the primary and approach surfaces and extends perpendicular to and away from the runway centerline to where the slope intersects the horizontal surface.

o Vertical Geometry: Elevation increases at a slope of 1 vertical to 7 horizontal.

Conical surface: o Lateral Geometry: The surface is the space between the horizontal surface and an

outward 4,000 feet offset of the horizontal surface. o Vertical Geometry: The surface elevation increases perpendicular to the horizontal

surface at a slope of 1 vertical to 20 horizontal with the outer edge being 200 feet above the horizontal surface.

Part 77 surfaces are used to identify obstructions. Best practices are for Part 77 surfaces to be clear of

obstructions, but according to FAA AC 150/5300-13, Airport Design, section 306, “the airport operator

[City of Lago Vista] is not required to prevent or clear the penetrations to the Part 77, Subpart C,

imaginary surfaces when the FAA determines these penetrations are not hazards.”

FAA determines if an obstruction to the Part 77 surfaces is actually a hazard. The FAA is typically more

concerned with obstructions to approach surfaces and obstructions close to the runway ends, the most

critical area for airspace safety. And while obstructions to primary and transitional surfaces are not

desirable, they tend to not be as much of a concern to FAA. If there are obstructions in the primary or

transition surface that are identified as hazards by FAA, many times they may be mitigated with

obstruction lighting.

With the topography of the airport, it is unlikely that construction in the vicinity would create

obstructions in the approach surfaces. The existing primary and transitional surfaces contain

obstructions including existing hangars and likely trees at the north end. FAA makes the determinations

if obstructions are considered hazards, but it was not the intent of this plan to seek that determination.

However, any new construction within the airport environ, including private, TxDOT, or City construction

should abide by the Code of Federal Regulations (CFR) Part 77, and file a Notice of Proposed Construction

or Alteration, Form 7460, if required. The form has been included in Appendix 2. The instances which

require a notice to be filed for determination are below (directly from 7460 form).

Airport Action Plan


“77.9 Construction or alteration requiring notice.

If requested by the FAA, or if you propose any of the following types of construction or alteration, you must

file notice with the FAA of:

1. Any construction or alteration that is more than 200 ft. AGL at its site. 2. Any construction or alteration that exceeds an imaginary surface extending outward and upward at

any of the following slopes: a. 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway

of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports.

b. 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.

c. 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section.

3. Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section.

4. Any construction or alteration on any of the following airports and heliports: a. A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific

Chart Supplement of the U.S. Government Flight Information Publications; b. A military airport under construction, or an airport under construction that will be available

for public use; c. An airport operated by a Federal agency or the DOD. d. An airport or heliport with at least one FAA-approved instrument approach procedure.

5. You do not need to file notice for construction 6. or alteration of:

a. Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;

b. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;

c. Any construction or alteration for which notice is required by any other FAA regulation. d. Any antenna structure of 20 feet or less in height, except one that would increase the height

of another antenna structure”

Exhibit 4 Lago Vista Airspace, on the next page, shows elevation contours for the Part 77 surfaces at the

airport along with colored shading showing the airspace height above the existing ground.

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HEIGHT ABOVE GROUND SURFACE LEGEND

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CITY LIMITS

ULTIMATE PART 77 IMAGINARY AIRSPACE SURFACE

BOUNDARIES. SEE ACTION PLAN FOR SURFACE DESCRIPTIONS.

PART 77 IMAGINARY AIRSPACE SURFACE ELEVATION (FT ASL)

RUNWAY PROTECTION ZONE (RPZ)

1000



AIRPORT ACTION PLAN


LAGO VISTA AIRSPACE

EXHIBIT 4


CITY OF LAGO VISTA

APPROACH

SURFACE

APPROACH

SURFACE

TRANSITIONAL

SURFACE

TRANSITIONAL

SURFACE

HORIZONTAL

SURFACE

HORIZONTAL SURFACE

PRIMARY

SURFACE

EXISTING

RUNWAY

PROTECTION

ZONE (RPZ)

ULTIMATE

RUNWAY

PROTECTION

ZONE (RPZ)

TRAVIS COUNTY

NOTE: WHILE SOME OF THE EXISTING AND

FUTURE (ULTIMATE) AIRPORT IS IN TRAVIS

COUNTY AND NOT THE CITY LIMITS, POWER TO

REGULATE AIRSPACE THROUGH A HEIGHT

HAZARD ZONING ORDINANCE HAS BEEN

GRANTED TO THE CITY OF LAGO VISTA BY

TRAVIS COUNTY AND JONESTOWN THROUGH

A JOINT ADVISORY BOARD THAT WAS FORMED

TO CREATE THE HEIGHT HAZARD ZONING

ORDINANCE.

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Airport Action Plan


There have historically been some obstructions to the Threshold Siting Surface (TSS) at the north end of

the airport, not within the Airport’s control. It is recommended as part of land acquisition for a future

runway extension, that the City seek an avigation easement to allow the City the authority to remove

obstructions.

The City has an airport Hazard Zoning Ordinance, number 99-10-18-01, which limits construction to

prevent obstructions to airspace and includes certain restrictions to land use. This ordinance is included

in the Appendices.

Ownership/Control of Runway Protection Zones

The Runway Protection Zones (RPZ) are to enhance protection of the public on the ground. It is a

trapezoid shape off the end of the runway. The RPZ does not have a vertical component and merely

defines an area for land use purposes. FAA’s guidance is for the airport to have control of the land in the

RPZ, preferably achieved through owning the property, but where ownership is not possible, acquiring

an easement. The following are acceptable uses for RPZ areas, according to FAA Advisory Circular

150/5300-13A:

Farming

Irrigation Channels with meet FAA/USDA Manual and FAA AC 150/5200-33

Airport service roads, as long as they are not public road and directly controlled by the airport

Underground facilities as long as they meet other design criteria (RSA, etc.)

NAVAIDs and airport facilities considered to be fixed by function

It was discussed in the APAC meetings and is shown on the Proposed Property Plan, Exhibit 1 (next page)

for the City to pursue ownership of the RPZ for both runway ends.


AIRPORT ACTION PLAN



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0 500 1000

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(FOR OBSTRUCTION

REMOVAL AND

PREVENTION)

120.0' RSA250.0' ROFA/ROFZ

EAST SIDE HANGAR

DEVELOPMENT PROPERTY

ACQUISITION PHASE 1

(5.62 ACRES)

PROPERTY ACQUISITION

FOR EXISTING AND

ULTIMATE RPZ, FUTURE

TIE-DOWN APRON AND

ASSOCIATED OBJECT FREE

AREA (15.9 ACRES)

LIMITS MAY ADJUST DURING

NEGOTIATION PROCESS

WEST SIDE TIE-DOWN

APRON DEVELOPMENT

ACQUISITION PHASE 1

(1.90 ACRES)

PROPERTY

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FOR EXISTING

AND ULTIMATE

RPZ (6.7 ACRES)

LEGEND

EXISTING PROPERTY LINE

ULTIMATE PROPERTY LINE

EXISTING AIRPORT PROPERTY

PROPERTY TO ACQUIRE FOR FUTURE DEVELOPMENT

EXISTING EASEMENT

PROPERTY TO ACQUIRE AIRSPACE EASEMENT

THRESHOLD SITING SURFACE



RUNWAY SAFETY AREA

OBJECT FREE AREA

PROPOSED RUNWAY

EXTENSION (800 FT) WITH

OPTIONAL EAST OR WEST

PARALLEL TAXIWAY

300.0' EXTG RW EASEMENT

TRIANGLE AREA*

(16.7 ACRES)

PENN

PROPERTY

USFW

PROPERTY

AIRPORT PROPOSED PROPERTY PLAN

EXHIBIT 1

* TRIANGLE AREA NOTE: THIS AREA HAS BEEN IDENTIFIED AS

DESIRABLE FOR THE CITY TO OWN. THIS AREA IS OWNED BY US

FISH AND WILDLIFE AND INITIAL CONVERSATIONS INDICATE THAT

ACQUISITION MAY BE VERY UNLIKELY. CITY TO INITIATE CONVERSATIONS

WITH US FISH AND WILDLIFE TO DETERMINE VIABILITY OF DEVELOPING THIS

AREA EITHER THROUGH EXPANSION OF EXISTING RUNWAY EASEMENT OR

ACQUISITION THROUGH A LAND SWAP.

EAST SIDE HANGAR


ACQUISITION PHASE 2

(4.41 ACRES)

WEST SIDE TIE-DOWN

APRON DEVELOPMENT

ACQUISITION PHASE 2

(1.36 ACRES)

194.5'

PENN

PROPERTY

USFW

PROPERTY

PENN

PROPERTY

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Airport Action Plan


1.3 AIRPORT MANAGEMENT

1.3.1 AIRPORT ORGANIZATION

The City of Lago Vista owns and manages the Lago Vista – Rusty Allen Airport. There is not a dedicated

airport manager so the City assigns the role of Airport manager to the Director of Development Services.

By city code, the City Manager assigns the role of Airport Manager to a department director. There is an

on-site Airport Supervisor providing maintenance and management services, but of a very limited scope,

and at minimal cost. The City also has an Airport Advisory Board, which meets bi-monthly, and makes

recommendations to the City Council. There is a City Council Liaison assigned to the Airport Advisory

Board to allow collaboration and alignment of initiatives. The Rusty Allen Airport Property Owners

Association (RAAPOA) has been and continues to be helpful in teaming with the City to address airport

issues and move the Airport forward. Chapter 4 and 9 of the city code have been reviewed and the roles

and responsibilities for each of these are summarized below. See Figure 1, below, for an airport

organizational chart.

City of Lago Vista City Council

The City Council has ultimate authority for decisions made concerning the airport. This includes, but is

not limited to, approval of the airport budget, airport contracts and agreements, development plans,

development projects, receiving grant funds, airport advisory board appointees, and personnel as may

be authorized in the annual budget.

Director of Aviation

The City Manager is responsible for appointing the Director of Aviation. Currently, the Director of

Development Services is the Designated Airport Director. This is the point of contact for the airport for

the public and for TxDOT for coordination of programming, grants, planning, and engineering. The other

responsibilities include management of any airport development, maintenance of the City’s facilities,

operational continuity of the airport, enforcement of airport rules, suspension or restriction of airport use

when necessary, issue Notices to Airmen (NOTAMs) for the airport, act as liaison to the Airport Advisory

Board, City manager, and City Council, and supervise and negotiate terms and recommend approval of

contracts and regulations for use of airport property.

The airport also has a “Superintendent”, a caretaker who receives minimal funds ($100 per month) to

be an on-airport resource.

Airport Advisory Board

The Airport Advisory Board is a volunteer board consisting of five members and two alternates. The

board’s responsibilities are to advise the city council in identifying short and long-term needs and their

impact on airport development, recommend achievable goals as a basis for long-range planning and

development programs, and to recommend plans, programs, policies and priorities to help the airport

achieve said goals.

Airport Action Plan


Rusty Allen Airport Property Owners Association (RAAPOA)

Historically, the RAAPOA has been actively involved in the operation of the airport. Many of its members

are on the Airport Advisory Boards and attend the bi-monthly meetings. The official roles of the RAAPOA

are to collect the access fee from its members and pay the access fee to the City. The RAAPOA also

participates financially in capital improvement projects limited to 5 percent of the total project cost,

unless both the City and RAAPOA agree to other arrangements. In the event that there are maintenance

or repair costs for which the City is not able to obtain other funding sources, the RAAPOA may also fund

at 50 percent up to an amount of $2,000 for such repairs. As allowed by city code, the RAAPOA may also

recommend three members and one alternate to the Airport Advisory Board. This information was

obtained from Chapter 9 of the city code and the Funding Commitment and Access Fee Agreement for the

Rusty Allen Airport Between the City of Lago Vista, TX and Rusty Allen Airport Property Owners Association,

Inc. effective July 1, 2009. The RAAPOA members also provide an unofficial on-airport presence acting

as a resource to the public and identifying maintenance and safety concerns.

The RAAPOA is also responsible for collection of tie-down and other on-airport fees according to the

agreement. Currently, the fees collected are deposited into the RAAPOA’s account and used towards the

five percent match the RAAPOA puts towards capital improvements. According to standard practices

and TxDOT review in regards to compliance, it is recommended this arrangement should cease. Revenue

generated in tie-downs owned by the City should go directly to the City. It has been expressed by some

members and board members of the RAAPOA that they would desire to reduce their managerial role in

the airport, specifically collecting on-airport fees.

The RAAPOA are currently the majority of the airports users and have been instrumental in keeping the

airport open. Not only did they provide funding for the City to take over the airport, but they continue to

be involved in the Airport Advisory Board and through their current agreement, have some

responsibilities at the airport. As the Airport continues to grow and the City takes on more active

management, the role of the RAAPOA will diminish, but its involvement will continue to be crucial to the

airports success.

Airport Action Plan


1.3.2 AIRPORT ORGANIZATIONAL CHART

The airport management and organization was discussed at the second APAC meeting. It was decided

that the following would represent the airports organization. Everyone agreed the current primary point

of contact for the airport is the Director of Development Services, David Harrell.

Figure 19 - Airport Organizational Chart

City of Lago Vista City Council

City Manager

Director of Development

Services (Director of Aviation)

Airport Superintendent

Airport Advisory Board


Owners Association

Airport Action Plan


1.3.3 AIRPORT RULES, REGULATIONS, AND MINIMUM STANDARDS

Airports typically have two documents to help govern operations at an airport, Rules and Regulations

and Minimum Standards. Rules and Regulations typically covers normal operations and provides

requirements to ensure safety. Minimum Standards are typically used for Fixed Base Operators, or

FBOs. FBOs are commercial entities providing aeronautical commercial services. Minimum

Standards serves as a governing document for FBO operations on the airport and includes insurance

requirements, provisions to ensure safety and security, and the rights and responsibilities of the FBO

and the airport owner. Minimum Standards help ensure that the airport operates in compliance with

grant assurances requiring open competition, not allowing exclusive rights, and preventing economic

discrimination of on-airport FBOs.

Rules and Regulations / Minimum Standards Recommendations

The City currently has a document named “Minimum Airport Standards” in the city code, Article

4.900. The document is similar to a Rules and Regulations document and is included in the

Appendices. Template examples from TxDOT Aviation for Rules and Regulations as well as Minimum

Standards for Fixed Base Operators (FBO) are also included in the Appendices. It is recommended that

the City develop Airport Minimum Standards specific to the airport, using TxDOT Aviation’s template

as a guide.

For the existing City “Minimum Airport Standards” document, the City could use this as the “Airport

Rules and Regulations." The following are recommendations to the minimum standards document:

Consider changing the name to “Airport Rules and Regulations”. Minimum Standards are

typically used for Fixed Base Operators (FBOs.)

Consider drafting Minimum Standards for future FBOs using TxDOT’s template as a guide. This

could also be used for Through the Fence (TTF) FBOs. See section Section 1.6.2 of this document

for a thorough-the-fence review and recommendations.

Include insurance requirements, see TxDOT Template Rule 7-11.

Sec 4.906 Taxiways.

Clarify “On airport” taxiway extension vs. TTF taxiway access (require POA

membership/dues).

Sec 4.914(c) (5), Vehicle Requirements for Crossing Primary Landing Area.

Instruct vehicles to stop at the hold line (instead of “stop well clear of the runway”)

Sec 4.918 Fueling of Aircraft

Consider modifying section to align with changes to fuel arrangement

Airport Action Plan


1.3.4 AIRPORT MANAGEMENT RECOMMENDATIONS

The Lago Vista – Rusty Allen Airport is a unique airport and operates in a very unique way. The Airport is

owned and managed by the City of Lago Vista, but the RAAPOA represents a majority of the airports

users and the Airport Advisory Board, providing the City guidance in the management of the airport. The

City of Lago Vista has limited funding and staff resources and is not currently capable of providing part

or full time on-airport staff, so this partnership with the RAAPOA has been crucial in allowing continued

operation of the airport. The City desires to grow the airport to provide typical features of a public airport,

develop revenue generating facilities to make the airport self-sustaining, and provide capacity for the

increasing aviation demand. The RAAPOA also desires to step back in the active role it serves for the

airport. The agreement with the RAAPOA expires in 2019, which would be a great time for the City to

improve the management of the Airport, including changes to the agreement with the RAAPOA. This is

discussed in further detail in Section 1.6.2, Through-the-Fence Compliance, but in sum, the

recommended changes to the agreement in regards to the RAAPOA responsibilities are for the City to

take over the collection of on-airport fees and discontinue the five percent Capital Improvement match

funding from the RAAPOA. The goal should be for the City to take on full management of the airport.

This may require either an increase in the role of the current Airport Superintendent, relieving the Airport

Director of other responsibilities in order to allow for more time to dedicate to the airport, or hiring a

separate Airport Manager, part or full time. As the Airport continues to increase its revenue, airport

management options should be considered, especially when City-owned hangars become a reality. The

informal roles the RAAPOA currently fulfills will likely and should continue due to the nature of the

airport. These include identifying maintenance issues with pavement and other facilities, notifying the

City of unauthorized use of the airport, and being an on-airport resource for the public that either drive

or fly to the airport, among other things.

TxDOT Aviation has expressed confusion regarding the Airport's main point of contact. In issues

concerning the airport, there should be one primary point of contact. With the City taking on more

management and rearranging the TTF agreement, this should help, but the City, Airport Advisory Board,

and RAAPOA should also disseminate the airport organizational chart and direct all airport management

type requests or issues through the designated point of contact. The City and APAC have determined the

main point of contact to be the Director of Development Services, David Harrell. Any meetings with

TxDOT, neighbors, or property owners concerning the airport and any requests or communications on

behalf of the airport should involve this point of contact.

Airport Action Plan


1.4 AIRPORT FINANCIALS

Airport financial records for the past 15 years from the City and TxDOT were reviewed to develop an

overall financial picture for the Airport. The financial records were used to calculate average annual

operating and capital improvement expenses as well as revenue. Some reasonable assumptions were

taken as the data provided did not completely account for all funds spent. The following subsections

provide a brief summary of historical financial information for the Airport.

1.4.1 HISTORICAL CASH FLOW

The financial data was consolidated to simply show airport expenses and revenue, shown in a cash flow

diagram, below.

Figure 20 - Airport Cash Flow. Note that expenses include Capital Improvements as well as operational costs.

$(200,000.00)

$(150,000.00)

$(100,000.00)

$(50,000.00)

$-

$50,000.00

$100,000.00

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Lago Vista - Rusty Allen Airport Cash Flow

Revenue

Operational and Maintenance Expenses

Capital Improvement Expenses (Direct Cost to City)

Net

Airport Action Plan


1.4.2 CAPITAL IMPROVEMENT HISTORY

The City and TxDOT financial data was compiled and analyzed to determine how much the airport has

spent on capital improvements. The following tables show the capital improvements by the City alone

and by TxDOT with matching funds from the City. Routine Airport Maintenance Program (RAMP)

projects were not included in the capital improvements as they are accounted for in the operational

expenses.

Table 4 - TxDOT Capital Improvements

TxDOT Aviation Grant Projects Since 2001

FY Total Project Cost

City of Lago Vista

State Federal Project Type

2001 $750,810 $75,081 $675,729 $0 Construction Pavement

2005 $83,740 $20,935 $0 $62,805 AWOS

2006 $89,467 $8,947 $80,520 $0 Design

2008 $1,178,303 $117,830 $0 $1,060,473 Construction Pavement

2011 $415,172 $41,517 $373,655 $0 Property Acquisition

2012 $87,353 $0 $4,368 $82,985 TxDOT Obstruction Survey

2013 $72,403 $7,240 $65,163 $0 Design

2016 $624,160 $62,419 $561,741 $0 Construction Pavement

2016 $86,306 $8,631 $0 $77,675 Planning

Total $3,387,714 $342,600 $1,761,176 $1,283,938

Table 5 - City of Lago Vista Capital Improvements

City of Lago Vista Capital Improvements Since 2001

FY Cost to City Project

2006 $8,809 F-4 Project. Note, the City received $10,035 in donations accounted for in revenue that covered $10,035 of the total $10,088 F-4 project costs.

2007 $1,152

2008 $127

2010 $4,640 Airport Water Pressure Plane V Design (Cancelled)

2011 $12,511 Airport Water Line Construction

2012 $138,751 Airport Water Line Construction

Total $165,990

Airport Action Plan


1.4.3 AIRPORT HISTORICAL FINANCIAL SUMMARY

The historical airport revenues and expenses are summarized below and include operational and maintenance costs as well as capital improvement

costs.

Table 6 - Airport Revenues and Expenses Summary

City of Lago Vista Airport Financial History

Historical Annual

Average (2001-2010)

2011 2012 2013 2014 2015 2016 Budget

Revenue (R)

RAAPOA $15,777.10 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00

TxDOT RAMP Grant $214.82 $515.00 $4,183.07 ($0.30) $0.00 $3,777.16 $3,500.00

Others $2,635.36 $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00

Total Revenue ( R ) $18,627.28 $20,515.00 $24,183.07 $19,999.70 $20,000.00 $33,777.16 $23,500.00

Operational and Maintenance Expenses (OM)

Personnel $1,499.33 $1,688.50 $1,723.59 $1,753.43 $1,815.62 $1,855.50 $1,891.00

Operations, Maintenance, and Repairs (Includes RAMP costs)

$6,493.40 $8,403.11 $11,725.45 $5,670.07 $3,319.37 $8,810.90 $5,539.00

Electricity $2,755.35 $3,777.52 $3,905.13 $4,243.13 $3,961.90 $3,885.16 $3,804.00

Supplies $211.33 $0.00 $0.00 $0.00 $0.00 $28.50 $100.00

Services $1,563.72 $1,457.25 $2,895.94 $2,862.88 $7,922.65 $1,557.92 $16,466.00

Total Operational and Maintenance (OM) $12,523.13 $15,326.38 $20,250.11 $14,529.51 $17,019.54 $16,137.98 $27,800.00

Total Income (= R - OM) $6,104.15 $5,188.62 $3,932.96 $5,470.19 $2,980.46 $17,639.18 ($4,300.00)

Capital Improvement Costs (CIP), Direct Costs to City Only

TxDOT CIP Projects $18,496.92 $41,517.00 $0.00 $7,240.00 $0.00 $0.00 $39,840.10

Non-TxDOT, City Only CIP Projects $1,472.82 $12,511.00 $138,751.00 $0.00 $0.00 $0.00 $0.00

Total Capital Improvement Costs (CIP) $19,969.74 $54,028.00 $138,751.00 $7,240.00 $0.00 $0.00 $39,840.10

Airport Net Cash Flow (= R - OM - CIP) ($13,865.59) ($48,839.38) ($134,818.04) ($1,769.81) $2,980.46 $17,639.18 ($44,140.10)

Airport Action Plan


1.4.4 RATES AND CHARGES

The airport currently collects fees from two sources:

Fuel lease: $1 annually

RAAPOA Access and Maintenance Agreement: $20,000 annually from the RAAPOA (approximately $270 per property owner.)

TxDOT/FAA Policy in Regards to Rates and Charges

TxDOT and FAA’s policy in regards to rates and charges are focused on two overarching goals: financial

sustainability and equitable treatment for on-airport users. The following documents provide guidance

in regards to rates and charges:

Department of Transportation FAA RIN 2120-AF90, Policy Regarding Airport Rates and Charges (Federal Register, Vol. 73, No. 12)

FAA Airport Sponsor Grant Assurances (2014)

FAA Order 5190.6B, Airport Compliance Manual (2009)

FAA Examples of Residential Through-the-Fence Access Rate-Setting Methodology

Financial Sustainability

In regards to financial sustainability, the City is obligated to levy rates and fees to become as

self-sustaining as possible, given the airport’s specific situation. The fees charged must also be fair and

reasonable. Also, an airport sponsor is not allowed to charge fees in excess of the direct airport costs,

including operating, maintenance, and capital improvement costs, or the total cost of ownership. Most

general airports operate at a loss considering the total cost of ownership, which is allowable, but airports

should consider their specific situation and use rates and charges to be come as self-sustaining as

possible. This requires operating annually at a net income to plan for periodic capital improvement

projects.

Equitable Treatment

When considering rate and fee setting for on-airport users, the airport sponsor must have policies in place

that treat on-airport users fairly. Determining the rate setting methodology is crucial. For example, most

airports that own hangars charge a standard per square foot price per hangar. Or if an airport leases land

to others to build their own hangar, they charge a rate per square foot of land (land lease). This ensures

equitable treatment of tenants leasing hangars or land space. Some airports charge FBOs a per gallon

fuel flowage fee and have more than one FBO selling fuel. The fuel flowage fee should be equal between

the two FBOs. Whatever fees are charged, the rate setting methodology should be consistent.

Airport Action Plan


Rates and Charges Recommendations

Considering the total cost of ownership, the airport currently operates at a net cost. The City should seek

to increase revenue through existing and new sources of revenue. The following are recommended to be

the future revenue sources:

Fuel Revenue

RAAPOA Access Agreement

Tie-down Fees

Hangar Rent

The City needs to maintain a rate and fee schedule that is readily available and posted at the airport. The

City will also need a way to collect fees and make it as easy as possible for the users to pay, especially for

tie-downs. This could be accomplished by using the City’s online payment system and putting a QR code

along with the web address on a sign, along with the fee schedule, at the airport. A physical collection

lock box would also need to be part of the collection method, which would need to be collected on a

regular basis. The following are recommendations for the proposed rates and fees.

Fuel Revenue

Cities that run their own fuel make decent income from fuel sales. However, the initial investment

required for a City-owned fuel farm is significant. Given the other needs for the airport, the City should

consider owning and running a fuel farm in their long range plan (10+ years). In the meantime, the City

and APAC have mentioned the desire to issue a request for proposal (RFP) to solicit fuel service to the

airport. This would allow the City to start generating revenue immediately without an initial investment.

The current fuel provider pays only $1 per year to the City to sell fuel and it has been noted that the

customer service is not satisfactory.

The City should consider charging the new fuel provider a land lease rate equivalent to a tie-down rate.

The current annual tie-down rate is $400 per year. In addition to the land lease, there should be a fuel

flowage fee, a per gallon fee the fuel provider will pay the City. Typical fuel flowage fees are $0.10-0.12

per gallon. The agreement should include a requirement for annual, quarterly, or monthly reporting from

the fuel service provider along with the payment to document fees. The agreement should also include

a term that would make sense in preparing for the long-term goal of owning their own fuel farm. In

regards to competition, the City may not allow a monopoly on the airport for fuel service, if space would

allow more than one fuel service provider. At Lago Vista – Rusty Allen Airport, space is very limited, so it

is expected that there would only be one fuel service provider, but the agreement should not include

clauses that would give exclusive rights to the fuel provider.

A fuel wholesaler was contacted to give a projection of fuel sales and it is estimated the airport would sell

60,000 gallons of fuel per year, including Jet A and AvGas. In the near term, a fuel flowage fee could

generate approximately $7,200 annually. When the City has the resources and staff to own and run a fuel

farm, the city could charge approximately $0.50 per gallon, which could generate up to $30,000 annually

in the long term (10+ years).

Airport Action Plan


RAAPOA Access Agreement

The existing RAAPOA Access Agreement expires in 2019 and the fee has been one aggregate fee,

$20,000, representing all owners and does not specify how much each through-the-fence property is

paying. This fee has remained constant for the last 10 years. As discussed later, in Section 1.6.2, the City

needs to revise the agreement to prepare for future on-airport users to remain in compliance with FAA

regulations. The revisions that need to be included in the new agreement, in regards to rates and charges,

include assessing a fee per property and to thoroughly document the methodology for setting fees

considering future on-airport users and type of use.

The acceptable rate methodologies for through-the-fence (TTF) access, directly from the FAA (Examples

of Residential Through-the-Fence Access Rate-Setting Methodology) are:

Requiring TTF users to pay fees equal to tie-down charges

Establishing a fee for TTF users based on the on-airport land lease rate

Establish a ground lease for dedicated taxiway connectors to off-airport properties

Charging an assessment of capital costs for general infrastructure, or

A local tax assessment or levy on off-airport aircraft owners that is dedicated to the Airports account

The current agreement reflects the intent of charging an assessment of capital costs. The fee was set

based on normal operation and maintenance costs. The RAAPOA took initiative to determine the

airports operating and maintenance costs and set an aggregate fee to cover those costs. While the

current agreement meets the intent of this methodology, it could be better defined and documented.

While it’s not a problem now, it may introduce issues of compliance when future on-airport users are

introduced. The methodology needs to be clearly identified and documented to prepare the airport for

its future on-airport users. The City should make sure any changes to the agreement are reviewed and

approved by TxDOT prior to entering into any new or amended agreement.

A sampling of airports with relevance to the Lago Vista – Rusty Allen Airport were interviewed to

compare methodologies in charging TTF fees. The information is summarized in the table below.

Airport Action Plan


Table 7 - TTF Rate Setting Methodology Case Study Comparison to Lago Vista

Airport Relevance to

Lago Vista

Total Based

Aircraft

TTF Based

Aircraft

TTF Rate Setting

Methodology (From FAA guidelines)

Rate Units

Average Annual Fee Per

Property with

Access

If Applied to Lago Vista,

Equivalent Annual Fee Per

RAAPOA Property

If Applied to Lago Vista,

Equivalent Annual

Revenue to City of Lago

Vista

Burnet Municipal Airport (38 miles from Lago Vista)

Vicinity (38 miles from Lago Vista)

49 2 Land Lease $0.09/$0.18

per SF per year (Non-

Aviation /Aviation

Developed Land)

Range: $4,000 - $6,000

Average: $5,000

$1680 (Average)

$124,320.00

Eagle Lake Municipal

Airport

Similar distance to

metropolitan area

(Houston), similar runway length

26 7 Land Lease $0.12 per SF Hangar per year

Range: $150.00 - $1,200.00 Average:

$675

$702 (Average)

$51,948.00

Independence State Airport

(Oregon, used as Case Study

in ACRP Report)

Large percentage

of TTF users, use master

TTF agreement

with property owners

association.

254 180 Tie-down $17.50

per property with TTF

Access per month

$210.00

$400 (Lago

Vista's current annual

tie-down rate)

$29,600.00

Lago Vista - Rusty Allen

Airport 86 75

Assessment of costs for

general infrastructure

$20,000.00

per property with TTF

Access per year

$270.27 $270.27 $20,000.00

The RAAPOA has historically been a symbiotic partner with the City for managing and maintaining the

airport. It is recommended the City work with the RAAPOA to develop a new agreement that will keep

the Airport compliant when new on-airport users are introduced and also help the City in becoming

self-sustaining. This would include determining the rate setting methodology to be used, assessing it on

a per property basis (either per area of property, per based aircraft using property, or per single property),

and implementing a reasonable fee per the unit chosen. If, for example, the City chose to use the

tie-down rate methodology, the revenue generated using the current annual tie-down rate would be

$29,600.

Tie-down Fees

While the City has aircraft tie-downs, it does not currently incur revenue from them. The current RAAPOA

access agreement states that “the RAAPOA shall have the authority to determine and collect tenant

aircraft parking fees from all property owners and airplane owners utilizing the airport; provided that fees

charged to non-property owners shall be approved by City Council.” It was interpreted by PSC and TxDOT

that this meant the RAAPOA was responsible for collection of those fees, but those fees would go directly

Airport Action Plan


to the City. In the APAC meeting held August 3, 2016, it was made clear that the RAAPOA collects those

funds, then uses them towards their five percent match for Capital Improvement Program (CIP) projects.

Those tie-down funds should be going directly to the City per grant assurance. TxDOT Aviation has

stated this current arrangement is in violation of Grant Assurance 25 (airport revenues go back into

the Airport) and that this arrangement needs to cease. This could done be through a new and clarified

understanding with the City and RAAPOA on the existing agreement, through an amendment to the

existing access agreement, or through a cancellation and revised agreement. The current tie-down fees

should be going directly to the City towards the airport account. With the immediate need being land

acquisition for the next few years, it is not anticipated that the RAAPOA would be obligated towards a

five percent CIP match for the remainder of the agreement term (February 2019).

Future expansion including grass tie-downs in the property to the southwest of the runway and expansion

of the west side tie-down apron, will increase the tie-down capacity of the airport, increasing the airport

revenue. The tie-down fees should be going directly to the City, and for now, it is recommended the tie-

down fees remain the same. However, the City should periodically review tie-down fees to determine if

adjustments are warranted.

The current tie-down fees collected by the RAAPOA, are $5 per night (for overnight), $50 per month, or

$400 per year. If all of the current tie-downs (11) were rented at the average of an annual rate, the revenue

to the City would be $4,400. If the area to the southwest was converted to a grassed tie-down, that would

generate an additional $2,000 per year, for a total of $6,400 in annual revenue.

Hangar Rent

The City currently does not own any hangars, but TxDOT has a hangar program that allows City-owned

hangars to be funded at 90 percent up to $600,000. This presents a prime opportunity to the City to own

revenue generating facilities at a relatively low cost. Some airports also choose to use TxDOT RAMP

funds to build hangars, which can also be a way to avoid long programming periods and get hangars built

quickly. RAMP funds are at a 50 percent match up to $50,000 per year.

Readily available hangar space is an easy, low risk opportunity for aircraft owners to store their aircraft.

Texas has a shortage of hangar space evidenced by waiting lists for hangar space across the state and

even more so here in the greater Austin area. The City of Lago Vista receives regular calls requesting

hangar space. The demand is present and if the City could own Tee hangars, which are very economically

built to hold one airplane per hangar due to their “T” shape, they could likely rent for $300 per month.

The proposed development plan shows the east side of the airport as the planned location for a

City-owned hangar development. If the City wanted to stick to the $600,000 maximum grant for hangars,

it is estimated that would fund approximately eight tee hangars . At $300 per month per hangar, that

would generate $28,800 annually.

Airport Action Plan


1.4.5 FINANCIAL IMPACT SUMMARY

General aviation airports are economic engines allowing for alternate access to local communities for

business, recreation, emergency services, and more. While the majority of a community may not use or

see its general aviation airports, the airport allows for significant economic impacts to the community,

region, and beyond. In Texas alone, there are over 300 general aviation airports serving communities of

all sizes. In 2010, TxDOT Aviation initiated a study conducted by the Center for Economic Development

and Research at the University of North Texas in Denton, TX. The study determined the economic impact

of general aviation throughout the state and for individual airports, including Lago Vista – Rusty Allen

Airport. The results are shown below:

Table 8 - General Aviation and Lago Vista Economic Impact

State of Texas Lago Vista – Rusty Allen Airport

Economic Output $14,482,332,000 $3,006,284

Labor Income $3,127,309,000 $1,051,424

Employment 56,635 17.3

1.4.6 FINANCIAL SUMMARY

The airport currently operates at a net cost to the City of Lago Vista when considering the total cost of

ownership. Its expenses, including operational, maintenance, and capital improvements are greater than

the revenue the City receives from the airport. This is very common for general aviation airports, but

some airports are able to become self-sustaining, including Burnet Municipal Airport and Taylor

Municipal Airport, according to conversations with the airport managers. Considering the economic

impact of the Lago Vista – Rusty Allen Airport, it truly is an asset to the community. Not only does the

airport provide an economic benefit to the community, but it is vital for air ambulance services to have

access to and from the community. Having that access helps provide doctors those crucial minutes they

need to offer optimum care in emergency situations.

Several stakeholders have stated that the City needs to generate more revenue to sustain the airport as

the City’s general funds are stretched. When the City accepts grant funding from TxDOT Aviation, it also

signs and agrees to Grant Assurances. Grant Assurances 24 and 25 state that the City needs to strive to

become as self-sustaining as possible through revenues generated at the airport and that airport

revenues must stay on the airport. They cannot be used to fund other City expenses. The airport is not

meant to become a profit generating enterprise, but the City should make efforts to generate enough

revenue to cover all expenses, including capital improvements. This means that, when possible, the

airport should try to operate at a net surplus to save and plan for future capital improvements including

major repairs, reconstruction of pavements, airport expansion, property acquisition, etc. The

recommended future sources of revenue include fuel, TTF access fees, tie-downs, and City-owned

hangars. The recommended increases in revenue, including the recommendations to rates and charges

along with revenue generating capital improvements (City-owned hangars and additional tie-downs),

should get the Airport closer to self-sustaining while allowing for increased capacity of the airfield and

potentially part- or full-time airport management.

Airport Action Plan


1.4.7 AIRPORT BUDGET RECOMMENDATIONS

The City currently maintains an airport budget which tracks and accounts for airport expenses and

revenue. However, when considering airport capital improvements, the budget is not clear and TxDOT

records were needed to help determine actual historical costs to the City. The budget did not account for

all CIP match funds that were incurred as revenue from the RAAPOA. The current airport budget

accounts for some of the airport capital improvements, but not all of them. The airport should be viewed

as a business, almost a separate entity from the City, or as a city within a city. The goal for the City

should be to operate the airport at a surplus when considering only revenue minus operational and

maintenance expenses to cover the periodic capital improvement costs. This requires all costs specific to

the Airport be accounted for in the budget, so the City can track and report to the FAA, if needed, the

airport financials and track financial sustainability. Any funds coming into or out of the airport should be

tracked in an airport specific budget. There should also be a separate airport account where surplus

airport revenue can be banked for future improvements.

It is expected that for at least the first several years, the City will be required to cover property

acquisitions and capital improvements with City funds. The City could include a line item in the revenue

portion of budget to show City contributions as income. Again, the goal is for the airport to become

financially self-sustaining, and to do this, the City must treat the Airport as a business, almost separate

from the City. Below is a sample budget that could be used.

Airport Action Plan


Table 9 - Example Airport Budget Including Recommendations

Airport Operational Budget

Aviation Department Revenue 2017 (Estimated)

Airport TTF Fee $20,000.00

Airport Hangar Lease

Fuel Flowage Fee $7,200.00

Tie-down Fees* $6,400.00

RAMP Grant Reimbursement $3,500.00

City CIP Contribution

Private CIP Contribution

Total Aviation Department Revenue (R) $37,100.00 Operational and Maintenance Expenses

Personnel Services

Salary $1,300.00

Salary Overhead (Summarized) $591.00

Subtotal Personnel Services $1,891.00

Operations & Maintenance

Liability/Property Insurance $2,014.00

Travel $300.00

Conventions (TxDOT/AAAE Annual) $225.00

Bank Charges $0.00

Telephone/Data $0.00

Electricity $3,804.00

Maintenance and Repairs (RAMP Eligible) $7,000.00

Miscellaneous Expenses (Non RAMP Eligible) $1,000.00

Subtotal Operations & Maintenance $14,343.00

Supplies

Supplies $100.00

Subtotal Supplies $100.00

Services

Professional Services $1,500.00

Miscellaneous Services $1,500.00

Subtotal Services $3,000.00

Total Operational and Maintenance Expenses (OM) $19,334.00

Airport CIP City Only CIP Project (City Share Only**) $20,000.00

TxDOT Aviation CIP Project (City Share Only***) $25,000.00

Total Airport CIP $45,000.00

Net Airport Income (= R – OM – CIP) -$27,234.00 *This is assuming tie-down fees start going directly to the City and the City develops a grassed tie-down area to

the SW of Runway 33 for a total of 16 tie-downs at $400 per year each.

**This is assuming a $20,000 project to develop the grass tie-down area.

***This is assuming a $250,000 land acquisition project (10 percent match for the City), which is the approximate

amount currently programmed through TxDOT’s CIP.

Airport Action Plan


1.5 AVIATION DEMAND FORECASTS

There are two primary measures of aviation activity at a general aviation airport: based aircraft and

aircraft operations. Each activity type is discussed below.

1.5.1 BASED AIRCRAFT

Based aircraft are the number of aircraft that use a specific airport as a home base. The existing based

aircraft for the Airport are 82. Of the aircraft based at the Airport, they can be further broken down into

the following categories:

Table 10 Based Aircraft

Aircraft Category Number Based at Lago

Vista – Rusty Allen Airport

Single Engine 77 Jet 2 Multi-engine 3 Helicopter 0

Total 82

Current Aircraft Using the Airfield

The following is a list of some of the aircraft currently using the airport.

Citation CJ3 (2 based)

Cessna 172

Cessna 150

Cessna 310

Cirrus SR22

Long EZ

Bellanca Viking

Beech B300, Super Kingair

RV 8

RV 9A

Pilatus PC-12

The largest aircraft that regularly uses the Airport is the Citation CJ3. Two are based at the Airport with

through-the-fence (TTF) access.

Airport Action Plan


1.5.2 AIRCRAFT OPERATIONS

Annual operations are the total number of aircraft takeoffs and landings occurring at the Airport in a year.

A touch-and-go, which occurs during pilot training, counts as two operations. Touch-and-go operations

are categorized as local, along with other operations that remain within 20 miles of the Airport. Airport

users conducted an operational survey several years ago, which estimated an average daily operations

of 78. TxDOT’s method for calculating operations for planning efforts is 300 operations per based aircraft.

The existing Airport Master Record, 5010 form, appears to be an underreported number for both based

aircraft and annual operations. We recommend the City update the Airport Master Record in parallel with

this planning effort. Estimates from both sources are shown in the table below.

Table 11. Airport Operations

Lago Vista Estimate, 2016

(300 operations per based aircraft) Previous Traffic Count Estimate

(78 operations/day)

General Aviation 25,800 28,470 Military 0

Total 25,800

A comparison of based aircraft and annual operations between several of Lago Vista’s neighboring

airports is shown in the figure below. As indicated by the bar graph, Lago Vista is a highly utilized airport

in the region, more so than Burnet, Llano, and Taylor. The current published information for Lago Vista

– Rusty Allen airport is underreported. When it comes to airport classification and prioritizing grant funds,

the measure of based aircraft and operations is very important. Updating the master record to the actual

values for based aircraft and operations may help the City’s chances in securing grant funding from

TxDOT.

Figure 21 - Airport Comparison with a sample of GA airports within 100 miles (*Values updated based on

conversations with airport managers, does not match published value)

Llano* Burnet*Austin

ExecutiveTaylor* Lago Vista Georgetown

Based Aircraft 40 49 93 60 82 283

Operations (in Thousands) 15.2 16.2 18 22 24.6 74

0

50

100

150

200

250

300

Airport Activity Comparison

Airport Action Plan


1.5.3 AIRPORT ACTIVITY FORECASTS

Aviation activity forecasts are an essential piece of the airport planning process. These projections are

typically unconstrained, assuming unlimited developable land. While that assumption is not necessarily

realistic for Lago Vista due to its limited developable land, the forecasts will use some traditional

forecasting methods while considering the constraints at the airport. The projections will extend out to

10 years and 20 years and will help gauge the development needs for the airport to accommodate the

growth. It is an approximation as it is impossible to accurately predict future activity. Economic changes

as well as oil prices, especially in Texas, can have effects on aviation activity. This section will look at

national trends and predictions as well as the historical trends for Lago Vista and estimate future activity

based on a collaboration of the data.

National Trends

The FAA’s 2016-2036 Terminal Area Forecast is a document that looks at the aviation industry and

provides forecasting rates for several types of aviation activity including commercial airport data such as

enplanements and commercial revenue per mile. The statistics for general aviation trends are

summarized in the charts below. The measures that seem most applicable to Lago Vista include general

aviation hours flown, active pilots, and GA fuel consumption.

Total General Aviation Hours Flown

The forecasted growth for General Aviation hours flown from 2016 to 2036 is 1.2 percent. The national

trends indicate that the recession took a toll on general aviation activity. For example, the general

aviation total hours flown decreased from 27.0 million hours in 2001 to 22.8 million in 2013 and up to 23.3

million hours in 2016. The forecast shows a growth of 1.2 percent over the next 20 years.

Figure 22 - GA Hours Flown Trend from Terminal Area Forecast 2016-2036

0

5000

10000

15000

20000

25000

30000

35000

2001 2006 2011 2016 2021 2026 2031 2036

Total General Aviation Hours Flown (in thousands)

Airport Action Plan


Total General Aviation Active Pilot Licenses (Excludes Airline Transport)

As with hours flown, the number of active pilots experienced a decline during the recession. The

prediction is that this decline will slow down to a rate of -0.1 percent.

Figure 23 - Active Pilots Trend

Total General Aviation Aircraft Fuel Consumption

For GA fuel consumption, AvGas and jet fuel both saw a decline during the recession, but AvGas

consumption is expected to stay stagnant at 0.0 percent, while use of jet fuel is estimated to increase

at a rate of 2.1 percent from 2016 to 2036.

Figure 24 - GA Fuel Consumption

420000

430000

440000

450000

460000

470000

480000

2001 2006 2011 2016 2021 2026 2031 2036

Active Pilots (Excluding Airline Transport)

0

500

1000

1500

2000

2500

2001 2006 2011 2016 2021 2026 2031 2036

GA Fuel Consumption (in millions of gallons)

AvGas GA Consumption Jet Fuel GA Consumption

Airport Action Plan


Lago Vista --Rusty Allen Airport Trends

City Population Trend and Forecast

The 2030 Comprehensive Plan estimated that the City of Lago Vista is expected to grow from a

population of 6,617 in 2016 to 22,000 in 2036, a growth rate of 6.2 percent.

Airport Operational Trend

It was evident during the count of the existing based aircraft that the reported data on the Airport Master

Record, 5010 form, is incorrect. Historical data for annual operations and based aircraft was not available,

but historical aerial images were used to determine the increase in number of hangars that access the

airport through private property. It was assumed that each hangar represented 1.3 based aircraft. This

was calculated by estimating that one out of every two hangar owners stored two aircraft with the

exception of 2016 where the actual based aircraft is 86. Also, it is estimated based on the historical aerial

images that there were six tie-downs up until 2002 when the tie-down ramp was expanded to 11 spots. It

is assumed that three-quarters of the historical tie-downs were also based aircraft except for 2016, where

it is knownthat all of the existing tie-downs are long-term, based aircraft occupants. The number of

hangars increased from 1995 to 2016 from 16 to 49 and based aircraft increased from 27 to 82, a growth

rate of six percent. See trend below.

Figure 25 - Lago Vista - Rusty Allen Airport Historical Based Aircraft, Hangars, and Operations

0

10

20

30

40

50

60

70

80

90

1990 1995 2000 2005 2010 2015 2020

Lago Vista - Rusty Allen Airport Historical Activity

Hangars Based Aircraft Operations In Thousands (300 per based aircraft)

Airport Action Plan


Recommended Activity Forecast

The historical trends for the Lago Vista – Rusty Allen Airport do not follow the national trends presented

in FAA’s Terminal Area Forecasts. The national forecasts for general aviation for the three measures

shown above averages to a 0.4 percent increase, while the historical growth at the airport is closer to six

percent. This growth will decrease due to development constraints. There is limited available property

with access or potential access to the airport. If the City can acquire property and secure areas for

development, it is expected that for the immediate future, a growth rate of six percent would continue

perhaps at an even greater rate. The population in the greater Austin area continues to grow at historic

rates. Almost every general aviation airport within this region has a long waitlist for hangars. However,

with the development constraints of topography and limited City and TxDOT funding, the expected

growth rate for the near term will likely decrease. A growth rate of three percent is recommended for

based aircraft and operations. This is roughly an average of the historical rate at Lago Vista and the

national trends. The forecasted airport activity is summarized below.

Table 12- Recommended Forecasted Airport Fleet Mix, Based Aircraft, and Operations Using Three Percent Growth Rate

Year Single Engine Multi Engine Jet Total Annual Operations

2016 77 3 2 82 25,800

2026 103 4 3 110 34,800

2036 138 5 4 147 44,100

Airport classification is also important in considering future demand. Currently, the Airport is classified

with an Airport Reference Code of B-I (small). While there may be potential demand for aircraft that

would require an upgrade in classification, the existing features preclude the airport from increasing any

element of its classification elements. Any increase in the Airport Approach Category (B), Airplane

Design Group (I), and weight classification (small is 12,500 pounds and under) would increase object free

areas, which would require substantial removal of current airfield taxiways and many of the existing

hangars accessing the airfield. While various aircraft use the airfield, it is recommended the design

aircraft for the airport be a generic 12,500 pound single-wheel aircraft. These classifications determine

design standards for runway and taxiway clearances as well as airfield pavement geometric and structural

design.

Airport Feature Classification Existing Ultimate

Airport Reference Code (ARC) B-I (small) B-I (small)

Taxiway Design Group 1A 1A

Design Aircraft Generic 12,500 lb Single Wheel

Generic 12,500 lb Single Wheel

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1.6 COMPLIANCE REVIEW

The Lago Vista – Rusty Allen Airport is a federally-obligated airport, because it has received Federal

Aviation Administration (FAA) funding administered through the TxDOT Aviation Division. As an

obligated airport, the City is contractually bound to comply with FAA’s Airport Sponsor Grant

Assurances. These are part of the funding agreements signed for each grant the City receives from

TxDOT Aviation Division. With few exceptions, these assurances are in place for 20 years from the

funding agreement.

This section will address each of these grant assurances and this plan will take a proactive approach to

achieving compliance and avoiding noncompliance.

Guidance for the preparation of this chapter comes from FAA’s Airport Sponsor Grant Assurances (dated

March 2014) and FAA Order 5190.6B, Airport Compliance Manual (2009, September).

1.6.1 AIRPORT SPONSOR GRANT ASSURANCES

There are 39 grant assurances that are part of the agreement at the acceptance of a TxDOT Aviation

Division grant. Below are brief summaries of each assurance and an examination of the current airport

in regards to each assurance.

1. General Federal Requirements. The City will comply with all applicable federal laws,

regulations, executive orders, policies, guidelines, and requirements as they relate to the

application, acceptance, and use of federal funds.

To the best of its ability, it appears the City has, and will continue to, comply with all

applicable federal guidance.

2. Responsibility and Authority of the Sponsor. Verifies the City has the legal authority to apply

for, finance, and administer the TxDOT Aviation grant, which may include FAA funds.

The City, as acknowledged by the State of Texas, is the local discretionary authority for

the Airport.

3. Sponsor Fund Availability. The City must have sufficient funds for their match portion of the

AIP grant.

As part of the forthcoming Capital Improvement Plan, the City will identify funding

sources for the local match prior to applying for federal assistance.

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4. Good Title. According to Order 5190.6B, the City is required “to assure that good title exists or

that the sponsor will acquire good title for any property where federal funds will be used. For

airport development programs, the sponsor must assure that the sponsor, another public

agency, or the federal government holds good title to the airfield or airport site.”

The city currently owns a limited amount of property at the airport, including a tie-down

apron, all taxiways, and most of the runway. The north third of the runway is owned by

the United States of America, and controlled by the U.S. Fish and Wildlife as the Balcones

Canyonlands. The City has an easement through this property “for constructing,

operating, and maintaining an airport runway.” This easement is centered on and in-line

with the runway, 300 feet wide, extending from the northernmost City-owned airport

property line to the boundary between the Fish and Wildlife property and the neighbor’s

property to the north. While it would be ideal for the City to own this portion of property,

this existing arrangement does meet the intent of the grant assurance. .

5. Preserving Rights and Powers. The City will not take or permit any action that would deprive

it of the rights and powers necessary to perform any of the grant assurances, nor will it sell, lease,

encumber, or transfer any part of its title or interests in the Airport property.

The existing City-owned airport property is limited to the runway, taxiways, and one

tie-down apron. To this point, there is no actual agreement contradicting this assurance.

This would include assuring any agreements the City enters must not limit their ability

comply with all assurances, including through-the-fence (TTF) agreements, FBO

agreements, land lease agreements, fuel services, and others.

TxDOT has stated the current TTF should to be changed to assess a per property fee,

either based on a square footage, based aircraft using property, or flat per property fee.

The one aggregate fee does not confirm how much each member of the RAAPOA is

paying. While TxDOT doesn’t believe the current agreement puts the City in violation of

this agreement, they have stated the City is at risk for the future. The next version of the

agreement should make the fee property specific, instead of an aggregate fee for the

entire RAAPOA.

With the current through-the-fence agreement, the City collects five percent of airport

improvement CIP total project cost from the RAAPOA. This, however, has created an

arrangement in which the RAAPOA has a say in what CIP projects are needed and their

timing. While this is not a right the TTF agreement grants to the RAAPOA, it has

essentially created an arrangement in which the City does n0t retain the full power to

manage the airport. Because the RAAPOA is keeping the City’s tie-down fees for their

CIP match and they are contributing five percent match funding to the CIP project, this

appears to TxDOT as the City ceding some control of the airport which is contrary to the

intent of this assurance. The next version of the TTF agreement should also discontinue

the five percent match from the RAAPOA.

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6. Consistency with Local Plans. Proposed projects must be reasonably consistent with local,

county, and state plans, to include the area surrounding the Airport.

There are no indications that past projects undertaken at the Airport are inconsistent

with local, county, and state plans. The property the Airport operates on is mostly within

the Lago Vista City limits; the easement within the U.S. Fish and Wildlife property is

within Travis County. The City has recently completed a Comprehensive Plan, and the

proposed plan will be consistent with the recommendations of the Comprehensive Plan.

7. Consideration of Local Interests. The City will give fair consideration to the local community’s

interests.

The City has complied with this guidance. In fact, the City has inherited the airport from

the local community. The City has created and maintained an Airport Advisory Board

which includes a liaison to the City Council and airport users. The Board allows input and

guidance from the airport users and the local community. This action plan will consider

public input and local interests in proposed developments and recommendations.

8. Consultation with Users. Consultation with affected parties using the Airport will be

conducted prior to, and during, the proposed project.

The City not only consults users, but also truly relies on airport users to guide

developments at the airport.

9. Public Hearings. For major projects involving airport location, a new or relocated runway, or a

major runway extension, the City will give the community an opportunity for a public hearing to

consider economic, social, and environmental effects of the proposed project.

No major projects are anticipated at the airport. If, in the future a major project is

considered, the City should coordinate with TxDOT to verify public hearing procedures

and publishing requirements.

10. Metropolitan Planning Organization. For major projects involving airport location, a new or

relocated runway, or a major runway extension, the City will make available to the metropolitan

planning organization in the area in which the airport is located, if any, a copy of the amended

airport layout plan to depict the proposed change along with a copy of the current airport

planning document. A major runway extension for this airport is assumed to be any extension

over 500 feet.

This current project is not anticipated to be or to plan a major change to the runway. The

Capital Area Metropolitan Planning Organization (CAMPO) covers several counties

including Travis County, which includes the City of Lago Vista and all of the airport

environ. Although no major change to the runway is anticipated at the airport, it is

recommended that if any future major change to the runway is to take place that the City

coordinate with CAMPO early in the process to obtain buy-in.

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11. Pavement Preventative Maintenance. The City will implement an effective airport pavement

maintenance-management program for the useful life of any pavements construction with

TxDOT/FAA grant assistance.

The City currently maintains the airport pavement through the TxDOT Routine Airport

Maintenance Program (RAMP) and recently completed a pavement rehabilitation

project. It is recommended that the airport continue to conduct a yearly inspection of

City-owned airfield pavement and keep records of the inspections and maintenance that

is conducted. Some airports choose to implement a more detailed pavement

maintenance program, but for the size of Lago Vista and it's airport, yearly inspections

and regular preventative maintenance and repair, along with good record keeping, is all

that is needed to satisfy this assurance.

12. Terminal Development Prerequisites. If the City were to develop a public-use commercial

service passenger terminal (for aircraft designed for at least 31 passenger seats), it must certify

that all safety and access equipment required by rule or regulation is provided to all passengers.

A passenger terminal is not planned for Lago Vista. The airfield features would likely

preclude use by any aircraft intended for passenger service of at least 31 seats.

13. Accounting System, Audit, and Record Keeping Requirements. The City will keep all project

accounts and records relative to any grant project in accordance with the Single Audit Act of

1984. Additionally, the City will make all records available for the purpose of audit and

examination.

The City’s recordkeeping for the airport could be improved. In reviewing City financials

for the airport, there seems to be some mixing of operational costs and Capital

Improvement Costs. Some of the Capital Improvement Costs and matching funds from

the RAAPOA are accounted for in the airport budget information that was provided, but

some information was not. Then, there is a separate City Capital Improvement Program

(CIP) that tracks some of the capital improvements at the Airport. All Airport specific

costs, including CIP and land acquisition should be tracked and accounted for in one

location. The airport needs to be treated like a separate business. All revenues, expenses,

and capital improvements should be tracked as airport specific. Project documentation

should be readily accessible and include such items as fund transfers, income received,

expenditures, and any other information pertinent to the airport. Even if the City has to

use the general CIP fund to fund the airport project, the direct cost to the City could be

shown in the airport budget, then indicate funds from the City general CIP as revenue to

cover the CIP cost. The goal for the airport should be to become self-sustaining, even

with Capital Improvement Costs. In case of audit of records by FAA to ensure airport

funds are staying on-airport, having all airport related financials readily available will be

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very helpful. Also, in better tracking capital improvements specific to the airport, the City

can easily monitor total cost of ownership.

Also, the tie-down fees being collected from the RAAPOA are not being tracked and

reported. All fees collected on Airport property should be accounted for.

14. Minimum Wage Rates. For all contracts in excess of $2,000 that involve labor, the City shall

establish minimum wage rates in accordance with the Davis-Bacon Act (40 U.S.C. 276a-276a-5).

The City has, and will continue to, establish minimum rates of wages consistent with the

Davis-Bacon Act for all federally-assisted contracts meeting this requirement.

15. Veteran’s Preference. Contracts for work involving TxDOT/FAA grants will ensure that

preference shall be given to available and qualified veterans.

TxDOT administers construction contracts and they include veteran’s preference clauses

in the contract documents.

16. Conformity to Plans and Specifications. The City will execute the AIP projects per the plans,

specifications, and schedule approved by TxDOT and ultimately the FAA; who authorizes TxDOT

administration of the grants.

TxDOT Aviation division contracts directly with engineers and contractors to complete

projects according to the plans and specifications and by doing so has assumed

responsibility in assuring conformity. The City should still take an active role in

construction projects and be forthcoming with any apparent non-conformity issues.

17. Construction Inspection and Approval. Competent and technical supervision will be provided

by the City throughout the grant funded construction projects to assure the work conforms to

the plans, specifications, and schedule approved by TxDOT/FAA.

This assurance has been and will continue to be satisfied by TxDOT, since TxDOT

contracts directly with the engineers and contractors.

18. Planning Projects. For planning projects, the City will execute the project as approved in the

TxDOT/FAA approved scope of work, report on project progress, acknowledge the project was

grant funded, make material available to the public and the FAA/TxDOT, allow FAA/TxDOT to

publish final material, and grant TxDOT/FAA authority to disapprove employment of a

consultant, subcontractor, or employee to do all or any part of the project. In addition, the City

will understand and agree that TxDOT/FAA’s approval of any planning material “does not

constitute or imply any assurance or commitment on the part of the Secretary [TxDOT/FAA] to

approve any pending or future application for a Federal airport grant.”

The City has worked with the consultant and TxDOT in scoping this planning effort and

the process is open to public involvement, and documents will be made available. The

City should understand that approval of a development plan as a result of this action plan

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does not guarantee funding for such developments from TxDOT. Any future planning

projects should follow the same approach to maintain compliance with this assurance.

19. Operation and Maintenance. The Airport and all facilities will be operated at all times in a safe

and serviceable condition and in accordance with minimums standards by the City. Any

temporary closure for non-aeronautical purposes must be approved by the FAA. The City will

promptly mark and/or light hazards and will notify airmen of any condition affecting aeronautical

use of the Airport.

It appears the City meets the criteria of this grant assurance. All facilities are operational,

in safe and operable conditions.

20. Hazard Removal and Mitigation. The City will take appropriate action to assure the Airport’s

airspace will be adequately cleared and protected.

The City has and continues to clear obstructions. The Airport Advisory Board, prior to this

Action plan, has initiated installing overhead power line marking balls for some power

lines in the airport vicinity. The City is also pursuing obstruction removal on the U.S. Fish

and Wildlife property. The City should continue to pursue removal of any existing

obstruction that is identified, but should also take a proactive approach to preventing

potential obstructions through zoning efforts. This Action Plan did not include survey to

identify obstructions, but known obstructions from previous data will be included in the

updated Airport Layout Plan.

21. Compatible Land Use. To the extent reasonable, the City will include the adoption of zoning

laws to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities

and purposes compatible with normal airport operations.

The City has zoning in place to keep land use compatible in the airport environ. The City

also recently completed their Comprehensive Plan, which recommends an expansion of

their current aviation compatible use zone. In addition, the City should consider

implementing an Airport Hazard Zoning ordinance, which would be superimposed. This

practice is allowed by the Texas Airport Zoning Act (AZA).

22. Economic Nondiscrimination. The City will make the Airport available as an airport for public

use on reasonable terms and without unjust discrimination to all types, kinds, and classes of

aeronautical activities. Any agreement the City enters with a third party must outline and

enforce provisions that 1) services will not be unjustly discriminatory; 2) charges will be

reasonable and just; 3) each Fixed-Based Operator (FBO) shall be subject to the same rates and

charges; and 4) the City will not grant any right which operates to prevent any person, firm, or

corporation operating aircraft from performing any services on its own aircraft that it may choose

to perform. The City may prohibit or limit any given type, kind or class of aeronautical use of the

airport if such action is necessary for the safe operation of the airport or necessary to serve

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There are no existing concerns of economic discrimination at the Airport, but as the

airport grows and on-airport users are introduced, a minimum standards for FBOs should

be in place and separate agreements should be established with the TTF FBOs to ensure

that on-airport users are treated equitably. In addition, when renewing the TTF access

agreement in 2019 when the current agreement expires, the City should clearly identify

the method for setting the fee charged to TTF users and make sure the on-airport users

are treated equitably based on the same methodology.

Because the current TTF agreement designates an aggregate fee for the entire RAAPOA,

the City is transferring the responsibility of economic discrimination to the RAAPOA. The

agreement may be one master agreement, but the fee should be assessed on some type

of per property fee (area of hangar and/or property, number of based aircraft, or flat per

property). Since the City has minimal on-airport use (tie-downs), the risk of

non-compliance will increase as the airport continues to grow and on-airport users are

introduced.

23. Exclusive Rights. The City will not permit exclusive right for the use of the Airport by any person

providing aeronautical services to the public. Services by a single FBO are not considered an

exclusive right if it would be unreasonably costly or impractical for more than one FBO to provide

the services and if allowing more than one FBO would require the reduction of the first FBO’s

lease area.

Currently, the City only has one agreement with a self-service fuel provider. From

available information and general airport knowledge, the City appears to be in

compliance. The City plans to cancel the existing contract and pursue new methods of

providing fuel.

24. Fee and Rental Structure. The fee and rental structure for Airport facilities and services will

be maintained by the City, to help the Airport become as self-sustaining as possible, taking into

account local factors.

The City has an agreement with the RAAPOA which establishes a fee paid to the City.

The only other airport-generated revenue is from a fuel provider at $1 per year. The City

also receives additional compensation from the RAAPOA for Capital Improvement

Projects of up to five percent of the total project cost. Including past and future capital

improvement, operating, and maintenance expenses, the Airport has historically

operated at a net cost to the City. The City should increase their revenue through rents

and fees to cover these costs. The City should and desires to change the arrangement for

providing fuel. In the short term, this could include contracting with an entity to provide

fuel, but charge a fuel flowage fee. Eventually, the City could benefit from owning its own

fuel farm and providing fuel service. The City could also revise the current agreement

with the RAAPOA to include a modest increase in fee as the fee has remained stagnant

for 10 years through the agreement. The next version of the agreement should also

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remove the five percent CIP match and the collection of the on-airport tie-down fees. In

addition, as proposed in this plan, the City should seek to build, own, and rent hangar

space. These increases in revenue should help the City to become more self-sustaining

while the airport grows to meet the demand.

25. Airport Revenues. All revenues generated by the Airport and any local taxes on aviation fuel

will be expended by the Airport for the capital or operating costs of the Airport, the local airport

system, and other facilities owned by the City which are directly and substantially related to the

actual air transportation of passengers or property.

When assessing solely the airport revenues and the operational and maintenance costs,

the airport has historically been very close to self-sustaining. Some years there is a

surplus, some years a deficit. However, when capital improvement costs are considered,

the Airport has been a net cost to the City, which is evidence that airport revenue is being

used for the airport only and that the City has to supplement airport revenue with City

general CIP funds. In conjunction with better record keeping, it is recommended that the

City have an airport specific account where surplus airport revenues can be banked for

future needs, including capital improvements. This would also help with keeping better

airport specific records.

CONCERN: The current arrangement in which the RAAPOA collects and retains the

airport tie-down fees is a concern and contradicts the intention of this assurance. The

following is from Bill Gunn, compliance specialist with TxDOT Aviation Division:

“The City apparently has RAAPOA collect the revenue from ramp tie downs, both

residence and transient. The City may use RAAPOA or any other group as an agent to

collect these fees however it is very important these fees are identified separately from

the TTF access fees and are paid to the City at least monthly. These fees are not part of

the annual TTF access fees for RAAPOA; rather they are separate revenue. The FAA is

very explicit about tracking fees for aeronautical services to ensure the money stays in

the airport account for capital improvements. If these fees are paid as part of the TTF

access fee, then the City most likely is violating the intent of Grant Assurance 25.”

This arrangement should cease as mentioned before. Even if the tie-down fees are

coming back to the City in the form of the RAAPOA’s five percent CIP match, that is not

explicitly allowed in the agreement and there is no current method of accounting for the

tie-down funds. The City should have control of the Airport and the revenue the Airport

generates.

26. Reports and Inspections. The City will submit annual financial and operations reports to the

FAA, and make the reports available to the public. All Airport records for development projects

must be available to the FAA upon request.

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The City keeps records of airport finances and operation. Development project records

are maintained by TxDOT Aviation as they administer the grants and contract directly

with consultants and contractors.

27. Use by Government Aircraft. The City will make available all of the facilities of the Airport

developed with federal financial assistance and all those usable for landing and takeoff of aircraft

to the United States for use by government aircraft at all times without charge. However, if the

use by government aircraft is substantial, charges may be made for a reasonable share,

proportional to such use, for the cost of operating and maintaining the facilities used.

The City has and will make facilities available for government use, as appropriate, under

this grant assurance.

28. Land for Federal Facilities. The City will furnish real estate, without cost to the federal

government, for use in connection with any air navigation, weather reporting, or communication

activities.

The existing facilities, including PAPIs and the AWOS are owned and operated by the

City, and supported by maintenance funds through TxDOT’s RAMP program. The City

should be aware that if the federal government asked to install such equipment at the

airport, that the City would be obligated to offer available land at no cost to the federal

government.

29. Airport Layout Plan. The Airport Layout Plan will be kept up-to-date at all times.

The current Airport Layout Plan is being updated as part of this project.

30. Civil Rights. The City will take necessary measures to ensure that no person is excluded from

participation in, be denied the benefits of, or be subject to discrimination in any activity

conducted with, or benefiting from, funds received from grant funds on the basis of race, creed,

color, national origin, sex, age, or disability. See grant assurances for further detail.

From review of airport documents, indications are the City is in compliance with this

assurance.

31. Disposal of Land. When land purchased with grant funding is no longer needed for the original

intended use, the funds shall be used for other eligible airfield development or transferred to

another eligible airport for eligible development. The funds for the sale of property no longer

needed may not be used for operating expenses or to supplement the sponsors other needs.

The City is in compliance as they have not sold land.

32. Engineering and Design Services. The City use a qualifications-based selection.

The City relies on TxDOT Aviation to conduct Engineering and Design services

solicitations and procurement and TxDOT uses appropriate procurement methods.

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33. Foreign Market Restrictions. The City will not allow funds provided under this grant to be used

to fund any project which uses any product or service of a foreign country during the period in

which such foreign country is listed by the U.S. Trade Representative as denying fair and

equitable market opportunities for products and suppliers of the U.S. in procurement and

constructions.

There are no indications of non-compliance.

34. Policies, Standards, and Specifications. The City will carry out projects funded by the grant

in accordance with applicable FAA advisory circulars, policies, and standards.

While there are existing non-standard airport features, under TxDOT Aviation’s

supervision, the previous developments have been conducted in accordance with

applicable standards and so will future projects.

35. Relocation and Real Property Acquisition. The City will be guided by Subpart B of 49 CFR

Part 24 in property acquisition causing displacement, providing relocation assistance and

reimbursement for necessary expenses.

There are no such previous or planned instances.

36. Access by Intercity Buses. Intercity buses, if applicable, will have access to the Airport.

No bus service is available at the Airport, but the City does not prohibit access to public

transportation to the airport.

37. Disadvantaged Business Enterprises (DBE). No discrimination on the basis of race, color,

national origin, or sex will be tolerated in the award and performance of any FAA-assisted

contract or in the administration of the DBE Program.

TxDOT administers the grant and DBE programs and therefore the City is in compliance..

38. Hangar Construction. If a third party constructs a hangar at their own expense on the airport

property, the City will grant the third party a long-term lease subject to such terms and conditions

on the hangar as the City may impose.

There are no such instances. All hangars that use the airport are on private property.

39. Competitive Access. This assurance only applies to medium or large hub airports.

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1.6.2 THROUGH-THE-FENCE (TTF) COMPLIANCE

The City of Lago Vista owns the Airport and is responsible to maintain the airport components to

maintain access as a public-use airport. The Airport is currently used primarily by through-the-fence (TTF)

Operators. TTF operations are when users access the airport from private property by crossing the airport

property line, which, in some cases, would be fenced, hence the term. At Lago Vista – Rusty Allen Airport,

the only on-airport users include aircraft owners leasing tie-down space on a part- or full-time basis, and

the fuel service provider, who currently pays $1 per year. All of the existing hangars that have access to

the airport and the land they occupy are privately owned, with several of these being hangar homes for

residential use. These property owners are organized into the Rusty Allen Airport Property Owners

Association (RAAPOA). The use of the existing privately owned hangars includes residential hangar

homes, commercial activities, and aircraft storage. All existing hangar access is granted to the RAAPOA

through one master TTF agreement. The existing agreement includes fees that are collected by the

RAAPOA . The fee is set based on capital costs for general infrastructure as allowed by FAA, however the

fee is not well documented as to the fee. Currently, the RAAPOA pays the City $20,000 per year for an

access fee and may pay additional amounts for maintenance and repairs not covered by TxDOT Grants

(50 percent share up to $2,000) and for capital improvements (up to five percent of total project costs).

This agreement was last executed in 2009 and expires in 2019.

In recent years, TTF operations have been under scrutiny based on the FAA Modernization and Reform

Act of 2012. The Act precluded commercial service airports from entering into new Residential Through-

the-Fence (RTTF) agreements and if there was a triggering event, those agreements would need to be

reviewed and updated. For general aviation airports, such as Lago Vista - Rusty Allen Airport, residential

TTF access agreements are allowed by the Act as they will not result in non-compliance. As part of the

compliance review, the existing agreement was reviewed and evaluated based on the FAA Compliance

Guidance Letter 2013-01, FAA Review of Existing and Proposed Residential Through-the-Fence Access

Agreements, FAA Order 5190.6B, Airport Compliance Manual, and Transportation Research Board’s

Airport Cooperative Research Program (ACRP), Guidebook for Through-The –Fence Operations. There are

no limits or requirements as to the length (term) of the agreement, however FAA recommends a price

escalation allowance for any agreements longer than five years. The guidance letter requires that the TTF

access be shown on the updated ALP and that these agreements be written and meet the following

requirements:

Residential only TTF agreements must require property owners to:

Pay access charges that the sponsor determines to be comparable to those fees charged to tenants and operators on-airport making similar use of the airport.

Bear the cost of building and maintaining the infrastructure necessary to provide access to the airfield from property located adjacent or near the airport.

Maintain the property for residential, noncommercial use for the duration of the agreement (noncommercial is interpreted as aeronautical noncommercial, commercial use of the property which would not compete with aeronautical commercial activities is allowed).

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Prohibit access to the airport from other properties through the property of the property owner; and

Prohibit any aircraft refueling from occurring on the property (this is interpreted as selling fuel on personal property accessing the airfield).

Commercial TTF Use Requirements

For general aviation, the FAA discourages aeronautical commercial through-the-fence use. However, having aeronautical services available for aircraft is beneficial for airports and when there is not available space or property for on-airport aeronautical commercial businesses, the FAA is understanding. Having aeronautical commercial services available at the airport are beneficial in that they provide necessary service for the safe operation of aircraft and they provide jobs, boosting the local economy.

A separate Commercial TTF agreement is required for aeronautical commercial access to the airport.

The intent of the guidance for through-the-fence commercial activity is to allow fair competition between a through-the-fence commercial operator and an on-airport commercial operator. As stated by the Compliance Guidance Letter Section III.D., if there are existing aeronautical commercial use agreements, they must not “result in unjust economic discrimination for on-airport aeronautical service providers.”

Additional TTF Requirement, both Commercial and Residential TTF

The City must have an agreement with any TTF user accessing the airport. This includes restricting anyone from having “piggyback” access from a property without an agreement to access the airport through another property with an agreement. In the case of Lago Vista, this would mean anyone not a member of the RAAPOA, since the RAAPOA has one master agreement fulfilling this requirement for all its members.

Assessing Existing Through-the Fence-Agreement

During the 3rd APAC meeting, it was discovered that the tie-down fees being collected by the RAAPOA

are not going directly to the City. TxDOT and PSC understood the TTF agreement put the responsibility

of collecting the tie-down fees on the RAAPOA, but the agreement does not clearly state what to do with

the collected funds. According to grant assurances, revenue generated on the airport should be going to

the airport. Apparently, the tie-down funds are being used by the RAAPOA towards their five percent CIP

match, but that isn’t explicitly allowed in the TTF agreement and there are no records accounting for

those funds. This arrangement should cease. The tie-down fees are generated by City-owned airport

property and should be going directly to the City.

Aside from the tie-down issue, it appears that the City of Lago Vista is within compliance of the intent

of the FAA Compliance Guidance Letter for TTF agreements. Potential concerns could arise as the City

develops the airport and more “on-airport” users are introduced, especially aeronautical commercial

operators. The intent of the grant assurances and the TTF Compliance Guidance Letter are to require

that the sponsor keep fees and charges fair and reasonable for on airport users. Rates set for future “on-

airport” commercial users, land leases, and hangar leases must be justifiable using this guidance.

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Assessing Existing Commercial Aeronautical TTF Use

It was noted during the APAC meetings that there are existing and proposed commercial aeronautical

through-the-fence operators on the airfield. These include aircraft maintenance, flight training, and

perhaps more. FAA’s term for a commercial aeronautical operator is an FBO, or Fixed-Based Operator.

According to the Transportation Research Board’s Airport Cooperative Research Program (ACRP),

Guidebook for Through-The–Fence Operations, Commercial Aeronautical TTF (or TTF FBO) activities

would include:

Fueling products and services

Aircraft storage facilities

Location based services (aircraft ground handling, passenger and crew services, etc.)

Technical products and services (aircraft maintenance and repair, avionics, instruments, parts sales, etc.)*

Flight services (instruction, aircraft rental/leasing, aircraft charter, air cargo, etc.)

Aircraft sales

Other products and services (aircraft cleaning, painting, upholstery, sightseeing, aerial photography, crop dusting, etc.)

The intent of FAA guidance and policy for TTF FBOs is to ensure the safety and security of the airfield by

knowing who has access to the airport and the equitable treatment for similar on-airport operators. It

does not, however, require protection of TTF users, including FBOs. In fact, the City is not even required

to allow TTF access. Some airports choose to exercise that right. However, for Lago Vista – Rusty Allen

Airport, TTF access is part of its history and identity. The engagement of and relationship with the Rusty

Allen Property Owners Association has been and will continue to be vital to the airports existence and

operational safety.

The City should, according to FAA policy, have agreements with any TTF FBO users. Although there are

not current specific agreements with existing TTF FBOs, there are no current conflicting on-airport and

TTF FBOs. This could change in the future as the City intends to expand the airport. The City’s zoning of

C4, Commercial Airport, for most of the airport accessible properties allows for commercial activity. This

could be construed as an arrangement which allows for commercial aeronautical TTF activity, but does

not comprehensively assure compliance as it does not address equitable treatment. To clarify, the

equitable treatment requirement, in regards to commercial activity, does not imply that the customers

of on-airport and TTF FBOs need to be treated equitably. It applies to the FBOs and their agreements

with the City. So, if there were a TTF FBO and an on-airport FBO offering fuel, the City must not charge

the on-airport FBO more than the TTF FBO for a fuel flowage fee or other charge relating to the FBO

agreement.

The existing arrangement with TTF FBOs does not seem to conflict with the intent of the TTF policies.

However, the City should address potential conflicts proactively prior to entering into future agreements

with on-airport users. It is recommended that the City work with the RAAPOA to include, in future

renewal of the RAAPOA agreement, a requirement that TTF FBOs enter into a separate FBO agreement

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with the City. This agreement could be a standard agreement the City crafts for all FBOs, distinguishing

between FBO types, and should reference adherence to the Airports minimum standards and other rules

and regulations.

TxDOT is not an enforcement agency, but issues in regards to equitable treatment arise when complaints

are filed and the airport does not have documentation showing that equitable treatment is addressed.

The City should be proactive in anticipation of additional on-airport users and make sure it knows who

has access to the airport.

TTF Agreement Recommendations

For both residential and aeronautical commercial TTF use, the existing TTF agreement currently works,

but it expires in February of 2019 and revisions need to be made to better ensure compliance as new

on-airport users are introduced. One master agreement with the RAAPOA is recommended. An airport

that operates similarly through a master agreement with a POA is the Independence State Airport in

Independence, Oregon. Like Lago Vista, most of their users are TTF and one master agreement has been

used and is preferred. FAA has reviewed their agreement and it has been determined to be in compliance.

The following are other recommendations for the City to consider in the next version of the TTF access

agreement with the RAAPOA

Agreement Party/User Identification

To follow the intent of FAA’s guidance, the City should make sure they have record of all properties and

property owners who have access through the master RAAPOA agreement. The current agreement does

not identify the properties or properly identify who the RAAPOA is. This could be done by requiring the

RAAPOA to submit a member roster and based aircraft information along with their annual payment.

The City should also considering including an insurance requirement and add reference to the airport

rules and regulations and minimum standards in the next iteration of the agreement.

Access Fee

One master agreement with the RAAPOA is recommended, but the fee should be specified per RAAPOA

member either through per area, per based aircraft, or a flat per property fee using FAA approved rate

setting methodology. Historically, the fee has been one aggregate fee of $20,000, equivalent to a per

property fee of approximately $270 per year. This has been the arrangement for the past 10 years and

there has been no accounting to the City as to how much each property has contributed or how many

members the RAAPOA has. The next version of the agreement should properly identify and document

the rate setting methodology and seek a modest increase from the $270 per year as the fee has remained

constant for the past 10 years. See rates and charges section for information on acceptable rate setting

methodologies and a comparison of some relevant airport examples.

TTF Aeronautical Commercial Use (TTF FBO)

FAA discourages TTF FBOs, but given that there are existing TTF FBOs and the airport needs TTF FBOs

to be able to provide essential aviation services (maintenance, repairs, etc.), the City should make efforts

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to continue to allow and address the intent of FAA policy in dealing with TTF FBOs. The City should

consider adding a requirement in the master RAAPOA agreement that TTF FBOs sign some sort of

separate FBO agreement which reference the airports minimum standards for FBOs. The goal would be

to be proactive in preparing for future on-airport FBOs.

Restricting Piggyback Access

The next version of the agreement should also include a requirement that no RAAPOA member may

grant access to the airport from an adjacent property that is not a member of the RAAPOA because in

that case, the adjacent property would not have an agreement with the City.

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Chapter 2 – Future Use and Development

2.1 AIRPORT FACILITY NEEDS

Chapter 1 provides a detailed study of the airport and the current state of the airfield and its operation

and management. This chapter will focus on current and future development needs to meet current and

future demand. In the initial kickoff meeting, APAC members expressed their vision for the airport.

Through this exercise, other conversations with community members, and observations, the overall

vision for the airport is to provide a safe, self-sustaining airport, with maximum access to and from the

Lago Vista community. This helped establish the following priorities for the City of Lago Vista and the

Lago Vista – Rusty Allen Airport.

1. Safety. This aligns with both TxDOT and FAA’s priorities. Safety is paramount for an airport and it is the responsibility of the airport sponsor, the City of Lago Vista, to maintain the airport in a safe and operable manner. In considering future developments, safety measures will be addressed and FAA standards will be used in the design of airfield features. Bringing airfield features up to FAA standards, where possible, should be a priority when considering future developments.

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2. Financial Sustainability. The airport currently operates at a net cost to the City when considering the total cost of ownership (operations, maintenance, and capital improvements). This is very common for general aviation airports, but the City should make efforts to make the airport as self-sustaining as possible, including both operating costs and capital improvements. This is also one of the grant assurances the City has agreed to by accepting grant funds. The City currently has very limited sources of revenue and should seek to increase revenue.

3. Community. Given the history of the airport and the RAAPOA’s partnership, the community feel of the airport with several hangar home users, and other City amenities which are community focused (Lake Access, Golf Courses), community enhancement will be another goal for the airport developments. This would include allowing greater access to and from the community through adding public use facilities (public leased hangars, parking, tie-downs, bathrooms, terminal building) on the airfield and sensible development complimenting surrounding uses.

Through analysis of existing conditions and deficiencies, input from the City and airport users through

several discussions with individuals along with input provided at the public meetings for this project, the

following are identified airport needs:

2.1.1 PUBLIC INPUT ON AIRPORT NEEDS

Tie-downs o Purpose to increase access to and from community, increase revenue o Priorities Alignment: Community, Financial Sustainability

City take over fuel operations, move fuel station o Purpose to increase revenue o Priorities Alignment: Financial Sustainability

City-owned hangars o Purpose to increase access to and from community, increase revenue o Priorities Alignment: Community, Financial Sustainability

More City owned property o Purpose to increase development options by the city o Priorities Alignment: Safety, Financial Sustainability, Community

Helicopter area o Purpose to increase access by helicopters o Priorities Alignment: Community

Vehicle parking o Purport to increase access to and from community, to feel like a real public airport. o Priorities Alignment: Safety, Community

Terminal building o Purpose to increase access, sense of community, feel like a real public airport with

adequate restrooms. It would also improve marketability of the airport. o Priorities Alignment: Community

Zoning changes for airport expansion, aviation compatible light industrial use surrounding airport

o Priorities Alignment: Safety, Community

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Runway extension to the north o Increased length provides additional safety to existing users and expands access to more

aircraft within the airport’s current classification. Runway Capacity: According to FAA 150/5325-4B, Runway Length Requirements for Airport Design, to get to 100% coverage of existing “B” aircraft, the runway would need to be extended 400 feet to 4,200 feet. Additional length may be justified if it provided access to areas for City owned facilities.

o Priorities Alignment: Safety, Community, Financial Sustainability

Runway lighting and sign replacement (LED) o The existing lighting and signage may reach the end of its useful life within the planning

period and need replacement. New LED runway lighting could introduce cost savings. o Priority Alignment: Safety, Financial Sustainability

Security increase needed, unauthorized use by ground transportation has been observed o Needed for safety, possibly install gates for any vehicle access point o Priorities Alignment: Safety

Perimeter road o Increase safety by minimizing runway crossings by ground transportation o Priorities Alignment: Safety

Increased weight capacity of runway o To provide more access and to increase future fuel revenue by not excluding larger

aircraft o Currently at 12,500 pounds o Increase in published weight would increase Runway OFA to 400 feet. Many buildings

and the parallel taxiways would need to be removed to clear the OFA. This would not be feasible and is discussed further in section 2.2.

Non-aviation commercial development areas o Cars and aircraft do not mix. Any areas that are designated for future non-aviation

industrial/commercial use should be identified and planned to have landside only access, no airside access.

o Priorities Alignment: Safety, Community

New location for windcone o The existing windcone is not erected and is being stored by the existing fuel station. The

airport needs a windcone. o Priorities alignment: Safety

Existing pavement maintenance, rehabilitation, and reconstruction o There are areas of existing pavement which have received a surface sealant by the

rehabilitation project that was completed in 2016, but there are some areas that may need more extensive rehabilitation within the planning period. Continued preventative pavement maintenance will extend the life of the airfield pavement and maintaining pavement will also provide increased marketability of the airport.

o Priorities Alignment: Safety, Financial Sustainability, Community

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2.1.2 FAA STANDARDS REVIEW

In addition to the airport needs identified by the sponsor and users, an analysis of the existing airfield

reveals existing non-standard features that, at minimum, should be identified and discussed, and where

possible, mitigated. For some non-standard items, there may not be a feasible approach to mitigation.

In that case, the approach should be to not make matters worse. In the case of new development,

TxDOT/FAA will not fund new developments which are non-standard.

Table 13 - FAA Standard Issues

Airport Feature

FAA Standard Requirement

Existing at Lago Vista – Rusty Allen Airport

Mitigation Options

Runway to Parallel Taxiway Centerline Separation

150 feet West Side Parallel: 120-125 feet (non-standard)

Alternatives:

Abandon parallel taxiway, build individual perpendicular entrance taxiways from hangars

Stripe holdline at standard distance, consider parallel taxiing as backtaxiing and when west side tie-down area is reconstructed, construct a standard parallel through the portion adjacent to tie-down area (Recommended)

East Side Parallel: 150’

Meets standard

Runway width 60 feet 50 feet Consider a runway widening project. A runway widening project would complement a runway lighting replacement project.

Holding Position Markings (Holdlines)

125 feet from Runway Centerline

West Side Parallel Taxiway; 65 feet

Consult with TxDOT to evaluate benefit in striping holdline at correct separation (would require holdline across most of the West Parallel Taxiway).

Runway/ Taxiway Grade

Runway/Taxiway Safety Area/OFA Grading

Along the sides of the Taxiway/ Runway, and some Taxiway longitudinal grades appear non-standard

Deficiencies in grade of the existing taxiway system are less of a concern in regards to safety, but can make it troublesome for taxiing. With the topography constraints of the area, it is not expected that mitigation would be possible.

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Runway Protection Zone (RPZ)

Preferred for the airport to own or at minimum hold easement to RPZ area

RPZ on both ends is owned by others, no existing easements

The City should seek ownership of existing and ultimate RPZ areas.

North End (15): The City should look into a land swap with U.S. Fish and Wildlife and possible donation of RPZ land from property to the north, Thomas Penn.

South End (33): There are several smaller city size lots in the Runway 33 RPZ. The City should aim to acquire these lots. The lots, according to the City, are not developable

Taxiway/ Taxilane Object Free Area (OFA)

Taxiway OFA (89 ft)

Taxilane OFA (79 ft)

On the west side of the runway, there are some hangars that impede on the Taxiway/Taxilane Object Free Area (OFA).

City should consider zoning setback requirements and discuss possible common sense mitigation with property owners for non-structure critical features.

Airspace Part 77 Imaginary Airspace

Some buildings in Primary and Transitional Surfaces

Coordinate with TxDOT Aviation to determine if mitigation by obstruction lighting is needed.

For future hangar building application or any other building surrounding the airport, require a 7460 be filed with FAA to allow FAA to determine if the proposed construction is a hazard and if mitigation is required.

Full Length Parallel Taxiway (parallel to Runway)

A full Parallel Taxiway increases safety of airfield and is justified when airport operations exceed 20,000 or when based aircraft exceeds 30

Airport has 2 partial length parallel taxiways and has 82 based aircraft with 25,800 operations

Full length parallel taxiway is recommended. This requires further negotiations with USFW for triangle area to either acquire property or expand current easement.

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2.2 AIRPORT DEVELOPMENT NEEDS AND RECOMMENDATIONS

This section will address identified airport development needs and recommended improvements. See

Exhibit 3, Airport Development Plan for a depiction of the proposed development plan. This section will

include development concepts which may not be feasible but require further studies or analysis. The

recommended development plan will be summarized into the Proposed Implementation Program.

2.2.1 PROPERTY ACQUISITION

Exhibit 1, Airport Proposed Property Plan, indicates the proposed property acquisition. In regards to

capital improvements and growth of the airport, property acquisition should be the first priority as it is

required before most of the proposed developments can even be considered. Property acquisition is

eligible for 90 percent funding by TxDOT and can be reimbursed retroactively. There is not a question of

IF TxDOT will fund property acquisition, the question is the timing as long as the property is for airport

use. Given that it can be retroactively reimbursed, the City should pursue property acquisition as soon as

possible. The City should coordinate closely with TxDOT to make sure the TxDOT process is followed.

The property to be acquired includes the following:

Penn Property o RPZ (existing and future) acquisition for runway extension. o Avigation easement. This is shown on Exhibit 1 and should allow the City the rights to

keep control of the area of land included in the airports approach surface and Threshold Siting Surface (TSS) to be able to remove and prevent obstructions to airspace.

o If the property is donated, 90 percent of the appraised amount could be credited towards future match funds with TxDOT

East side hangar area property and access taxiway property. The access taxiway and the properties labeled for phase 1 should be the near term priority.

West side tie-down, fuel, terminal, and parking area land acquisition. The three properties nearest the existing airport entrance should be the priority at this location. Additional properties should be considered as the City can warrant.

South RPZ acquisition.

2.2.2 RUNWAY EXTENSION

At the Kickoff and first APAC meeting, there was a desire expressed to lengthen the runway. There were

initial concerns that seemed to preclude the feasibility of an extended runway. The initial questions in

relation to the feasibility of extending the Runway at Lago Vista – Rusty Allen Airport to the north were:

Runway Length Justification: There was doubt that justification existed to lengthen the runway

as it was suspected that the airport classification would need to increase to justify a longer

runway. That was not the case. The existing runway length is 3,808 feet. According to FAA

AC/5325-4B, Runway Length Requirements for Airport Design, for the current airport classification

at Lago Vista, B-I(small), the length required to serve 100 percent of small aircraft serving 10

passengers or less is 4,200 feet. See the chart below from the AC. This chart is to be used when

the airport is “primarily intended to serve communities located on the fringe of a metropolitan

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area,” which describes Lago Vista. This suggests a runway length of 4,200 feet, an extension of

400 feet, would be justified without an increase to the ARC.

Figure 26 - Runway Length Determination Chart from FAA AC/5325-4B, Runway Length Requirements for Airport Design

Grant Assurance 4, “Good Title”. Another perceived hurdle to a runway extension was Grant

Assurance 4. The typical expectation is for the sponsor to own property on which it would extend

the runway, as well as the OFA and the RPZ for the extended runway.

o The guidance for this grant assurance, as described in FAA Order 5190.6B, Airport

Compliance Manual (Sept., 2009), is that “good title exists or that the sponsor will acquire

good title for any property where federal funds will be used. For airport development

programs, the sponsor must assure that the sponsor, another public agency, or the

federal government holds good title to the airfield or airport site.”

U.S. Fish and Wildlife Property at Runway 15 end. The airport currently does not

own the property that roughly a third of the northern end of the runway is on.

Use as a runway is granted through an easement with the U.S. Fish and Wildlife

for “constructing, operating, and maintaining an airport runway.”

The property is owned by the federal government, which would meet

“good title” requirements.

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Penn Property: The property north of the USFW runway easement is privately

owned. The Penns have mentioned the possibility to donate land to allow for a

runway extension. No formal negotiations have begun at this point. The

minimum amount of property needed to acquire would be the length needed for

the runway extension, its associated Runway Object Free Area (ROFA), the

existing and ultimate Runway Protection Zones (RPZ), and the Object Free Area

for parallel taxiways adjacent to the extended runway.

Another question was if it would be feasible to extend the runway to the south, the Runway 33 end. This

option was determined to not be feasible due to runway safety area grading requirements beyond the

runway end and because the change would prompt a new RPZ determination by the FAA which may

require closure or relocation of Rawhide Trail.

Lago Vista – Rusty Allen Airport is a highly utilized airport. Increasing runway length, even if it is a

displaced extension, adds to the safety and usability of the airport. While the airport is unique, with many

challenges, the proposed runway extension and the solutions to non-standard conditions would allow

the airport to operate in a safer and more standardized manner.

Further Runway Extension Discussion

On September 22nd , 2016 a meeting was held with TxDOT, the City, consultant, and Thomas Penn, the

owner of the property to the north of the airport. Thomas Penn indicated that he would be inclined to

possibly donate land for future airport use, in addition to land needed for the runway extension, if the

runway extension allowed airside access to his property. While the calculated and justified runway length

only extends the runway 400 feet, to 4,208 feet, TxDOT offered that if there was a need for more facilities

and a longer runway would allow access for future facilities, a longer extension of 800 feet would be

justified. This would require the City to acquire not only the land for the extension and the associated

RPZ and other safety and object free areas, but also to acquire land to expand needed City owned

facilities, such as tie-downs or City hangars or land lease. This arrangement would need to be negotiated,

but if this were to come to fruition, it would be beneficial to the City as it would increase capacity for

which there is a current demand and increase the safety and overall usability of the airport with a longer

runway.

Parallel Taxiways to Accommodate Runway Extension

Including a parallel taxiway to serve the extended runway is also recommended to increase safety. The

operations and based aircraft at Lago Vista-Rusty Allen Airport justify a full length parallel taxiway

according to TxDOT Aviation Division Policies and Standards (>20,000 operations or >30 based

aircraft). In order to construct a parallel taxiway, the existing runway easement from the US Fish and

Wildlife (USFW) would need to be expanded or the City would need to acquire some of the USFW

property. The expanded lease or acquisition of the property for the parallel taxiway should include a

standard taxiway Object Free Area at the correct distance from the runway.

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Runway Extension Recommendation

It is recommended that the City include a runway extension of 800 feet to the north off the Runway 15

end in the long range plan for the airport. Other developments including property acquisition and hangar

and tie-down development may be of higher priority as the City needs to have a foundation of facilities

to generate revenue and allow better access to itinerant traffic. In addition to the runway extension, a

parallel taxiway should be pursued, either on the east or west side of the runway, which will require

working with USFW to either expand the current runway easement or acquire property.

The next steps would be for the City to pursue land acquisition options with the Penn property to the

north, especially if land donation is possible. The footprint should include Runway Protection Zone (RPZ),

area for the existing and extended runway, Object Free Areas for parallel taxiways and a tie-down apron,

and an easement or acquisition of close-in areas of the approach surface as shown in the exhibits. The

City should coordinate with TxDOT Aviation Division throughout the land acquisition process. If land is

acquired for the extended runway RPZ, the City would then coordinate with TxDOT Aviation for

environmental considerations for the runway extension, which may require an environmental

assessment. There are some known endangered bird species in the vicinity of the airport, so it is possible

that a runway extension is not feasible. However, due to the area of the extended runway centerline

being cleared, the likelihood for habitat disturbance due to the proposed runway extension is low based

on available maps.

2.2.3 RUNWAY LIGHTING AND SIGNAGE REPLACEMENT (LED)

It was expressed that new LED runway lighting is desired to introduce costs savings. The existing lighting

will eventually reach the end of its useful life, and replacement should be considered for future

improvements. Runway lighting is eligible for funding through TxDOT at 90 percent funding from

TxDOT.

Runway Lighting and Signage Recommendation

Runway lights are important to the safe operation of the airport. The City should track maintenance and

repairs and coordinate with TxDOT Aviation to determine the urgency of the lighting replacement. If a

runway extension and/or widening is programmed, that would be the ideal time to replace the runway

lighting and signage as the layout is based on pavement geometry. Some of the existing signs are starting

to fade and the City should consider a short term solution using RAMP funds to replace or rehabilitate

the sign faces.

2.2.4 RUNWAY WIDENING

The existing runway is 50 feet wide, while the standard width for a B-I (small) airport is 60 feet. A widening

project would standardize the airport and increase the pavement available for aircraft wander during

landing and takeoff. It is recommended that a runway widening project be included in the future

developments, but it would be best completed as a combination with a runway lighting and/or a runway

extension project.

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2.2.5 NON-STANDARD EXISTING WEST SIDE PARALLEL TAXIWAY AND HOLDLINE SEPARATION

The existing west side parallel taxiway is approximately 25 feet too close to the Runway. The standard

centerline separation for a B-I (small) airport is 150 feet. The existing west parallel taxiway separation is

closer to 125 feet. The existing hold lines are also at non-standard locations. They are painted at the

Runway Safety Area instead of at the correct distance of 125 feet which corresponds to the Runway

Object Free Area (ROFA) and the Runway Object Free Zone (OFZ). To relocate the parallel taxiway to its

standard separation would require removal of approximately 23 existing hangars due to the Taxiway

OFA. The cost and process would be prohibitive.

Mitigation Alternatives

o Runway Shift: One alternative to address the non-standard west side parallel taxiway

would be to shift the entire runway east. An initial analysis of the site indicates that a

shift to the east of 20 feet would put the west parallel taxiway at the correct separation.

However, this would require full reconstruction of the east side parallel and a

reconstruction of much of the runway as FAA standards do not allow an offset runway

crown. A new full airspace analysis survey would likely be required to update the GPS

procedure to Runway 15. In addition, the Taxiway OFA would still not be clear on the

west side, which is still non-standard. Due to the very high cost of this concept and that

it does not fully address the non-standard taxiway, this alternative is not recommended.

o Individual Hangar Access Taxiways: Another solution to standardize would be to

abandon the existing west parallel taxiway pavement and construct individual access

taxiways from the existing hangars, perpendicular to the runway, installing holdlines at

the correct locations. While this is not ideal as it introduces several access points to the

runway, it would meet FAA standards. In addition to the single access taxiways, an

additional connector taxiway between the east side parallel taxiway and the runway

would allow aircraft to cross the runway and minimizing taxiing on the runway.

One possible issue with this approach is the idea of direct access from an apron

to a runway. There is guidance in the FAA Advisory Circular 150/5300-13A, Airport

Design, which does not allow taxiway design to allow direct access from an apron

to a runway unless there is a turn involved. The intent of this guidance is to

prevent unintentional entrance to the runway area from public aprons where

someone not familiar with the airfield could accidentally enter the runway. This

approach to standardization would not violate the intent of the direct access

guidance.

This would be a costly approach and since these would serve only certain

individual hangars, TxDOT Aviation’s (and FAA) policy would not participate in

the funding for these.

o Re-Stripe Holdline at Standard Location. Another solution, while unconventional,

would be to cease considering the parallel taxiway as a parallel taxiway, but consider it

similar to apron pavement and install a hold line along its length. This would mean that

any aircraft using the pavement to taxi would be inside the OFZ, similar to when aircraft

back taxi on the runway, which is already done frequently as Runway 15 is the favored

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end. This approach is actually shown on the current Airport Layout Drawing (ALD). As

with the previous alternative, an additional connector taxiway could be constructed to

minimize taxiing inside an active Runway OFZ. While this is an unconventional, it would

seem to meet the intent of the FAA standards for airport design. The piece of parallel

taxiway along the proposed tie-down apron would be designed at the correct separation

from the runway. This is depicted below:

Figure 27 - Holdline Relocation and new Connector Taxiway

West Side Parallel Taxiway/Holdline Recommendation

If TxDOT and the City deem that mitigation of the non-standard west side parallel taxiway is needed, it

is recommended that to mitigate the non-standard west side parallel taxiway and holdline, the holdline

be re-striped at the correct location. This is the approach shown on the previous approved Airport Layout

Drawing (ALD), which will be updated as part of this planning project. The recommended timing of this

work would be in conjunction with or soon after the West Side Tie-down Apron.

2.2.6 EXISTING PAVEMENT MAINTENANCE, REHABILITATION, AND RECONSTRUCTION

The airport recently completed a pavement rehabilitation of the entire airport through TxDOT Aviation's

CIP. Most of this project involved a surface sealant on existing asphaltic concrete (AC) pavement, but the

southern portion of the west parallel taxiway along with 2 other isolated areas were reconstructed in

Portland Cement Concrete (PCC). Some portions of the airfield pavement that received a surface sealant

are experiencing base failure and the rehabilitation project in 2016 was a short term solution.

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Pavement Maintenance, Rehabilitation, and Reconstruction

The airport needs to focus on property acquisition and increasing City owned facilities, but maintaining

the existing pavement should be a priority as well. The Airport should use the TxDOT Routine Airport

Maintenance Program (RAMP) to make isolated repairs as necessary to address base failure and for

regular preventative maintenance to seal cracks. The recent rehabilitation project and future use of

RAMP to maintain the existing pavements should keep the airport pavement safe and operable while it

focuses on acquiring land and developing revenue generating facilities.

2.2.7 NEW LOCATION FOR WINDCONE

The existing windcone has been taken down and the airport needs to have a windcone on the airfield.

One suggestion was to install a windcone on an existing hangar. This option was acceptable to TxDOT,

but it also presents challenges. If it is a City owned windcone, having it installed on a private hangar would

require some sort of agreement to make it a sustainable solution. Also, installing it atop a building would

likely require a structural evaluation to ensure the hangar and the windcone tower wouldn’t undermine

each of their structures. The FAA standards were used to determine the optimal location, which would

be 1000 feet inboard of the runway end on the left side, outside the runway Object Free Area (OFA),

although allowed to be inside the OFA if a frangible ground connection is used and there is an operational

need.

Windcone Recommendation

It is recommended the windcone be placed as shown below, 1000 feet from the runway 15 end, on the

left (as a pilot approaches the runway end), halfway between the OFA and RSA with a frangible coupling.

This could be done using RAMP funds (50% split). The windcone is a safety measure associated with the

runway, similar to runway edge lights. The City should consult with the USFW to see if they could

consider a windcone similar to runway edge lights and allow installation within the existing runway

easement.

Figure 28 - Recommended Windcone Location

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2.2.8 TIE-DOWNS

Currently, there are 11 public tie-down spots. Many of these are currently occupied by long term, based

aircraft. There is minimal room for itinerant aircraft to come and tie-down for the day to visit the golf

course, experience Lake Travis, go hunting, or to conduct business in the area. The airport based aircraft

has grown steadily since 1995 and the airfield is pretty much at capacity with its current facilities. Users

end up needing to use undeveloped areas to temporarily park their aircraft. Additional tie-downs would

help the City incur additional revenue, but would also allow for increased access to and from the

community, increasing the indirect economic impact the airport has to the City. There was one area

identified as a potential area for tie-down development on the west side of the runway, which would

expand the existing tie-down apron. See below for the proposed West Side Tie-Down Apron

Development. This was agreed to be the optimum location for tie-downs since undeveloped land is

scarce and having the public tie-downs close to the airport entrance, the Fueling area, and the future

terminal building made the most operational sense.

Figure 29 - Proposed West Side Tie-Down Apron Development

Another option for increasing tie-downs would be to put a row of tie-downs at the southwest corner of

the airport. In conversations with TxDOT, the City was told that TxDOT may not fund these given their

proximity to the runway end environment. According to an initial analysis, these tie-downs would be

outside the RPZ and there is a significant decrease in grade in that area compared to the runway end,

indicating that the parked aircraft may not penetrate the Part 77 imaginary surfaces. While ideally, this

would be a paved area, the City could start by grassing the area and providing tie-down anchors for

relatively minimal cost. In addition, if enough land is acquired as part of the runway extension, an

additional tie-down apron should be included adjacent to the runway as shown in the development plan.

Airport Action Plan


Figure 30 - Proposed City (non-TxDOT) grassed Tie-Down Area

Tie-Down Recommendations

It is recommended the City pursue a grassed tie-down area at the southwest corner of the airport and

use for long term tie-down tenants, charging the current $400 per year for use per tie-down. The City

would need to acquire property in order for the West Side Tie-Down Apron Development to occur, which

should be a priority. There is demand for tie-downs and currently there are several aircraft parking in

undeveloped areas due to the lack of tie-down capacity. The area recommended for more tie-downs

would be adjacent to the airport entrance, expanding the current tie-down apron. This area is adjacent

to the recommended public parking and terminal area, which will keep public use and fueling

consolidated to one area. These proposed developments are recommended to be included in the

development plan, the airport needs more public use tie-downs to accommodate the increasing traffic.

This would also increase the airport revenue in tie-down fees.

2.2.9 FUEL OPERATIONS

The City currently only receives $1 annually from the private self serve fuel provider. The City and other

stakeholders would like to have the City generate revenue from the fuel. Also, the existing location of the

fueling station causes congestion on the taxiway and you can only pump from one side. The City would

like the airport to also have jet fuel in addition to the AvGas it currently has. The proposed location for a

future, city owned fuel farm is in the proposed West Side Tie-Down Apron development.

Fuel Recommendations

A short term suggestion, until the City could afford to invest in a fuel farm, would be to issue a request

for proposals for a temporary fuel provider, where the City would collect a fuel flowage fee per gallon of

fuel sold. Common fuel flowage fees range from $0.10-0.12 per gallon. This is a very common practice

Airport Action Plan


and allows airports to generate a revenue on fuel sales. Fuel farms are eligible for 75% funding through

TxDOT and it is recommended that when the property for the proposed fuel farm is acquired and when

funding from the City and TxDOT is available, the City consider investing in a fuel farm (25% match). The

City could then enter into an agreement with an FBO to run the fuel, allow it to be self-serve, or determine

if hiring City staff to manage the airport and provide fuel service is viable. Some airports receive as much

as $0.50 per gallon when they own and run the fuel farm. For now, a temporary solution should be

considered to allow the City to gain revenue from fuel to include a fuel flowage fee. Property acquisition

is vital to making a future fuel farm a reality.

2.2.10 CITY-OWNED HANGARS

The City and APAC agreed that the City should own hangars on the airport and rent them out. General

Aviation airports commonly use rental fees from airport owned hangars as a primary source of revenue

to sustain the airport. TxDOT Aviation will fund 90% of hangar (building only) costs up to $600,000, which

makes this a very attractive and inexpensive option for the City to own revenue generating facilities. It

was agreed that, if the City can acquire property on the east side of the airport, that there be an East Side

Hangar Development area. The APAC preferred to show a large area for acquisition and development.

However, to maximize the TxDOT funds by keeping the initial development closer to $666,667 (90%

would be $600,000), the development is shown as phased, where Phase 1 would be the initial project and

Phase 2 would be developed in the future when funds were available.

Figure 31 - Proposed East Side Hangar Development

Another area that was identified where the City could own and rent hangar space was near the airport

entrance where the proposed vehicle parking and terminal building area shown. This is shown as a single

Airport Action Plan


box hangar. As discussed in section 2.2.7, Terminal Building, the City could consider a combined

terminal/hangar facility and lease out the hangar portion.

Hangar Recommendation

Owning hangars and renting them out for revenue is a primary source of revenue for most airports

throughout Texas. There is a shortage of hangar space throughout the state, especially here in the central

Texas market. The City receives regular calls asking if there is hangar space available for rent at the

airport. There is demand and the City should proceed with the proposed hangar developments. The first

step would be to pursue acquisition of property within the proposed development areas. If the City

owned 8 hangars and could rent them out for $300 per month, that would be an increase in annual

revenue of $28,800, which would more than double the current Airport revenue.

2.2.11 HELICOPTER PARKING AREA

Currently, there is no area designated for helicopter parking on the airport. As discussed in the APAC

meetings, an area for helicopters, especially for emergency services, would be beneficial to both the

airport and the region. As part of the planning effort, PSC contacted StarFlight, an air ambulance service

serving Travis County and the Lago Vista area and in conversations with them, found that they would

appreciate and would likely use helicopter parking areas if available. They also said they’d likely buy fuel,

if Jet A was available. Their fleet includes a UH-1 (Huey) and 2 EC 145 helicopters. An area inside the

proposed East Side Hangar Development is shown as possible location for helicopter parking. Also, the

clear taxi path required for a Heuy, according to FAA Advisory Circular 150/5390-2C, Heliport Design, is 96

feet, which has been included for access to fuel in the proposed West Side Tie-Down Development.

Helicopter Parking Recommendations

An area where helicopters can park and stage would be beneficial and it is recommended that parking

for 2 helicopters be included in the development plan. The property acquisition and development of the

proposed East Side Hangar Development is required before the helicopter parking can be considered.

2.2.12 TERMINAL BUILDING

An airport terminal building was also discussed as a need for the airport. An airport terminal building

gives structure to an airport, allows visitors and users a place to meet, use a restroom, flight plan, and

find useful information. While it does not generate direct revenue, a terminal building can give the airport

a real sense of community and increase the overall marketability of the airport. Terminal buildings, like

landside facilities, are eligible for TxDOT Aviation funding at a 50% match up to $500,000. The

development plan currently shows a standalone terminal building across from a city owned box hangar,

but the City may also consider a combined terminal/hangar facility or a small portable building style

terminal building to keep the costs down. Several airports have chosen the portable style and used RAMP

funds instead of the terminal building program.

Another desire and potential that some stakeholders have mentioned is working with the Emergency

Services District (ESD) to see if they would participate in a joint facility for an airport terminal and some

Airport Action Plan


sort of ESD base or training facility. While this may be convoluted in how the funding eligibility and the

required match from the City might be, if it is a truly viable option, this concept should be further

investigated by the City. If there is funding availability, this could be a great partnership.

Terminal Building Recommendation

It is recommended that a terminal building be included in the development plan, but given the potential

cost, other developments that increase airport revenue should take priority. Property acquisition is

required prior to consideration of a terminal building. The recommended location for the terminal

building is adjacent to the airport entrance, to the south of the entrance road. This will allow for a public

area for the public to park and keep landside access controlled and separate from airside pavements. This

is also next to the public tie-down area, which will best serve the airport. Once the City has acquired the

property, the City should coordinate with TxDOT to explore the options available. TxDOT recommends

the Terminal Building be included within 10 years, but the City would need to determine the type of

facility desired and budget accordingly. The current development plan shows a concept for a terminal

building, this concept is not set in stone and may be changed as needed.

2.2.13 VEHICLE PARKING

Currently, there is only one area designated for ground vehicle parking, but this area is not even visible

from the airport entrance. The proposed area for future vehicle parking is near the airport entrance,

adjacent to the proposed future terminal building. This is the most logical area for vehicle parking.

TxDOT funds landside (as opposed to airside) projects, such as ground vehicle parking, at 50% up to

$50,000.

Parking Recommendation

Having an area where people can park is a vital part of a public airport and the parking area should be

included in the development plan. As with most of the proposed developments, property acquisition is

needed prior to developing a parking area. This could be accomplished through TxDOT’s Capital

Improvement Program (CIP) or through the Routine Airport Maintenance Program (RAMP) which is a

50% match grant that covers airport maintenance and small capital improvement projects. The City

could also charge long term parking fees for any parking over 72 hrs as another source of revenue.

2.2.14 PERIMETER ROAD

A road around the south end of the airport perimeter would increase safety by minimizing runway

crossings by ground transportation. There is currently a dirt road at the south end. Perimeter roads are

allowed inside an RPZ as long as it’s outside the ROFA and it is for on-airport transportation only without

landside access. There are several other revenue generating developments that would take priority, but

the City should consider a paved perimeter road in the overall development plan, it would improve safety

in reducing vehicle runway crossings.

Airport Action Plan


2.2.15 SECURITY INCREASE NEEDED, UNAUTHORIZED USE BY GROUND TRANSPORTATION HAS BEEN OBSERVED

At the first APAC meeting, it was mentioned that there was unauthorized use of the airfield by vehicles

occurring at the airport. The airport is currently very open to the public. Whether intentional or not, it is

very simple for anyone to wander onto the airport in their car, even onto the runway. Increased security

would increase airfield safety and should be a priority in future development. Gates and fencing is

included in the development plan, but short term solutions should be considered to reduce unauthorized

access and use of airfield pavements.

2.2.16 ZONING CHANGES FOR AIRPORT EXPANSION, AVIATION COMPATIBLE LIGHT INDUSTRIAL USE SURROUNDING AIRPORT

Exhibit 2, Airport Zoning, shows the zoning recommendations. The areas to the East and West of the

airport, not designated for future airport development, have been recommended for industrial use,

compatible with the Airport. This aligns with the City’s 2030 Comprehensive Plan.

2.2.17 LAND SWAP WITH US FISH AND WILDLIFE FOR TRIANGLE AREA WEST OF RUNWAY 15

The triangle shaped area of land to the west of Runway 15 is a potential area for the airport to increase

the safety of the airfield by constructing a full length parallel taxiway to the Runway 15 end, being able

to control and prevent obstructions to airspace, and mitigating wildlife hazards to aircraft. There are also

other opportunities that the City could realize if this triangle area were acquired including greater access

for emergency services and expanding other needed facilities. This would require the City to have an

expanded easement or acquisition of a portion of the triangle area. FAA, TxDOT, and the City would

prefer for the City to own this area as well as the current runway easement area, along with a sliver of

property to the East of the runway to leave the option for a future parallel taxiway and the Threshold

Siting Surface (TSS) area to control obstructions. Thomas Penn, the property owner to the north, has

attempted to do a land swap with US Fish and Wildlife, but was told that it would literally take an act of

congress for that to happen. Another option that was discussed was to request an expansion of the

runway lease to include the triangle area to allow for airport expansion.

Land Swap Recommendation

It does not seem like land acquisition of the triangle area is likely based on input from Thomas Penn, the

private property owner to the north, but it is recommended that City pursue this further with the US Fish

and Wildlife to see if a land swap or an expansion of the existing runway easement is even possible. If it

is feasible, it would require the city to acquire property surrounding the airport to offer for a swap. See

figure below for a depiction of the triangle area. At minimum, it would be beneficial if the existing runway

easement would be expanded to allow for a parallel taxiway as this would further the safety of the airfield.

Airport Action Plan


Figure 32 - Proposed Triangle Area Land Swap/Acquisition. To include area east of the Runway for future parallel taxiway OFA and Threshold Siting Surface (TSS) to be able to control obstructions.

2.2.18 INCREASED WEIGHT CAPACITY OF RUNWAY, INCREASE IN AIRPORT CLASSIFICATION

There was a discussion in the first APAC meeting of increasing the weight capacity of the runway. The

benefit would be to allow larger aircraft to use the airport and purchase fuel. Currently the weight

capacity of the airport and runway is for 12,500 lb aircraft. This is part of the airport classification of

“small”. The pavement itself may or may not be capable of supporting aircraft heavier than 12,500 lbs.

This action plan did not include an analysis of the pavement structure. However, if the airport were to be

classified for aircraft larger than 12,500 pounds, the Object Free Area (OFA) would increase from 250 feet

wide to 400 feet. In order for TxDOT/FAA to approve an upgrade of the airport from “small”, it would

require the OFA to be clear, which would require removal of both parallel taxiways and most of the

hangars on the west side of the airport. The same concept is true in considering increasing the other

facets of the Airport Reference Code (ARC); the Airport Approach Category of “B” and the Airplane

Design Group of “I”. Upgrading either of these would also require removal of half or more of the existing

hangars and both of the parallel taxiways.

Airport Action Plan


Figure 33 - Increase in Weight Capacity of Airport Not Possible. Would require removal of all hangars within a 400 feet wide OFA.

Airport Classification, Weight Capacity Recommendation

While there are existing non-standard taxiway features on the airport, the existing runway RSA and OFA

are met. Any increase to the ARC or weight capacity of the airport would require standardization of the

airfield to the RSA and OFA standards associated with the upgraded classification. This is not feasible as

it’d require condemnation and removal of much of the existing infrastructure and hangars. It is

recommended that the City consider the ARC of B-I (small) as the permanent classification for the Lago

Vista – Rusty Allen Airport.

2.2.19 ZONING CHANGES FOR AIRPORT HAZARD HEIGHT ZONING

It has been mentioned that some sort of zoning overlay or avigation easement be considered to protect

the City from complaints about noise from airport neighbors. The 2030 Comprehensive Plan

recommends considering rezoning of the areas immediately to the east and west of the airport ot light

industrial, which would be airport compatible. Also the areas to the north and south of the runway end

mostly drop off in elevation, likely preventing obstructions to airspace. The City already has a Height

Hazard Zoning protecting the airspace.

Zoning Recommendations

It is recommended that the City move forward with the zoning recommendations from the 2030

Comprehensive Plan and pursue control of the Runway Protection Zones (RPZ) through acquisition. With

the recommended rezoning, the acquisition of the RPZ, and the already in place Height Hazard zoning,

no further zoning actions are required. The City may consider a property notification document to include

with disclosures in future title transfers within the airport environ notifying the property owner they are

within an airport zone if the City is concerned with potential noise complaints.

Airport Action Plan


2.3 PROPOSED IMPLEMENTATION PROGRAM

The proposed development plan has been put together based recommendations from the needs

identified to both meet existing and future demands for the airport. The City of Lago Vista will continue

to grow as the greater Austin area continues to grow. The Airport needs more facilities to both become

financially self-sustaining and to have capacity to meet current and future demand. Currently aircraft

owners are parking aircraft in undeveloped areas and current users along with the City’s Director of

Aviation receive inquiries for aircraft storage (hangar or tie-down) on a very frequent basis. To prepare

for the future development, there are some general airport management recommendations along with

property acquisition that will need to occur. The Airport implementation program includes airport

management recommendations based on chapter 1 and a proposed Capital Improvement Program for

the near term, the next 10 years (2017-2026), and the long range plan (2027 and beyond). This is a

snapshot projection for the airport. Planning is an ongoing process and the City and TxDOT will need to

annually review the plan and make adjustments as necessary.

The projects, phasing, and costs presented in the implementation program are based on the best

available information at the time of its formation. Individual opinions of probable costs (OPC) have been

developed for each of the proposed developments. These are preliminary estimates and should be used

for planning purposes only. The City is the airport owner and sponsor and will be responsible for funding

the sponsor share required for TxDOT Grants. TxDOT and the City have provided preliminary funding

projections and input on project phasing to help develop the Capital Improvement Program (CIP) portion

of the program. The purpose is to provide a reasonable projection of the capital needs to be used in the

City of Lago Vista and TxDOT’s budgeting and programming processes.

Airport Action Plan


2.3.1 AIRPORT MANAGEMENT RECOMMENDED ACTION ITEMS

City Action Items (Based on Chapter 1 Recommendations)

The City should contact the local fire, police, and ESD to see if there is a need for and the feasibility of an emergency services facility at the airport.

Fencing, automatic gates, and/or some sort of barriers should be considered to eliminate unauthorized access onto the airfield, whether intentional or not. Currently, the main entrance gate remains open and it is fairly easy for someone to drive right onto the runway. There is also a vacant lot by the F-4 airport sign that is being used as an unrestricted airport entrance. While the long term solution should include automatic gates and fencing in conjunction with new parking areas, terminal building, etc., the City should implement short term solutions for decreasing unauthorized use of the airfield pavements.

A standard highway type airport with arrow sign should be installed at the intersection of Bar K and Rawhide Trail directing the public towards the airport entrance.

When the City starts property acquisition for the north end, the City should also pursue avigation easements within the Threshold Siting Surface (TSS) to gain the freedom to remove and prevent obstructions.

City should pursue ownership of Runway Protection Zones (RPZ) for Runway 15 existing and future and for Runway 33.

It was mentioned that the Penn property to the North of the airport was interested in donating land for a runway extension. This should be a priority for the City as it is a great opportunity to prepare for a runway extension. Also, if the land is donated, TxDOT will allow the City to consider it as in-kind match for future projects, which would relieve the City of some of the financial demands for the future Capital Improvements.

City should change the name of the current “Minimum Standards” to Airport Rules and Regulations and review the TxDOT Rules and Regulations template document to see what changes may be warranted. Also, a new “Minimum Standards for FBOs” should be drafted. TxDOT has a template form the City can use as a starting point. These templates are included in Appendix 2.

The Airport Master Record with FAA is currently out of date in regards to based aircraft and operations. The City should seek to gain based aircraft data (tail numbers) from the known 82 based aircraft and update the published information (the published information shows 17 based aircraft). This could put the City in a better position for receiving grant funds as airports with more activity are typically given priority over those with less.

The airport financial record keeping should be improved. Any funds coming in or out of the airport should be accounted for in the airport budget. Also, an airport specific account could be set up for when the Airport operates at a surplus, so the City can save for Capital Improvements.

Change the fuel arrangement to start charging a fuel flowage fee ($0.10-$0.12 per gallon is typical) to a fuel service provider. This could be done through issuing an RFP for a new fuel service provider. The new agreement should not grant exclusive rights and should be developed considering a future City owned fuel farm.

The City should consider providing a loaner car to attract visitors and allow them to visit Lago Vista.

The City should also pursue a land swap or some sort of acquisition or expansion of the existing runway easement with the U.S. Fish and Wildlife.

Airport Action Plan


Through the Fence (TTF) Access Agreement with RAAPOA Recommendations are covered in section 1.6.2 of this document, and they include: o Keep the master agreement framework, but make revisions and execute the new agreement when the existing agreement expires (or sooner if

both parties agree). o A master agreement with the RAAPOA is recommended, but a property specific fee should be assessed instead of one aggregate fee. o The property specific fee should be set using an FAA approved method o The agreement should

State TTF FBOs are required to have a separate FBO agreement with the City Better define who the RAAPOA is and the City should maintain a list of members and based aircraft information Discontinue the RAAPOA collection of tie-down fees and the five percent match towards CIP projects Reference the airport Rules and Regulations for users to abide by Include insurance requirements

An airport fee schedule should be developed and the City should post this at the airport along with instructions for payment. This should include all fees for the airport both existing and future, so the City is prepared for future development. Also, the City should set up a convenient way to receive payments. This could be done as it is currently through physical collection near the tie-downs, but the City could also add an online payment option and put the website address for payment on the sign along with a QR code.

These recommendations, if implemented, would increase airport revenue and improve airport operation. These action items have been summarized into a

recommended plan in Table 14 (next page.)

Airport Action Plan


Table 14 - City Airport Management Action Item Summary and Recommended Plan

Year City Airport Management Action Items Land Action Items

2017

Obtain Based Aircraft Data (Make/Model/Tail

Number), Update Airport Data (Based Aircraft and

Operations)

Issue Fuel RFP, start charting

fuel flowage fee ($0.12 per

gallon)

Coordinate with local

police, fire, and ESD to determine feasibility of a joint Terminal Building facility

Refine airport budget, start

accounting for airport expenses

separately to include all funds

in/out.

Develop Standard Airport Fee/ Rate Schedule and

payment method for Airport fees (secured box collected by City, online

payment option, City office payment)

Consider short term Options for securing airfield from unauthorized

airfield use

Penn RPZ Land

Acquisition (Donation)

and avigation easement

Property Acquisition for West and East

Side developments

(Ph 1 minimum)

Pursue Land Swap

or Expansion of Lease

with USFW

Continue with Comp Plan Zoning Recommendations

2018

Develop Airport Minimum Standards for FBOs and

Airport Rules and Regulations (Use existing City document as starting point for Rules and Regs)

Develop Standard FBO agreement for TTF FBOs and

future on-airport FBOs

Revise TTF Agreement to

include recommended

changes.

Revise City website to include an Aviation site

under "Local Government" departments. Post

Fee/Rate, Minimum Standards, Airport Rules

and Regulations

Install airport with arrow sign at Rawhide and

Bar K

Pursue south RPZ land

acquisition

2019

Execute new TTF Agreement by 3/1/2019

(Current Agreement expires last day of Feb,

2019)

Develop standard hangar lease agreement

for future hangars

2020 Consider providing loaner car for transportation for

visitors

Pursue Property

Acquisition for East and West development phase 2 areas and consider ANY lots that advertise for

sale with direct access

to airport.

2021 Consider hiring very part

time airport superintendent ($10k/yr)

2022

2023

2024

2025

Increase Airport Superintendent

responsibilities and salary (to $20k/yr)

2026

Airport Action Plan


General Airport Management Recommendations

Distribute and continually reinforce the airport organizational chart and who the primary airport owner point of contact is. All airport management issues, meetings, etc. should include the primary point of contact, currently the Director of Development Services, David Harrell.

Treat and think of the Airport as a business, almost separate from the City. This is important as the City makes strides to make the airport self-sustaining. All airport specific expenses, revenue, capital improvement costs should be accounted for independently.

For airport construction projects, the City may want to consider instructing contractors hauling materials to use Bison for airport access to prevent material spillage (this occurred during the 2016 CIP project).

The existing AWOS has wind sensors sensitive to development. Future development considerations should include provisions to prevent obstructions to the wind sensor. An exhibit has been included in the Appendices to assist in preventing obstructions to the wind sensor.

Keep in mind construction around the airport may be required to fill out an FAA 7460 form for an airspace determination. Guidelines on the clarify when the form is required.

The TxDOT Routine Airport Maintenance Program (RAMP) is a great program which funds a wide range of maintenance and capital improvements. TxDOT funds RAMP projects at 50% up to $50,000 ($100,000 total project cost). AWOS maintenance, pavement repairs, NAVAID and runway lighting and signage maintenance and repairs, as well as many other items are eligible under this program. City labor is not reimbursed, but materials and invoices from contractors including contractor labor is eligible. The City should coordinate with TxDOT RAMP coordinator to make sure it is taking advantage of this great program.

Annual collaboration with TxDOT RAMP coordinator and Planner assigned to the airport is the minimum recommended frequency. Even if there is not a project planned in the current or following year, it will be important to have a 5 year CIP updated annually so both the City and TxDOT can plan accordingly.

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90

2.3.2 10 YEAR CAPITAL IMPROVEMENT PROGRAM (CIP)

Development Plan Legend No.

Priority Project Description Total Cost City of Lago

Vista

TxDOT Aviation

(FAA/State) Remarks

10 Year CIP

11 1 Southwest City Grassed Tie-Downs $40,000 $20,000 $20,000 Use for 5 long term tiedowns @ $400 per tiedown per year ($2000 annual revenue)

2 Property Acquisition for East Side Development (PHASE I)

$740,000 $74,000 $666,000 Property reimbursement through TxDOT may be retroactive.

3 North RPZ Land Donation $10,000 $1,000 $9,000 Possible Land Donation Real Estate Fees

4 Property Acquisition for West Side Development (PHASE I)

$1,410,000 $141,000 $1,269,000 Property reimbursement through TxDOT may be retroactive.

2,5 5

DESIGN East Side Hangar Development Phase 1 and Helicopter Parking

$345,000 $34,500 $310,500 Potential to increase revenue through hangar rent (8 units @ $300 per month per unit = $28,800 per year)

CONSTRUCTION $2,613,667 $261,367 $2,352,300 6 RPZ South Acquisition $148,000 $14,800 $133,200

5 Year TxDOT Land Credit -$87,480 From North RPZ Land Donation

1st 5 Year CIP Subtotal (2017-2021) $5,306,667 $459,187 $4,760,000 7 Pavement Maintenance and Rehab $100,000 $50,000 $50,000 Use RAMP for base failure repairs

1,4,7 8

DESIGN West Tie-Down Apron Phase 1, Connector Taxiway and Relocated Holdline, and City Box Hangar

$295,000 $29,500 $265,500 Potential revenue increase for tie-downs

($2,000 per year for 6 additional tiedowns) and single hangar lease ($4,800 per year)

CONSTRUCTION $1,875,625 $187,563 $1,688,063

9 9 Portable Style Terminal Building $100,000 $50,000 $50,000 Small terminal building option done with

TxDOT RAMP program

3 10 Fuel Farm $500,000 $125,000 $375,000 Approximately 60,000 gallons annually could produce $27,000 annual income if fuel markup is $0.45 per gallon.

2nd 5 Year CIP Subtotal (2022-2026) $2,870,625 $442,063 $2,428,563

Total 10 Year CIP (2017-2026) $8,177,292 $901,249 $7,188,563

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91

2.3.3 LONG RANGE CAPITAL IMPROVEMENT PROGRAM (2026 AND BEYOND)

Development Plan Legend

No. Priority Project Description Total Cost

City of Lago Vista

TxDOT Aviation

(FAA/State) Remarks

Long Range Plane CIP (2026 and Beyond)

8 TBD Runway Extension, Widening, Lighting and Tie-Down Apron

$3,003,000 $300,300 $2,702,700 Coordination with TxDOT, USFW, and Penn property would be required.

9 TBD Terminal Building Alternate (Substantial Terminal Building)

$534,000 $267,000 $267,000

The estimated cost shown here is for a more substantial, traditional GA terminal building, instead of or to replace the portable style terminal building in the 10 year plan

6 TBD Parking Fencing and Gates $340,000 $170,000 $170,000 May be done with RAMP funds, phased.

10 TBD Perimeter Road $190,000 $95,000 $95,000 May be done through RAMP funds, phased.

TBD Property Acquisition for West Side Development (PH II)


TBD Property Acquisition for East Side Development (PH II)


14 TBD East Side Parallel Taxiway $1,283,000 $128,300 $1,154,700 Contingent on easement expansion or acquisition from USFW

TBD Existing Runway and Taxiway Pavement Extensive Rehab

$2,000,000 $200,000 $1,800,000 Rehab or reconstruction of existing pavements

$1,154,700 Contingent on easement expansion or acquisition from USFW

Long Range Plane CIP Subtotal (2026 and Beyond) $6,681,000 $1,093,700 $5,587,300

Airport Action Plan


2.3.4 POTENTIAL IMPLEMENTATION IMPACT

The following is a summary of the impact the implementation of the recommendations could have to

the City and the airport over a 10 year period. These are based on assumptions and estimates using the

best available information.

Airport Financial Projections if recommendations are

implemented

1st 5 Year CIP 2nd 5 Year CIP 2027

2017 2021 2022 2026

Revenue (R)

Fuel Revenue $7,200.00 $7,950.00 $8,780.00 $32,920.00 $33,578.40

Hangar Leases $0.00 $28,800.00 $28,800.00 $33,600.00 $33,600.00

Tie-down Fees $6,400.00 $6,400.00 $6,400.00 $8,820.00 $8,820.00

RAAPOA $20,000.00 $29,600.00 $29,600.00 $31,080.00 $31,080.00

TxDOT RAMP Grant $3,500.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00

Others $0.00 $0.00 $0.00 $0.00 $0.00

Total Revenue ( R ) $37,100.00 $77,750.00 $78,580.00 $112,420.00 $113,078.40

Operational and Maintenance Expenses (OM)

Personnel $1,891.00 $15,000.00 $17,400.00 $30,000.00 $30,900.00

Operations, Maintenance, and Repairs (Includes RAMP costs)

$10,539.00 $14,950.00 $16,510.00 $20,440.00 $20,848.80

Electricity $3,804.00 $4,200.00 $4,600.00 $5,100.00 $5,200.00

Supplies $100.00 $100.00 $500.00 $500.00 $500.00

Services $3,000.00 $3,000.00 $4,000.00 $5,000.00 $5,000.00

Total Operational and Maintenance (OM)

$19,334.00 $37,250.00 $43,010.00 $61,040.00 $62,448.80

Total Income (= R - OM) $17,766.00 $40,500.00 $35,570.00 $51,380.00 $50,629.60

5 Year Total Income (5TI) (5TI= Average 5 yr x 5)

$145,670.00 $217,380.00

Capital Improvement Costs (CIP), Direct Costs to City Only TxDOT CIP Projects (5 Year Totals)

$459,187.00 $442,063.00

Non-TxDOT, City Only CIP Projects (5 Year Totals)

$20,000.00

Total Capital Improvement Costs (CIP)

$479,187.00 $442,063.00

Airport Net Cash Flow (= 5TI - CIP)

($333,517.00) ($224,683.00)

Airport Action Plan


Appendix 1: Action Plan Exhibits Exhibit 1 Airport Proposed Property Plan

Exhibit 2 Lago Vista Airport Environ Zoning

Exhibit 3 Proposed Airport Development Plan

Exhibit 4 Lago Vista Airspace


AIRPORT ACTION PLAN



Feet

0 500 1000

SUGGESTED EASEMENT

(FOR OBSTRUCTION

REMOVAL AND

PREVENTION)

120.0' RSA250.0' ROFA/ROFZ

EAST SIDE HANGAR


ACQUISITION PHASE 1

(5.62 ACRES)

PROPERTY ACQUISITION

FOR EXISTING AND

ULTIMATE RPZ, FUTURE

TIE-DOWN APRON AND

ASSOCIATED OBJECT FREE

AREA (15.9 ACRES)

LIMITS MAY ADJUST DURING

NEGOTIATION PROCESS

WEST SIDE TIE-DOWN

APRON DEVELOPMENT

ACQUISITION PHASE 1

(1.90 ACRES)

PROPERTY

ACQUISITION

FOR EXISTING

AND ULTIMATE

RPZ (6.7 ACRES)

LEGEND



EXISTING AIRPORT PROPERTY

PROPERTY TO ACQUIRE FOR FUTURE DEVELOPMENT

EXISTING EASEMENT

PROPERTY TO ACQUIRE AIRSPACE EASEMENT




RUNWAY SAFETY AREA

OBJECT FREE AREA

PROPOSED RUNWAY

EXTENSION (800 FT) WITH

OPTIONAL EAST OR WEST

PARALLEL TAXIWAY

300.0' EXTG RW EASEMENT

TRIANGLE AREA*

(16.7 ACRES)

PENN

PROPERTY

USFW

PROPERTY

AIRPORT PROPOSED PROPERTY PLAN

EXHIBIT 1

* TRIANGLE AREA NOTE: THIS AREA HAS BEEN IDENTIFIED AS

DESIRABLE FOR THE CITY TO OWN. THIS AREA IS OWNED BY US

FISH AND WILDLIFE AND INITIAL CONVERSATIONS INDICATE THAT

ACQUISITION MAY BE VERY UNLIKELY. CITY TO INITIATE CONVERSATIONS

WITH US FISH AND WILDLIFE TO DETERMINE VIABILITY OF DEVELOPING THIS

AREA EITHER THROUGH EXPANSION OF EXISTING RUNWAY EASEMENT OR

ACQUISITION THROUGH A LAND SWAP.

EAST SIDE HANGAR


ACQUISITION PHASE 2

(4.41 ACRES)

WEST SIDE TIE-DOWN

APRON DEVELOPMENT

ACQUISITION PHASE 2

(1.36 ACRES)

194.5'

PENN

PROPERTY

USFW

PROPERTY

PENN

PROPERTY

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OFA

Airport Action Plan


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Z

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Z

RP

Z


Feet

0 400 800

ULTIMATE RPZ

(250' X 450' X 1000')

ZONING LEGEND

CITY LIMITS

ZONE C4: COMMERCIAL, AIRPORT

ZONE RR-A: RESTRICTED SINGLE FAMILY WITH AIRCRAFT

ZONE R-1A: SINGLE FAMILY RES. (MINIMUM 1200 SF LIVING)

ZONE R-1B: SINGLE FAMILY RES. (MINIMUM 1500 SF LIVING)

ZONE U-1: GOVT., EDU., IND, UTILITY, AND INSTITUTIONAL

PROPOSED FUTURE AIRPORT COMPATIBLE USE (AS IDENTIFIED IN

COMPREHENSIVE PLAN)

PROPOSED FUTURE AIRPORT USE (CITY OWNED)



EXISTING RPZ

(250' X 450' X 1000')


(250' X 450' X 1000')


TAXIWAY B (OFA 89')


AIRPORT ACTION PLAN


LAGO VISTA AIRPORT ZONING

EXHIBIT 2



2

2

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1 1 1

1 1 1 1 1 1 1 1 1

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2

22

2 2 2 2 22 2 22

2 2 2 2 2 2 2 2

2

1

2

2 2

1

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1

1

1

1

1

1

1

1

11

1

1

11

1

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A

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H

ID

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IL

RANGER TRAIL

ROLLING HILLS TRAIL

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1 11

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Feet

0 500 1000

ULTIMATE RPZ

(250' X 450' X 1000')

150' STNDRD RW/TW SEPARATION125' STNDRD

LEGEND



EXISTING EASEMENT

AIRSPACE EASEMENT TO ACQUIRE




RUNWAY SAFETY AREA

OBJECT FREE AREA

FUTURE FENCING

HOLD POSITION MARKING (HOLDLINE)

EXISTING TAXI SETBACK/EASEMENT

FUTURE DEVELOPMENT AREA BY RODGERS PENN

INVESTMENTS (RPI), POSSIBLE RESORT

DEVELOPMENT WITH AIRSIDE ACCESS. IF PROPERTY

ACQUISITION AS SHOWN COMES TO FRUITION, THIS

PROPERTY WOULD ONLY BE RESTRICTED BY HEIGHT

HAZARD ZONING

1

DEVELOPMENT LEGEND

WEST SIDE TIE-DOWN APRON (PHASE I & 2)

EAST SIDE HANGAR DEVELOPMENT (PHASE I & 2)

FUEL FARM (AVGAS AND JET A)

CONNECTOR TAXIWAY AND RELOCATE WEST SIDE HOLD LINE

HELICOPTER PARKING AREA

GROUND TRANSPORTATION PARKING, FENCING AND GATES

CITY BOX HANGAR

RUNWAY EXTENSION, WIDENING, AND LIGHTING AND TIEDOWN APRON

TERMINAL BUILDING

PERIMETER ROAD

CITY SPONSORED GRASS TIE-DOWN AREA

OBSTRUCTION EVALUATION AND REMOVAL

NEW WINDCONE LOCATION

PARALLEL TAXIWAY EXTENSION (EAST OR WEST TBD)

PHASE 2

PHASE 2

2

1

2

3

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OFF-AIRPORT LIGHT INDUSTRIAL

OFF-AIRPORT LIGHT INDUSTRIAL

250' 500'

800'

EXISTING RPZ

(250' X 450' X 1000')


(250' X 450' X 1000')

120' RUNWAY 15-33 (3808' X 50' EXISTING, 4208' X 60' ULTIMATE)

TAXIWAY B (OFA 89')

TAXIWAY A

79' TAXILANE OFA

79' TAXILANE OFA

13

13

1000'

FUTURE MINOR ARTERIAL

(FROM FIGURE 29 OF CITY

COMPREHENSIVE PLAN)


AIRPORT ACTION PLAN


AIRPORT DEVELOPMENT PLAN

EXHIBIT 3

B

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RANGER TRAIL

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E

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T

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A

I

L

2

PHASE 1

1

PLACE TEMPORARY

BARRICADE, ACCESS

SHOULD BE THROUGH

MAIN ENTRANCE

150'

14

14

14

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PART 77 AIRSPACE

HEIGHT ABOVE GROUND SURFACE LEGEND

RANGE

NUMBER

1

2

3

4

RANGE

COLOR

MINIMUM

(FT)

-5

0

15

30

MAXIMUM

(FT)

0

15

30

100


Feet

0 500 1000

LEGEND

CITY LIMITS

ULTIMATE PART 77 IMAGINARY AIRSPACE SURFACE

BOUNDARIES. SEE ACTION PLAN FOR SURFACE DESCRIPTIONS.

PART 77 IMAGINARY AIRSPACE SURFACE ELEVATION (FT ASL)

RUNWAY PROTECTION ZONE (RPZ)

1000



AIRPORT ACTION PLAN


LAGO VISTA AIRSPACE

EXHIBIT 4


CITY OF LAGO VISTA

APPROACH

SURFACE

APPROACH

SURFACE

TRANSITIONAL

SURFACE

TRANSITIONAL

SURFACE

HORIZONTAL

SURFACE

HORIZONTAL SURFACE

PRIMARY

SURFACE

EXISTING

RUNWAY

PROTECTION

ZONE (RPZ)

ULTIMATE

RUNWAY

PROTECTION

ZONE (RPZ)

TRAVIS COUNTY

NOTE: WHILE SOME OF THE EXISTING AND

FUTURE (ULTIMATE) AIRPORT IS IN TRAVIS

COUNTY AND NOT THE CITY LIMITS, POWER TO

REGULATE AIRSPACE THROUGH A HEIGHT

HAZARD ZONING ORDINANCE HAS BEEN

GRANTED TO THE CITY OF LAGO VISTA BY

TRAVIS COUNTY AND JONESTOWN THROUGH

A JOINT ADVISORY BOARD THAT WAS FORMED

TO CREATE THE HEIGHT HAZARD ZONING

ORDINANCE.

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Airport Action Plan


Airport Action Plan


Appendix 2: TxDOT/FAA Reference Documents

TxDOT Model Rules and Regulations

TxDOT Model Minimum Standards (FBO)

TxDOT Model Lease Agreement

FAA Form 7460

TxDOT RAMP Program Information

Guide to TTF Rate Setting Methodology

Airport Action Plan


TxDOT Model Rules and Regulations

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Model Airport Rules and Regulations

9/24/2014 – supersedes all previous

Airport sponsors must allow use of the airport by all types, kinds, and classes of aeronautical activity as well as by the general public. Airport rules and regulations provide a means to control operations at a public airport to protect both aeronautical activities and public safety.

The airport sponsor may impose reasonable rules and regulations which restrict use of or access to the airport, in the interest of safety indicated by local conditions unique to an airport.

If the airport rules are intended for use at a City owned airport, the City Council should adopt the rules as a City Ordinance; if the rules are for a County owned airport, the Commissioners Court should adopt the rules as a County Order.

This model ordinance/order is provided by TxDOT Aviation Division as a guide for establishing operating procedures, rules, and regulations at general aviation airports. The model document is a compilation of industry standards, and all sections are not applicable to every airport. The Model Rules and Regulations are provided by TxDOT Aviation Division as a template for individual airport development, and are not intended or required to be adopted exactly as written.

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_________________ Airport Ordinance/Order

No. _________________________________

Rules and Regulations

An ordinance/order providing rules and regulations for the efficient and safe operation of the __________________________ Municipal / County Airport (hereinafter referred to as the “Airport”); and to provide the greatest service for the citizens of __________________ and the aviation public, is adopted by the City Council / Commissioners Court, providing enforcement by _____________________________ or the Airport Manager, and providing penalties for violations; all as authorized by the Texas Transportation Code Chapter 22 “County and Municipal Airports”.

The definition of "Airport", "aircraft", "airplane", and other common terms used herein is as defined in Part 1, Code of Federal Regulations, Title 14, Aeronautics and Space. Ultralight refers to aircraft that fall within the description given in FAR Part 103. "Airport" with a capital refers to the specific airport for which these rules are adopted. “TxDOT” herein refers to the Texas Department of Transportation, Aviation Division.

Section 1. Use of Airport Restricted

No person, partnership, firm, association, corporation or entity, incorporated or otherwise, shall use the Airport for any commercial activity, unless approved by a written permit from the City Council / Commissioners Court or its duly authorized agent.

Section 2. General Rules and Regulations

The following rules and regulations shall be observed in the use and operation of the Airport:

Rule 2-1. Federal Air Traffic Rules of the Federal Aviation Administration (FAA) for aircraft operated within the United States, and presently or hereafter effective, are hereby referred to, adopted, and made a part hereof as though fully set forth and incorporated herein.

Rule 2-2. Safeguard of Persons and Property – The Airport Manager shall at all times have authority to take necessary and legal actions to safeguard any person, aircraft, equipment, or property at the Airport.

Rule 2-3. Through-the-Fence Operations – No private individual, partnership, FBO, company, or corporation shall be permitted direct ground access to the Airport by their aircraft, customers’ aircraft, or private vehicle from property adjacent to or in the immediate vicinity of the Airport without prior coordination with TxDOT. Furthermore, no private individual, partnership, company, corporate, or customers’ aircraft or vehicle shall be permitted direct ground access to property from the Airport – a practice commonly known as a “through-the-fence operation” without prior coordination with TxDOT.

Rule 2-4. Lien for Charges – To enforce the payment of any charge for repairs, improvements, storage, or care of any personal property by the City / County or its agents in connection with the operation of the Airport, the City / County may place a lien upon such personal property, which shall be enforceable as provided by law.

7/28/2016 Page 3 of 15

Rule 2-5. Lien Possessory Right- To enforce the payment of any such charge, the Airport Manager may retain possession of such personal property until all reasonable, customary, and usual compensation has been paid in full.

Rule 2-6. Unauthorized Signs and Equipment – No signs, non-aeronautical equipment, portable buildings, or trailers may be erected, moved-in, or installed on Airport property, except as may be specifically authorized by the Airport Manager.

Rule 2-7. Surreptitious Activities – Any person observing suspicious, unauthorized or criminal activities should report such activities immediately to the Airport Manager, local police, officers of the Texas Department of Public Safety, and the Transportation Security Administration General Aviation Information Hotline at 1-866-GA SECUR(E) or 1-866-427-3287.

Rule 2-8. Wrecked Aircraft – Every aircraft owner, his/her pilot or agents, shall be responsible for notifying FAA and promptly removing disabled or wrecked aircraft from the operational areas of the Airport, under the direction of the Airport Manager.

Rule 2-9. Repairs to Aircraft – No aircraft shall be repaired on any part of the landing or takeoff area. All outside repairs shall be made only at places designated by the Airport Manager for such purpose. Major engine, airframe, or avionics repairs shall be conducted by a properly licensed mechanic or other person authorized by the FAA within a hangar or building rented, leased, or owned for such commercial purposes. Any preventative maintenance authorized by FAR Part 43 may be made by the owner or operator of any aircraft, but only within a hangar leased or owned by that aircraft owner or operator or at places designated by the Airport Manager for such purpose.

Rule 2-10. Damage to Airport – Any person, individual, or corporation or the owner of any aircraft causing damage of any kind to the Airport, whether through violation of any of these rules, through vandalism, or any act of negligence, shall be liable therefore in and to the City / County.

Rule 2-11. Injury to Person – Persons entering the Airport groundside property by automobile, other vehicular conveyance, or on foot (does not include persons in aircraft using approved airside facilities) do so at their own risk and with no liability incurring to the City / County for any injury or damage to person or property. Further, any person desiring to use the Airport shall observe and obey all laws, resolutions, orders, rules, and regulations promulgated and enforced by the City / County or by any other Authority having jurisdiction over the operation of the Airport.

Rule 2-12. Licensed Pilots – Only aircraft with current and correct FAA Certificates of Registration and Airworthiness and persons holding valid and current airman and medical certificates issued by the FAA, for those flight operations requiring medical certificates, shall be authorized to operate aircraft upon the Airport except as provided in this ordinance / order. Ultralights operating under FAR part 103 do not require aircraft registration, pilot certificates, or medical certificates. This limitation shall also not apply to students-in-training under licensed instructors or to public aircraft of the Federal government or of a State, Territory, or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Use of the Airport by ultralight aircraft and light sport aircraft in the weight shift control and powered parachute class shall be subject to approval by the City Council / Commissioners Court and shall be in accordance with FAA Order 5190.6 (latest change) and appropriate FARs Part 61 and 103 and any other rules established by the City / County.

7/28/2016 Page 4 of 15

Rule 2-13. Registration – Each person owning an aircraft based at the Airport, or any person based and receiving flight instruction toward an FAA rating at the Airport shall register at the office of the Airport Manager their name, address, telephone number, aircraft model, aircraft registration “N” number, or make and model of aircraft for those aircraft not requiring registration (ultralight), and the name, address, and telephone number of their next of kin or person to be notified in case of an accident or emergency.

Rule 2-14. Animals - No person shall enter the Airport with a dog, cat, or other animal unless the animal is, and remains, restrained by a leash or properly confined as determined by the Airport Manager.

Rule 2-15. Living Quarters - No person may make permanent living quarters on Airport. Exceptions to this rule for cause, such as alert crew members or security personnel, will be coordinated with TxDOT.

Rule 2-16. Intoxicants and Narcotics Prohibited – No person under the influence of any intoxicant, narcotic, or other illicit drug shall operate or fly in any aircraft to or from the Airport. Such prohibition shall not apply to a passenger under the care of a medical doctor and accompanied by a doctor, nurse, or caretaker.

Rule 2-17. Foreign Objects – No foreign objects, including bottles, cans, scrap, nuts, bolts, nails, or any object that may cause damage to an aircraft, shall be left upon the floor of any building or upon any part of the surface area of the Airport. Individuals are encouraged to pick up such foreign objects when observed and place them in a trash receptacle.

Rule 2-18. Litter - No boxes, crates, cans, bottles, paper, tall grass, weeds, unusable airplane parts or wreckage, scrap wood or metal, discarded airplane or automobile tires, trash, or other litter shall be permitted to accumulate in or about a hangar, building, or other leased space. If such trash and litter is permitted to accumulate around a privately owned, rented, or leased hangar / building, the Airport Manager shall notify the hangar / building owner, renter or lessee by registered letter to remove the offending litter. If within ten (10) work days after receipt of the letter the hangar/building owner, renter, or lessee has not removed the trash and litter as directed, the Airport Manager may have the area cleaned and the cost for such cleaning shall be charged to the hangar/building owner, renter, or lessee.

Section 3. Ground Operations

Rule 3-1. Air, Ground & Vehicular Traffic – No person shall operate a vehicle on the Airport except in accordance with the following rules, and all federal, state, and local law:

A. All vehicles shall yield right of way to aircraft in motion and emergency vehicles.

B. No vehicle except ground service and emergency vehicles shall approach so close to any aircraft with running engine(s) as to create a hazard.

C. All vehicles entering or exiting an operating Airport access gate shall wait for the gate to completely close behind them before proceeding to their destination so as to not allow the entry of any other vehicle.

D. Any vehicle authorized to operate on the Airport runways or taxiways shall display a rotating or steady beacon that complies with FAA Advisory Circular 150/5210 (latest change).

7/28/2016 Page 5 of 15

E. All vehicles that are authorized to operate on taxiways or the runways must be equipped with a two-way aviation radio, and must receive a clearance from, and remain in continuous communications with, the Airport Traffic Control Tower (ATCT) when the ATCT is operating. When the ATCT is not operating, or at airports that do not have an ATCT, any vehicle authorized to access the taxiways or runways is required to monitor the published Common Traffic Advisory Frequency (CTAF) for the Airport, and have the ability to communicate with aircraft via a two-way aviation radio.

Rule 3-2. Speed Limits - All vehicles shall be operated within the posted speed limits at the Airport. The maximum speed limit for all vehicles in the airside area, with the exception of authorized municipal vehicles in the performance their official duties, is fifteen (15) miles per hour, unless posted otherwise.

Section 4. Airport Security

Rule 4-1. Security - The Transportation Security Administration publication “Security Guidelines for General Aviation Airports”, Information Publication A-001 dated May 2004 or most recent version, is available for reference at their website - www.tsa.gov/.

This document is used by the Airport as a guideline to security on the Airport and is incorporated as a working document.

Rule 4-2. Access Codes/Devices - Persons who have been provided either a code or device for the purpose of obtaining access to the Airport shall not divulge, duplicate, or otherwise distribute the same to any other person, unless otherwise approved in writing by the Airport Manager

Section 5. Aircraft Operation Rules

Rule 5-1. Aircraft Tie Downs

A. All aircraft not hangared shall be tied down and additionally should have the wheels chocked when remaining overnight and during inclement weather.

B. All aircraft owners or their agents are responsible for the tie down or security of their aircraft at all times and particularly during inclement weather.

C. Aircraft parked overnight on the transient apron shall pay a tie down fee of ________ for each night, except that such fee may be waived upon purchase of fuel or services.

Rule 5-2. Running Aircraft Engines

A. Aircraft not equipped with adequate brakes shall not be started until the wheels have been set with chocks attached to ropes or other suitable means of removing them.

B. No aircraft will be left running without a qualified person at the controls.

C. No aircraft engine shall be started or run inside any building or hangar.

D. No engine shall be started, run up, or warmed up until and unless the aircraft is in such position that the propeller stream or jet blast will clear all buildings, other aircraft, and groups of people.

7/28/2016 Page 6 of 15

Rule 5-3. Damage to Airport Lighting – Any person damaging any runway, ramp, or taxiway light or fixture by operation of aircraft or otherwise, shall immediately report such damage to the Airport Manager. Persons causing damage to runway and taxiway lights as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s) and/or fixture(s) and may be charged with a misdemeanor as provided in Section 10 of this order.

Rule 5-4. Taxiing Aircraft

A. No person shall taxi an aircraft until it is reasonably ascertained there will be no danger of collision with any person or object in the immediate area.

B. Aircraft will be taxied at a safe and prudent speed and in such manner as to be under the control of the pilot in command at all times.

C. Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant (wing-walker) is at a wing of the aircraft to assist the pilot.

D. Aircraft shall not taxi onto the runway from the ramp and taxiway area if there is an aircraft approaching to land or on the ground in takeoff position. Aircraft waiting on the taxiway for another aircraft to take off or land will remain behind the runway holding position markings.

E. Aircraft shall not be taxied by engine power into or out of any hangar.

F. ATCT Airports – Taxi operations in the movement area will be as directed by the ATCT, when the Tower is operating. When the ATCT is not operating, and for taxiing operations in other than the movement area, these operations shall be as stated in rule 5-4, A to E.

Rule 5-5. Parking Aircraft

A. Unoccupied aircraft shall not be parked or tied down within any protected area (object free area, runway safety area, etc.) as described in FAA AC 150/5300-13 (latest change) and all aircraft not hangared shall be parked in the areas designated by the Airport Manager for that purpose.

B Aircraft shall not be parked within fifty (50) feet of an aircraft fuel pump or fuel service truck parking area.

C. Aircraft shall not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the Airport Manager as an emergency measure.

D. It is the responsibility of the pilot in command when leaving a parked aircraft unattended to see that the brakes are set and / or it is properly chocked and / or tied down.

Rule 5-6. Wash Racks - Wash racks shall be used for purposes of washing and polishing aircraft, and any other purpose approved by the Airport Manager. Washing / cleaning materials and run-off shall be used and disposed of in compliance with all applicable federal, state, county and local laws and regulations.

Rule 5-7. Loading and Unloading Aircraft – Loading or unloading aircraft with the engine running is prohibited. Exception will be approved by the Airport Manager.

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Rule 5-8. Authority to Suspend Operations – The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety.

Rule 5-9. Emergency Locator Transmitter (ELT) - At a safe and appropriate time after takeoff and after landing prior to engine shutdown, pilots should tune their aircraft radios to the emergency frequency (121.5 or 243.0) and listen to determine if their, or any, aircraft ELT is transmitting. If your ELT is transmitting after takeoff or landing, turn off the ELT and advise the FAA Automated Flight Service Station for the area via radio or telephone (800-WX-BRIEF or 800-992-7433) that your ELT was accidentally turned on. Provide the time and location of activation, if known, and the time and location of deactivation. 406 Mhz ELTs should be checked for normal operation as part of the preflight / post flight checks.

Rule 5-10. Standard Traffic Pattern and Altitude, Non Towered Airports – All flight activity will adhere to FAA Advisory Circular 90-66 (latest change) “Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports without Operating Control Towers"; also depicted in the Aeronautical Information Manual. Recommended traffic pattern altitudes are 1000 feet Above Ground Level (AGL) for piston powered airplanes and 1500 feet AGL for turbine powered airplanes. Helicopters will operate as to not obstruct the normal traffic pattern. The use of standard traffic patterns does not alter the responsibility of each pilot to see and avoid other aircraft.

Rule 5-11. Clearing Public Right of Ways – No aircraft shall takeoff or land in such manner as to clear any public street or highway at an altitude of less than fifteen (15) feet, or seventeen (17) feet over an interstate highway, twenty-three (23) feet over a railroad, or twenty-seven (27) feet over a coastal water way, or the clearance height of the tallest bridge over the waterway, nor land or take off on the taxiway or over hangars or other structures, automobile parking areas, or groups of spectators. (Ref: FAR 77).

Rule 5-12. Takeoffs on Other Than Runways – Takeoffs or landings shall not be made on the apron, parking ramp, taxiway, or any area other than designated runways by airplanes, gyroplanes, powered lift, balloons, airships, ultralights, or light sport aircraft except by prearranged permission from the Airport Manager. Helicopters may operate to and from designated helicopter landing areas.

Rule 5-13. Takeoffs

A. Takeoffs Allowed, Non Towered Airports – Low approach, full stop, touch and go, or stop and go landings may be made at the discretion of the pilot in command. Pilots remaining in the traffic pattern making landings should broadcast on the CTAF their pattern direction of turn and their landing (low approach, full stop, touch and go, stop and go) intentions at least by the final segment leg. All aircraft departing shall clear the traffic pattern for traffic before taxiing into takeoff position. See FAR 91.113 (g).

B. Tower Controlled Airports - When the tower is operating, the tower controller will direct traffic. When the tower is not operating, the guidelines of Rule 5-13 A. will be used. The Tower movement areas and other than movement areas are depicted in diagram ___________.

Rule 5-14. Preferred Runway, Non Towered Airport or Towered Airports, Tower Not Operating - If the winds are calm or at a ninety (90) degree crosswind to Runway ______, the preferred take off and landing runway is ______.

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Rule 5-15. Student Training, Local Operations

A. Flight instructors shall avail themselves and their students of all rules and regulations, including local rules and FARs in effect at the Airport.

B. The Airport Manager may designate and advise airport users via public posting and electronic transmission of limited areas of the Airport and local areas sanctioned by the FAA for practice flying and student training.

Rule 5-16. Agricultural Spraying Operations – Agricultural (Ag) spraying operations will be conducted in accordance with procedures approved by the Airport Manager and made known to all persons conducting agricultural spraying operations. Ag operations shall be accomplished in accordance with the standards of the Environmental Protection Agency and the Texas Commission on Environmental Quality in an area so designated by the Airport Manager. Each Ag operator shall carry liability insurance in the amount of _____________dollars, payable to the City/County for the cleanup of any hazardous chemical spills on Airport property caused by the Ag operator.

Rule 5-17. Special Procedures, Parachuting

A. The Airport Manager may, in the interest of safety, designate special traffic procedures for certain operations, such as helicopters, air shows or aviation fly-ins, agricultural operations, gyroplanes, powered lift, gliders, balloons, airships, ultralights, and light sport aircraft in the weight shift control or powered parachute class. Any such change from standard procedures shall be published in the FAA’s Airport / Facility Directory if of a permanent nature or the Airport Manager shall issue a NOTAM if such change is if a temporary nature. Permanent changes require filing through TxDOT Aviation Division to the FAA. Temporary closing of a portion of the airport for special events will be approved by the FAA, through TxDOT Aviation Division. See FAA Order 5190.6 (latest change).

B. Parachute descent onto the Airport property shall not be permitted without the recommendations of the City / County / Airport Advisory Board and the written approval of the City Council / Commissioners Court. The Airport Manager may develop operating procedures and designated landing areas for parachute operations.

Rule 5-18. Model Aircraft – Model aircraft not capable of carrying a person shall not be permitted to operate, take off or be launched from, flown over or land at the Airport. Model A/C operations for specific aeronautical events such as fly-ins or air shows may be approved for specific times by the City Council / Commissioners Court

Section 6. Fueling, Flammable Fluids, and Fire Safety

Rule 6-1. Fueling Aircraft

A. All aircraft fueling, fuel equipment, and procedures will be in accordance with Manual 407 – “Standard for Aircraft Fuel Servicing, 2012 edition,” (or as revised) published by the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169-7471, 800-344-3555, http://catalog.nfpa.org

B. All transportation, storage and other handling of aircraft and vehicle fuel shall comply with the International Fire Code, 2012 Edition, (or current edition) as published by the International Code Council, Inc. and FAA Advisory Circular 150/5230-4, (latest change).

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C. All aircraft shall be fueled clear of all hangars, other buildings, and aircraft by at least fifty (50) feet.

D. Fueling trucks shall not be parked within any building or hangar or within ____ feet of any building, hangar, or parked aircraft, as determined by the local Fire Marshall. Fuel trucks shall be parked with at least ten (10) feet separation between vehicles.

E. Aircraft fuel storage tanks for below-ground or above-ground use will be constructed and installed, registered as required, monitored for leakage, operated, and maintained in accordance with Federal and State statutes, rules, and regulations promulgated by the Environmental Protection Agency and the Texas Commission on Environmental Quality.

F. Aviation or auto fuels shall not be stored within a hangar or building except in approved five (5) gallon or smaller containers manufactured and marked for such purpose and only with the approval of the local Fire Marshal.

G. Persons or businesses wishing to dispense fuel into their privately owned aircraft shall not be denied; however, they must meet all reasonable requirements the City / County places on other fuel suppliers, public or private. Private fueling facilities located on leased or private property must be installed and the fuel dispensed in accordance with all rules applicable to aircraft fueling and fire safety contained herein.

H. Public sale of automobile gasoline for use in aircraft will not be permitted on the Airport without written approval of the Airport Manager. Aircraft authorized by the FAA to use auto gasoline may be privately fueled by the owner in a location designated by the Airport Manager in accordance with all rules appertaining to aircraft fueling and fire safety contained herein.

I. All aviation fuel storage tanks, aviation fuel pumps, hydrant fuel services, and aircraft fuel service vehicles, whether publicly or privately owned, shall have the type of aviation fuel dispensed printed in large block letters, including octane if aviation gasoline, plus the fuel I.D. number, and “NO SMOKING” signs. This information shall be printed on all sides of the fueling tanks, pumps, etc. so the information is visible from any direction on the ground.

J. Fuel spills in excess of one gallon must be reported to the Airport Manager and immediate action taken by the spilling entity to clean up the spill in accordance with all local, state, and federal regulations

Rule 6-2. Fuel Flowage Fee - Any person, corporation, partnership, association, or business entity of any kind, or any person acting for or through them, including, but not limited to, any wholesale fuel distribution company, who delivers fuel to an fuel storage tank or who delivers fuel obtained from a source not on the Airport directly into any aircraft on the Airport must pay the amount of $.___ per gallon of fuel delivered.

Payment to the City or County of all fuel flowage fees due must be made not later than the fifteenth (15th) day of the month following the date of the fuel delivery.

Payment of fuel flowage fees shall be accompanied by a report in a form approved by the Airport Manager that indicates the amount of fuel delivered to the airport during the preceding month.

Military aircraft conducting operations which require fueling from U.S. Government facilities are exempt from fuel flowage fees.

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Rule 6-3. Fire Safety

A. Every person using the Airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire.

B. Smoking or open flame within fifty (50) feet of any fuel tank, fuel pump, or fuel truck is prohibited.

C. Compressed flammable gas shall not be kept or stored upon the Airport, except at such place as may be designated by the Airport Manager.

D. No flammable substance shall be used for the cleaning of any aircraft part or anything inside a hangar, T-hangar, or other building upon the Airport.

E. No one shall smoke or ignite a match or lighter in any building, hangar, or public ramp area except in posted “Designated Smoking Areas” identified by the Airport Manager.

F. Hangar entrances must be clear in a manner such that emergency or fire / rescue personnel and equipment can immediately access the hangar without hindrance.

G. The floors in all buildings shall be kept clean and free of oil. Volatile or flammable substances shall not be used to clean floors, walls or any portion of a hangar structure.

H. All Airport tenants and lessees shall supply and maintain such adequate and readily accessible fire extinguishers as may be required by applicable fire codes and regulations. Each fire extinguisher shall carry a suitable tag showing the date of most recent inspection.

Section 7. Lease of Airport Property and Construction on Airport

Hangars and other buildings or structures owned by the City / County may be leased to private individuals, companies, or corporations on a monthly or yearly basis for the storage of aircraft and ancillary equipment or to conduct a commercial Fixed Base Operation (FBO).

The City / County may lease property within the building area or other portions of the Airport for the construction of hangars, buildings, lean-tos, aprons, taxiways, and auto parking lots in accordance with an approved Airport Master Plan/Airport Layout Plan and design guidelines. Aviation related use must be given priority in the use of all leased or privately owned property, buildings or structures. If the aviation needs of the Airport are sufficiently met, the City Council / County Commissioners Court may authorize non-aviation use of any portion of the Airport or any building on the Airport on a case-by-case basis. Application of such non-aviation use shall be made to the City Council / County Commissioners Court; and approval from TxDOT Aviation Division must be received prior to granting authorization for non-aviation use.

Rule 7-1. Lease Term –No lease of airport property or facilities shall be granted for a term exceeding (20) years, however the initial term of a lease of airport property or facility may exceed twenty (20) years but in no case more than forty (40) years if a loan or deed of trust lien is obtained expressly for construction of the facility which will become property of the City/County at the end of the lease term, free and clear of all liens and encumbrances. Non-aviation leases shall not exceed eighteen (18) months.

Rule 7-2. Construction on Leased Property

A. As given in FAR part 77, the sponsor or sponsor’s agent will file electronically with the FAA for any construction on or near the airport. See FAR part 77. File at

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http://oeaaa.faa.gov (or most current URL). A determination of no objection must be received from the FAA prior to any construction on the Airport. No hangar or structure may be erected beyond the building restriction line or in conflict with the approved Airport Layout or Development Plan.

B. All plans and specifications for construction, renovation, remodeling, or refurbishing of the leased premises shall meet all current Standard Fire and Building Codes published by the Southern Building Code Congress and the National Electrical Code, and shall provide for the construction to be from material satisfactory and acceptable to the City Council/Commissioners Court. All construction must be of a compatible standard capable of withstanding winds of _(a wind load rating applicable to airport location)__ mph, with doors open or closed.

C. The City Council / Commissioners Court’s written approval of the plans and specifications must be obtained prior to construction of the improvements.

D. Construction must begin within one hundred twenty (120) days after the effective date of the lease or final comment from TxDOT and the FAA for the filed air space study as required by FAR Part 77, whichever date is later. Construction must be substantially completed within one hundred eighty (180) days of start of construction. Projects anticipated to exceed 180 construction days require approval of the Airport Manager. The Improvements on the leased premises shall remain the tenant’s property until expiration or termination of the lease and its covenants or as otherwise agreed to in the contract between the City Council/Commissioners Court and the tenant.

E. Any privately owned structure or hangar not in use for aviation purposes for a period in excess of ninety (90) days or not available for lease or sublease for aviation purposes, unless so authorized for non-aviation uses by the City Council / Commissioners Court, must be removed after due notice to the owner in writing or the City Council / Commissioners Court will consider such structures or hangars abandoned and will seek title to such structure or hangar.

F. Leased land from which any building, hangar, or structure is removed, after due notice will be cleared, cleaned, and put back in its original or acceptable condition.

Rule 7-3. Assignment and Sub-letting -- Without the prior written consent of City Council / Commissioners Court, the leased premises or any rights there under (except to a leasehold mortgagee as herein provided) may not be assigned. Any assignment or subletting shall be expressly subject to all the terms and provisions of the original lease.

Rule 7-4. Flying Clubs - A Flying Club (“Club”) shall meet the following standards:

A. At the time of applying for a lease, license, permit or agreement to operate at the Airport, the Club shall furnish the Airport Manager with a copy of its documents of organization; the Club’s list of members, including names of officers and managers; evidence of required insurance; a description of all aircraft used; evidence that such aircraft are properly certificated; evidence of ownership of such aircraft; and any operating rules of the Club.

B. All aircraft used by the Club shall be owned by the Club or leased exclusively by written agreement to the Club, and all ownership or lease rights to such aircraft must be vested on a pro-rata basis in all of the Club’s members. The property rights of the Club members shall be equal, and no part of any revenues received by the Club shall inure to the direct benefit of any member (e.g., by salary or bonus). The Club

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shall not derive greater revenue from the use of its aircraft than the amount necessary for the operation, maintenance and replacement of its aircraft and facilities.

C. The Club’s aircraft shall not be used by any person other than the Club’s members and shall not be used by any person for hire, charter, or air taxi. Flight instruction may be given in Club aircraft.

Rule 7-5. Environmental Issues and Indemnification - Any tenant of the Airport, its agents, employees, independent contractors, or sub lessee shall not install, store, use, treat, transport or dispose of any:

A. Asbestos in any form

B. Urea formaldehyde foam insulation.

C. Transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per million; or

D. Any other chemical, material, air pollutant, toxic pollutant, waste, or substance which is regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by the Resource Conservation Recovery Act, the Comprehensive and Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, and/or the Clean Water Act or any other federal, state, county, regional, local or other governmental authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Leased Premises, and which is either:

1. in amounts in excess of that permitted or deemed safe under applicable law; 2. or in any manner which is prohibited or deemed unsafe under applicable law. (The substances referred to in (A), (B), (C) or (D) are collectively referred to hereinafter as "Hazardous Materials).

Rule 7-6. Environmental Cleanup Laws – An Airport tenant will, at their own expense, comply with all existing or hereafter enacted laws relating to Hazardous Materials (collectively, "Cleanup Laws") in effect at the time of the lease, and all future laws thereafter. An Airport tenant will, at their own expense, make all submissions to provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the Cleanup Laws. Should any Authority require that a cleanup plan be prepared and that a cleanup be undertaken because of the existence of Hazardous Materials which were installed, stored, used, treated, transported, disposed of or discharged on the leased premises, by an airport tenant, its agents, employees, independent contractors or sub lessees during the term of a lease, the Airport tenant will prepare and submit the required plans and financial assurances in accordance with such Cleanup Laws. The Airport shall be indemnified and held harmless from and against all obligations, damages, injunctions, fines, penalties, demands, claims, costs, expenses, actions, liabilities, suits, proceedings and losses of whatever nature (including, without limitation, attorneys' fees and court costs), and all cleanup or removal costs and all actions of any kind arising out of or in any way connected with the installation, storage, use, treatment, transporting, disposal or discharge of Hazardous Materials in or on the leased premises by an Airport tenant.

Rule 7-7. Environmental Notices – An Airport tenant shall promptly supply the City Council / Commissioners Court with copies of any notices, correspondence and

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submissions made or received from any governmental authorities of the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or any other local, state or federal authority that requires submission of any information concerning environmental matters or Hazardous Materials.

Rule 7-8. Environmental Survival – An Airport tenant's liability pursuant to any environmental issue shall survive the expiration or earlier termination of their lease.

Rule 7-9. Storm Water Compliance

A. The Airport is subject to federal storm water regulations, 40 C.F.R. Part 122 for “vehicle maintenance shops” (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations and/or deicing operations that occur at the Airport as defined in these regulations and, if applicable, state storm water regulations. Each Airport tenant shall become familiar with these storm water regulations if it conducts “vehicle maintenance” or operates equipment cleaning operations and/or deicing activities as defined in the federal storm water regulations.

B. The City or County shall take steps necessary to apply for or obtain a storm water discharge permit as required by the applicable federal and/or state regulations, including the leased property occupied or operated by an Airport tenant. A storm water discharge permit issued to the City or County may name an Airport tenant as a co-permittee.

C. An Airport tenant’s close cooperation is necessary to ensure compliance with any storm water discharge permit terms and conditions, as well as to ensure safety and to minimize costs. An Airport tenant may have to implement and maintain “Best Management Practices”. to minimize the exposure of storm water (and snow melt) to “significant materials” generated, stored, handled or otherwise used as defined in the federal storm water regulations.

D. The City or County’s storm water discharge permit is incorporated by reference into each lease and any subsequent renewals.

E. The City or County will provide an Airport tenant with a written notice of those storm water discharge permit requirements that are in the City or County’s storm water permit, that a tenant will be obligated to perform from time to time, including, but not limited to:

1. certification of non-storm water discharges; 2. collection of storm water samples 3. preparation of storm water pollution prevention or similar plans 4. implementation of “good housekeeping” measures or best management practices; and maintenance of necessary records.

Such written notice shall include applicable deadlines and an opportunity to dispute any of the storm water discharge permit requirements.

F. Each Airport tenant shall participate in any organized task force or other work group established to coordinate storm water activities of the Airport.

Rule 7-10. Non Discrimination Covenants

A. Each lease will include as a covenant running with the land to insure that:

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1. no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased property; 2. that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person, on the grounds of race, color, sex or national origin, shall be excluded from participation in, denied benefits of, or otherwise be subjected to discrimination.

B. The right to conduct aeronautical activities for furnishing services to the public is granted to an Airport tenant subject to the agreement:

1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users. 2. To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service provided an allowance may be made to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

Rule 7-11. Insurance – An Airport tenant shall during the term of lease maintain at their cost and expense insurance relating to the leased premises as follows:

A. Insurance against loss or damage to improvements by fire, lightning, and other risks included under standard extended coverage policies.

B. General public liability insurance against claims for bodily injury, death or property damage occurring on, in, or about the leased premises, such insurance to afford protection to City or County of not less than $500,000.00 with respect to any one person, $1,000,000.00 with respect to any one accident and not less than $200,000.00 with respect to property damage.

C. Hangar keeper’s liability insurance providing coverage for aircraft not owned by the tenant in the following limits: $200,000.00 per aircraft and $400,000.00 per occurrence on property damage to aircraft in the care, custody, or control of tenant.

D. All such policies of insurance shall be issued by insurance companies acceptable to the City or County, shall name the City or County as an additional insured or loss payee, as the case may be, and shall provide for at least ten (10) days written notice prior to cancellation or modification.

Rule 7-12. Hold Harmless – The City or County shall not be liable to an Airport tenant’s employees, agents, servants, customers, invitees, or to any other person whomsoever, for any injury to persons or damages to property on or about the leased premises or any adjacent area owned by the City or County.

Section 8. Knowledge of Rules Implied

By publication and adoption of this ordinance / order, all persons shall be deemed to have knowledge of its contents. However, the Airport Manager is directed to have copies of the ordinance / order posted in paper or electronically, where appropriate. Copies shall be available at all times in the Airport Manager’s office, and copies shall be furnished to all owners and operators of aircraft based at the airport.

Section 9. Conflict of Rules and Regulations

If and where there are conflicts in the rules and regulations prescribed herein and the FAA’s Federal Aviation Regulations (FAR), the latter shall prevail. If and where there exists a conflict

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between any of the rules or regulations prescribed herein and any other City / County rules applicable to the same area, the more stringent limitation, or requirement shall govern and prevail.

Section 10. Penalty for Violation

The Airport Manager may deny use of the Airport for a period not exceeding fifteen (15) days for any person violating or refusing to comply with any of the rules or regulations prescribed herein pending a hearing by the City Council / Commissioners Court. Upon such hearing, such person may be deprived of the further use of the Airport and its facilities for a period of time as may appear necessary for the protection of life and property. Any violation of this ordinance / order shall be a misdemeanor, and upon conviction, be punishable by a fine not exceeding two-hundred ($200) dollars, and each day a violation continues to exist shall constitute a separate offense. This section is cumulative of all other penalties for violation of Federal, State, and local laws, rules, regulations, ordinances, and orders. Citation for violation or issuance of a violation ticket of any of the rules and regulations prescribed herein may be made by any authorized police officer. The Airport Manager or City Council / Commissioners Court may request authorized police officers to investigate any suspected violation of these rules.

Section 11. Severablilty

If any of the provisions of this ordinance/order or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance/order which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

Section 12. Emergency Enactment

Whereas, the immediate operation of the provisions of this ordinance/order is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and this ordinance/order shall be in full force and effect from and after its passage by the City Council/Commissioners Court of the City/County of ________________, Texas and publication and posting as required by law.

Read, passed and adopted by a vote of the City Council/Commissioners Court of the City/County of _____________________, Texas on the ________day of ______, 20___.

Members voting Aye; ____________ Members voting Nay;______________.

___________________

Mayor / County Judge

City / County of _____________________, Texas

Attest:__________________________________

City Secretary/County Clerk of ______________, Texas.

Airport Action Plan


TxDOT Model Minimum Standards (FBO)

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Model Minimum Standards for Fixed Base Operators (FBO)

The attached “Model of Minimum Standards for Fixed Base Operators (FBO)” has

been prepared to assist owners of public use airports in developing standards for the

providers of airport services. This is a guideline only. The local situation will dictate

if additional or fewer standards will be applicable.

The owner of a public use airport which has a grant or loan obligations with either

the Federal Aviation Administration (FAA) or the State of Texas or has deed

obligations under the Surplus Property Act is required to make that airport

available to all qualified users and providers without an unjust bias or

discrimination. These obligations also prohibit the airport owner from granting an

exclusive right to offer services or products. However, the airport owner may retain

the exclusive right to perform any of the functions of an FBO providing this is done

with its own employees and resources. A third party may not be designated as the

agent of the airport owner to satisfy this exemption.

If an airport owner elects not to retain the exclusive right to provide services and

there is a “need” for additional FBO services or positions, the airport owner may

not routinely deny an application without sufficient justification. “Need” would be

established if a proponent requests approval for an additional FBO business and is

willing and able to accomplish such request. No other justification for “need” is

required. This establishment of need would require the airport owner to allow all

qualified persons the opportunity to bid on the subsequent FBO position. No

qualified bidder, including the incumbent FBO, should be excluded from

participating. If all suitable facilities are currently under lease and being actively

used by the incumbent FBO, subsequent requests may be denied on the grounds of

insufficient space. The airport owner would not be required to void or alter existing

contracts to provide space or other provisions. The incumbent FBO should not be

required to relinquish leased space or hangars which are actively used in his

business and likewise, should not be able to hold unused space or hangars, even if

included in his lease, solely for the purpose of denying a subsequent FBO sufficient

space to set up operation.

Any new FBO contracts should be written to standards applicable at that time. The

new contract does not necessarily have to be equal or comparable to any existing

contract; however, the airport owner MUST be able to adequately justify the

differences. In such case, the airport owner should be willing to renegotiate existing

contracts that would place an incumbent FBO at an economic or business

disadvantage. If a previous contract required a level of service which is no longer

applicable, under no circumstances should the airport owner be liable for or be

required to pay damages to an FBO for having to provide those services under

previous contracts.

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Model Minimum Standards for Fixed Base Operators (FBO)

This is a summary of the obligations and services which should be provided by a Fixed

Base Operator (FBO). This guideline may be attached to and become part of an actual

lease agreement between an FBO and the airport owner. Should the actual lease

agreement be more or less restrictive than this guideline, the lease would take

precedence.

I. Definitions

A. Fixed Base Operator – A Fixed Base Operator is a person, firm, or

corporation performing any of the functions or furnishing any of the services

listed herein on a commercial basis. No person, firm, or corporation may act

in the capacity of an FBO without a valid contract with the City/County of

_____________ authorizing such activity at the airport.

B. Airport Tenant – An airport tenant is a person, firm, or corporation leasing

or using airport property solely for the purpose of storing an aircraft and is not

engaged in or providing any aviation related commercial activity or service at

the airport. An airport tenant is not authorized to function as or provide the

services of an FBO.

II. Services and Requirements

A. An FBO is authorized to offer or perform any or all of the following services

or functions for the public. The guidelines for each service or function are

listed.

1. Airframe or power plant repair: Sufficient hangar space, FAA certified

mechanic on duty, paved outside parking area for aircraft, and paved access

to the runway-taxiway system (if connecting runway or taxiway is paved).

2. Fueling: Avgas and jet fuel storage tanks (tanks must be State approved and

registered if required), fuel delivery by means of pumps and/or trucks,

trained and qualified fueling technician, plan of action in case of a massive

fuel spill, and at least the minimum number of working fire extinguishers and

bonding cables as recommended in the latest edition of the National Fire

Protection Association booklet, Manual 407 – “Standard for Aircraft Fuel

Servicing, 2001 edition,” (or as revised) published by the National Fire

Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy MA

02269-9101, 800-344-3555. Fuel pumps and trucks must meet all applicable

local and State codes and be approved for use by the local fire marshal.

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3. Line service: Properly trained personnel; ropes, chains, or other restraining

devices and wheel chocks for each tie down position.

4. Aircraft sales and/or rental: Sufficient office space, aircraft display area,

telephone, and aircraft inventory.

5. Flight instruction: Trained and certified instructor, classroom, telephone and

restrooms, and aircraft available for instruction.

6. Avionics: Shop area, office space with telephone and restrooms, and trained

and certified personnel on duty.

7. Aircraft storage: Sufficient hangar, T-hangar, and tie down spaces.

8. Air taxi and charter: FAA Part 135 certification, aircraft with sufficient

hangar, T-hangar, or tie down space, office with telephone and restrooms,

and aircraft loading or unloading area.

9. Agricultural spraying operation: Qualified pilot, aircraft designed for such

purpose, qualified personnel on duty to properly handle dangerous chemicals,

secure area to store chemicals, and properly designed and constructed wash

down pad.

10. Other as agreed on by contract: Telephone for public use, ground

transportation into town, pilot and passenger lounge with restrooms, retail

business area with restrooms, and coffee and/or soft drinks.

Hangar space, shop areas, restrooms, and other equipment as well as sufficient personnel

shall not necessarily be accumulative for each service provided. For example, if an FBO

provides both flight instruction and aircraft sales, both functions could be serviced by the

same restrooms and telephone. The actual contract agreement between an FBO and the

airport owner shall spell out the required services of each FBO and the square footage,

number of personnel, etc. which must be provided by that FBO.

B. An FBO is required to perform the following functions or abide by the

following rules:

1. Install, operate, maintain, repair, and store all equipment necessary for the

conduct of the FBO’s business subject to the approval of the airport owner.

2. Use, with others so authorized, any common areas or equipment on the

airport including, but not limited to, the runways, taxiways, public aircraft

and auto parking aprons, roadways, and navigational aids.

3. Upon termination of the lease, return any leased property to the airport owner

in the same condition as it was at the start of the lease, normal wear

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excluded. Any improvements or additions made to real property during the

term of the lease will become property of the airport owner at the termination

of the lease.

4. Will not prevent any person, company, or employee of a company from

servicing, maintaining, or fueling their own aircraft that might be parked or

hangared at the airport.

5. Make its business open to all forms and classes of aeronautical use.

6. Submit to and abide by periodic safety inspections by the Airport owner, the

FAA, and/or the Texas Department of Transportation.

7. Maintain all leased areas and the interior and exterior of any leased or

constructed buildings to an acceptable standard.

8. Remove and properly dispose of any trash from the leased property.

9. Notify and gain approval of the airport owner of any intended reduction of

services which are included in the FBO’s lease agreement.

10. Furnish all applicable services in a fair, equal, and nondiscriminatory manner

to all airport users.

11. Abide by any and all rules, requirements, or mandates placed upon the

airport owner by the FAA or the State of Texas including, but not limited to,

the Grant Assurances of FAA grants and the Terms and Conditions of State

of Texas grants.

12. An FBO does not have the right to perform any service or business on the

Airport unless such service or business is included in the current lease

agreement with the airport owner.

13. An FBO’s rights do not supercede the airport owner’s rights and obligations.

III. Airport Owner's Rights and Obligations The airport owner retains the right and/or obligation to do the following:

A. Perform any or all of the functions of an FBO. If so inclined, the airport owner

may retain a proprietary right to offer any or all FBO services and/or products

and allow no FBO to offer the same services or products at the airport.

B. Enter into contracts with other FBO’s to operate similar or competitive

businesses at the airport without regard to the wishes or desires of existing

FBO’s. Any new contracts will be written to standards applicable at that time.

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If a new contract agreement gives an economic advantage to the new FBO, the

airport owner may renegotiate its contract with the disadvantaged FBO;

however, under no circumstances will the airport owner be held liable or

required to pay damages for services, equipment or any other obligations

which were required by past or current contracts.

C. Approve an FBO’s placement of buildings, parking areas, or equipment to

assure such development is accomplished in an orderly fashion and does not

impede the future development or expansion of the airport as shown on an

FAA or Texas Department of Transportation approved Airport Layout Plan or

Master Plan.

D. Maintain the airport in a safe and serviceable condition.

E. Collect all fees for the use of the airport; these fees include lease of hangar

space, office space, T-hangar space, aircraft or auto parking areas, fuel

flowage fees, and tie-down fees. The airport owner may charge these fees as

long as such fees are fair and appropriate and not intended to discriminate for

or against any FBO or airport user or type of user.

F. Increase or decrease the fee or required services of an FBO at any time the

FBO’s contract is renegotiated or at any such time as authorized by the lease

contract.

G. Impound any personal property, tools, furniture, aircraft, or equipment located

on the leased property and hold or liquidate such until all fees and taxes due

the airport owner are paid, subject to a court judgement.

H. Reserve the right to take any actions necessary to protect the safety and

usability of the airport and the approach surfaces to all runway ends.

IV. Payment and Fees

A. Service Charge – An FBO must pay all responsible rentals, fees, or charges

in a timely manner. The airport owner retains the right to assess a service

charge for any late payments dues to the owner.

B. Bond – An FBO must show proof of financial responsibility or be properly

bonded with the airport owner listed as beneficiary in the event the FBO

cannot or will not return the property to an acceptable condition after the term

to the lease or if the lease is prematurely terminated.

C. Utilities – An FBO must arrange for water and waste water, gas, electricity,

telephone, and any other utilities it uses on the airport and pay all responsible

charges in a timely manner throughout the term of the lease.

D. Taxes – An FBO will pay all responsible taxes in a timely manner.

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E. Other Bills – An FBO will pay all responsible bills in a timely manner.

Under no circumstances will the airport owner be responsible for payment of any taxes or

bills owed by an FBO.

V. Insurance The airport owner will provide insurance for all real property located at the airport under

the owner’s policy. This policy will be for the sole benefit and protection of the airport

owner. The FBO will be required to provide adequate insurance coverage for his personal

property and the contents of any buildings under lease. The FBO must furnish current

proof of these policies to the airport owner and any changes in those policies must have

prior written approval of the airport owner.

VI. Solicitation and Conduct

A. An FBO will not engage in the solicitation of its fueling or other services on

or about the airport in a loud, offensive, or objectionable manner. In the event

of such questionable conduct, the airport owner will be the sole judge in

determining if said conduct is a violation of the lease agreement and take any

and all necessary steps to eliminate the undesirable condition, up to and

including the termination of the FBOs lease contract.

B. An FBO will conduct business on the airport in such a manner as to maintain

a friendly and cooperative, though competitive, relationship with other

operators engaged in similar businesses on the airport. An FBO will not

engage in open public disputes, disagreements, or conflicts which would tend

to deteriorate the quality of service of either party involved or which would be

incompatible with the best interest of the public or the airport. The airport

owner has the right to resolve all such disputes, disagreements, or conflicts

and the airport owner’s determination will be binding upon all FBO’s

operating at the airport.

VII. Use and Use Conflict Any land, building, paved area, and other infrastructure leased to an FBO are to be used

and occupied solely for the purpose of operating a Fixed Base Operation and no other.

The leased airport property cannot be sublet or divided, except for parking aircraft in

hangars, T-hangars, or tie down spaces without the written permission of the airport

owner. Should the FBO become deceased, be adjudged to be incompetent, or his business

declared bankrupt or become insolvent, the leased property and the executed lease

contract shall not be considered as a part of the FBO’s estate or an asset of any appointed

or assigned guardian, trustee, or receiver. In such cases, the FBO’s lease will immediately

terminate and all rights and property returned to the airport owner.

VIII. Unauthorized Use An FBO may not park vehicles, trailers, motor homes, mobile homes, or any other

vehicle or trailer on airport property without written approval of the airport owner.

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IX. Rules An FBO must abide by all laws, rules, regulations, guidelines, terms, and conditions of

the airport owner, the Texas Department of Agriculture, the Environmental Protection

Agency, the National Fire Protection Association, the local and State fire marshals, the

Texas Department of Transportation, the Federal Aviation Administration, and any other

applicable agencies in regard to the use and storage of pesticides, or other dangerous

chemicals, the storage and dispensing of aircraft fuel, the storage, dispensing, and

disposal of engine oil, the maintenance and upkeep of the airport facilities, the operation

of the FBO’s business, and the general safety and operation of the airport.

Airport Action Plan


TxDOT Model Lease Agreement

Airport Action Plan


FAA Form 7460

NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION § 77.7 Form and time of notice. (a) If you are required to file notice under §77.9, you must submit to the FAA a completed FAA Form 7460–1, Notice of Proposed Construction or Alteration. FAA Form 7460–1 is available at FAA regional offices and on the Internet.

(b) You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest.

(c) If you propose construction or alteration that is also subject to the licensing requirements of the Federal Communications Commission (FCC), you must submit notice to the FAA on or before the date that the application is filed with the FCC.

(d) If you propose construction or alteration to an existing structure that exceeds 2,000 ft. in height above ground level (AGL), the FAA presumes it to be a hazard to air navigation that results in an inefficient use of airspace. You must include details explaining both why the proposal would not constitute a hazard to air navigation and why it would not cause an inefficient use of airspace.

(e) The 45-day advance notice requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed FAA Form 7460–1 within 5 days of the initial notice to the FAA. Outside normal business hours, the nearest flight service station will accept emergency notices.

§ 77.9 Construction or alteration requiring notice.

If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of:

(a) Any construction or alteration that is more than 200 ft. AGL at its site.

(b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes:

(1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports.

(2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.

(3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section.

(c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section.

(d) Any construction or alteration on any of the following airports and heliports:

(1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications;

(2) A military airport under construction, or an airport under construction that will be available for public use;

(3) An airport operated by a Federal agency or the DOD.

(4) An airport or heliport with at least one FAA-approved instrument approach procedure.

(e) You do not need to file notice for construction or alteration of:

(1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;

(2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;

(3) Any construction or alteration for which notice is required by any other FAA regulation.

(4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76193 Fax: (817) 321-7765 Phone: (817) 321-7750 Website: https://oeaaa.faa.gov

PLEASE TYPE or PRINT

INSTRUCTIONS FOR COMPLETING FAA FORM 7460-1

ITEM #1. Please include the name, address and phone number of a personal contact point as well as the company name.

ITEM #2. Please include the name, address and phone number of a personal contact point as well as the company name.

ITEM #3. New Construction would be a structure that has not yet been built.

Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to the marking and lighting, a change to power and/or frequency, or a change to the height. The nature of the alteration shall be included in ITEM #21 “Complete Description of Proposal”.

Existing would be a correction to the latitude and/or longitude, a correction to the height, or if filing on an existing structure which has never been studied by the FAA. The reason for the notice shall be included in ITEM #21 “Complete Description of Proposal”.

ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enters the estimated length of time the temporary structure will be up.

ITEM #5. Enter the date that construction is expected to start and the date that construction should be completed.

ITEM #6. Please indicate the type of structure. DO NOT LEAVE BLANK.

ITEM #7. In the event that obstruction marking and lighting is required, please indicate type desired. If no preference, check “other” and indicate “no preference” DO NOT LEAVE BLANK. NOTE: High Intensity lighting shall be used only for structures over 500’ AGL. In the absence of high intensity lighting for structures over 500’ AGL, marking is also required.

ITEM #8. If this is an existing tower that has been registered with the FCC, enter the FCC Antenna Structure Registration number here.

ITEM #9 and #10. Latitude and longitude must be geographic coordinates, accurate to within the nearest second or to the nearest hundredth of a second if known. Latitude and longitude derived solely from a hand-held G P S instrument is NOT acceptable. A hand-held GPS is only accurate to within 100 meters (328 feet) 95 percent of the time. This data, when plotted, should match the site depiction submitted under ITEM #20.

ITEM #11. NAD 83 is preferred; however, latitude and longitude may be submitted in NAD 27. Also, in some geographic areas where NAD 27 and NAD 83 are not available other datum may be used. It is important to know which datum is used. DO NOT LEAVE BLANK. ITEM #12. Enter the name of the nearest city and state to the site. If the structure is or will be in a city, enter the name of that city and state.

ITEM #13. Enter the full name of the nearest public-use (not private-use) airport or heliport or military airport or heliport to the site.

ITEM #14. Enter the distance from the airport or heliport listed in #13 to the structure.

ITEM #15. Enter the direction from the airport or heliport listed in #13 to the structure.

ITEM #16. Enter the site elevation above mean sea level and expressed in whole feet rounded to the nearest foot (e.g. 17’3” rounds to 17’, 17’6” rounds to 18’). This data should match the ground contour elevations for site depiction submitted under ITEM #20. ITEM #17. Enter the total structure height above ground l e v e l in whole feet rounded to the next highest f o o t (e.g. 17’3” rounds to 18’). The total structure height shall include anything mounted on top of the structure, such as antennas, obstruction lights, lightning rods, etc.

ITEM #18. Enter the overall height above mean sea level and expressed in whole feet. This will be the total of ITEM #16 + ITEM #17.

ITEM #19. If an FAA aeronautical study was previously conducted, enter the previous study number.

ITEM #20. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, etc. Attach an 8-1/2” x 11” non-reduced copy of the appropriate 7.5 minute U.S. Geological Survey (USGS) Quadrangle Map MARKED WITH A PRECISE INDICATION OF THE SITE LOCATION. To obtain maps, contact USGS at 1-888-275-8747 or via internet at “http://store.usgs.gov”. If available, attach a copy of a documented site survey with the surveyor’s certification stating the amount of vertical and horizontal accuracy in feet.

ITEM #21.

• For transmitting stations, include maximum effective radiated power (ERP) and all frequencies.

• For antennas, include the type of antenna and center of radiation (Attach the antenna pattern, if available).

• For microwave, include azimuth relative to true north.

• For overhead wires or transmission lines, include size and configuration of wires and their supporting structures (Attach depiction).

• For each pole/support, include coordinates, site elevation, and structure height above ground level or water.

• For buildings, include site orientation, coordinates of each corner, dimensions, and construction materials.

• For alterations, explain the alteration thoroughly.

• For existing structures, thoroughly explain the reason for notifying the FAA (e.g. corrections, no record or previous study, etc.).

Filing this information with the FAA does not relieve the sponsor of this construction or alteration from complying with any other federal, state or local rules or regulations. If you are not sure what other rules or regulations apply to your proposal, contact local/state aviation’s and zoning authorities.

Paperwork Reduction Work Act Statement: This information is collected to evaluate the effect of proposed construction or alteration on air navigation and is not confidential. Providing this information is mandatory or anyone

proposing construction or alteration that meets or exceeds the criteria contained in 14 CFR, part 77. We estimate that the burden of this collection is an average 19 minutes per response, including the time for reviewinginstructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. A federal agency may not conduct or sponsor, and a person is not required torespond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currentlyvalid OMB Control Number. The OMB control number associated with this collection is 2120-0001. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at:800 Independence Ave SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

Fcrm 7460-1 (2-12) Superseded Previous Edition Electronic Version (Adobe) NSN: 0052-00-012-0009

file:///E:/

Please Type or Print on This FormForm Approved OMB No.2120-0001

Expiration Date: 10/31/2017

Failure To Provide All Requested Information May Delay Processing of Your Notice

U.S. Department of Transportation Notice of Proposed Construction or AlterationFederal Aviation Administration

FOR FAA USE ONLY

Aeronautical Study Number

1. Sponsor (person, company, etc. proposing this action):

Attn. of:

Name:

Address:

City: State: Zip:

Telephone: Fax:

9. Latitude: 0 , , " 0

10. Longitude: , ,

11. Datum: NAD 83 NAD 27 Other

12. Nearest: City: State

13. Nearest Public-use (not private-use) or Military Airport or Heliport:

14. Distance from #13. to Structure:

15. Direction from #13. to Structure:

16. Site Elevation (AMSL): ft.

17. Total Structure Height (AGL): ft.

18. Overall Height (#16 + #17) (AMSL): ft.

19. Previous FAA Aeronautical Study Number (if applicable):

-OE

20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Map with the

precise site marked and any certified survey)

2. Sponsor's Representative (if other than #1):

Attn. of:

Name:

Address:

City: State: Zip:_______________

Telephone: Fax:

3. Notice of: New Construction Alteration Existing

4. Duration: Permanent Temporary ( months, days)

5. Work Schedule: Beginning End

6. Type: Antenna Tower Crane Building Power Line Landfill Water Tank Other

7. Marking/Painting and/or Lighting Preferred:

Red Lights and Paint Dual - Red and Medium Intensity White-Medium Intensity Dual - Red and high Intensity White -High Intensity Other

8. FCC Antenna Structure Registration Number (if applicable):

21. Complete Description of Proposal:Frequency/Power (kW)

Notice is required by 14 Code of Federal Regulations, part 77 pursuant to 49 U.S.C., Section 44718. Persons who knowingly and willingly violate the notice requirements of part 77 are subject to a civil penalty of $1,000 per day until the notice is received, pursuant to 49 U.S.C., Section 46301(a)

I hereby certify that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to mark and/or light the structure in accordance with established marking & lighting standards as necessary.

Date Typed or Printed Name and Title of Person Filing Notice Signature

FAA Form 7460-1 (2-12) Supersedes Previous Edition NSN: 0052-00-012-0009

Airport Action Plan


TxDOT RAMP Program Information

2015 Routine Airport Maintenance Program (RAMP) Grants

State funding is a $50,000 match per airport for each fiscal year. The State

fiscal year begins September 1st. The local government match is 50% of

actual costs plus any excess of $100,000 total costs.

The program includes “lower cost” airside and landside airport

improvements. These items can be more than just maintenance and may be

new or additional items of work. Examples are: construction of airport

entrance roads; pavement of airport public parking lots; installation of

security fencing, replacement of rotating beacon, etc. TxDOT will

determine the eligibility of specific items. Keep in mind that airside

improvements are of first priority before requesting assistance with

landside maintenance and improvements.

Local governments are allowed to issue their own contracts for scope of

services, or TxDOT local districts can perform services within their

capabilities. TxDOT will not participate in contracts for any ineligible scope

items or for costs that are unreasonable for the type of service. Local

government force account work is NOT ELIGIBLE, but purchase of

materials for construction with sponsor labor is eligible.

A Grant must be executed each state fiscal year, prior to work being

performed. To initiate the grant the City or County should contact Aviation

Division with a description of the project for which the grant is being

requested and the estimated cost of the project, if available. The contact may

be in the form of a written letter, electronic mail, facsimile, by telephone, or

personal contact with staff.

Work as described on the Scope of Services of the grant shall be

completed during the State fiscal year (September 1st – August 31

st )

Call the Aviation Division at 1-800-687-4568 (68-PILOT) for more

information or go to Aviation on the TxDOT Web Site:

http://www.txdot.gov/business/aviation/default.htm

http://www.txdot.gov/business/aviation/default.htm

ELIGIBLE WORK ITEMS UNDER RAMP GRANTS

AIRSIDE MAINTENANCE

Pavement crack sealing

Pavement Slurry Seal/Fog Seal/Rejuvenator

Pavement markings

Limited pavement failure repairs

Drainage maintenance

Sweeping

Herbicide – fire ant control – mesquite tree eradication

Replacement bulbs/lamps for airside lighting fixtures and approach aids

Beacon, lighting, approach aids – repair and maintenance

Parts replacement for AWOS not covered under warranty

AFTER AIRSIDE MAINTENANCE HAS BEEN ADDRESSED Seal coats/chip seal/crack seal for non-airside pavement, repair/maintenance of airport public auto parking

lots Hangar/terminal building painting and repairs -sponsor owned facilities only

Security camera systems

Game proof or security fencing and gates, electric gate openers

Access roads for AWOS installations

Navigational aids purchase and installation

AWOS NADIN interface monthly charge

Airport entrance signs & landscaping

Repairs to airport owned fuel systems, including replacement of tanks

Professional Services for preparation of Storm Water Pollution Prevention, Spill Prevention Control &

Countermeasure Plans and maintenance/update of these plans

SMALL CAPITAL IMPROVEMENT PROJECTS

New public auto parking areas - engineering/design costs included

New entrance roads, hangar access roads - engineering/design costs included

Design and Construction of aircraft wash racks as indicated by SWPPP

Expansion of apron areas or new apron areas - engineering/design costs included

Pilot lounge/small general aviation terminal buildings

Drainage improvements - engineering/design costs included

Extension of runway lighting systems- engineering/design costs included

Beacon/tower replacements

Water wells, lines/sewer lines &septic systems - compliance with EPA and TCEQ responsibility of Sponsor

Preparation of FAA form 7460-1 “Notice of Proposed Construction or Alteration” for RAMP projects

INELIGIBLE WORK ITEMS UNDER RAMP GRANTS Mowing - may be done by TxDOT or TxDOT contract forces but the cost is 100% Sponsor responsibility

Purchase of Capital Outlay Equipment except as allowed above

Operating Expenditures

Consumables - unless listed above

Force Account work by sponsor

Work performed or purchases made prior to the grant being fully executed

Airport Action Plan


FAA Guide to TTF Rate Setting Methodology

Examples of RTTF Rate-Setting Methodologies Updated 7/2013 Page 1 of 1

ACO-100

FAA Airports

Examples of Residential Through-the-Fence Access Rate-Setting Methodologies

Section 136 of P.L. 112-95 requires residential through-the-fence (RTTF) users to pay access charges

that the airport sponsor determines to be comparable to those fees charged to tenants and operators on-

airport making similar use of the airport as a minimum. However, airport sponsors are not precluded from

charging RTTF users a rate that is higher than rates charged to on-airport users and tenants. RTTF

users are not protected by Grant Assurance 22, Economic Nondiscrimination, and the FAA will not

entertain allegations of unreasonableness for residential through-the-fence access.

The FAA has identified the following examples of rate-setting methodologies which may be used to satisfy

the requirement contained in the law:

Requiring RTTF users to pay fees which are equal to tenant tie-down charges.

Establishing a fee for RTTF users that is based on the methodology used to establish tenant

rates for land rental on the airport. For example, if on airport users pay 25 cents per square foot

of land on which they build a hangar, RTTF users would pay a minimum of 25 cents per square

foot of the land their off-airport hangar occupies.

Establishing a ground lease for dedicated taxiway connections to off-airport properties.

Charging an assessment of capital costs for general infrastructure.

A local tax assessment or levy on off-airport aircraft owners that is dedicated to airport’s account.

A methodology which results in an RTTF user paying an access fee which is less than the fee charged to

on-airport tenants and users making similar use of the airport may not be consistent with the law.

Airport Action Plan


Appendix 3: Other Reference Documents Existing Minimum Standards

Existing TTF Master Agreement with Rusty Allen Airport Property Owners Association (RAAPOA)

City Zoning for Airport Environ

Existing Height Hazard Zoning Ordinance

City 2030 Comprehensive Plan Future Land Use Map

City 2030 Comprehensive Plan Future Transportation Map

AWOS Protection Exhibit

Airport Action Plan


Existing Minimum Standards

Lighting Materials Support Structure Landscaping

Freestanding, single business Direct or indirectSynthetic, wood or

stoneWood or stone Required2

Freestanding, multitenant Direct or indirectSynthetic, wood or


Projecting wall Direct or indirectSynthetic, metal or

wood

Metal mounting

hardwareNot required

Hanging wall Direct or indirectSynthetic, metal or

wood

Metal mounting


Residential subdivision Indirect Wood or stone Wood or stone Required2

Political IndirectSynthetic, wood or

paperWood or metal Not required

Commercial real estate IndirectSynthetic, wood or

paperWood or metal Not required

Government, utility,

institutionalDirect or indirect

Synthetic, wood or


Sandwich board Indirect Synthetic or wood Wood Not required

Menu board Direct or indirect Synthetic or wood Wood or stone Not required

Temporary banner Indirect SyntheticMetal mounting


Residential real estate IndirectSynthetic, metal or

woodWood or metal Not required

Window Indirect Paint Glass or plexiglass Not required

Awning, canopy and marquee

signIndirect Synthetic

Metal mounting


Public information Direct or indirect Wood or stone Wood, stone or metal Required2

Residential nameplate Indirect Wood, metal or stoneMetal mounting


2 Required xeriscaping with native Central Texas plantings.

(Ordinance O-03-15 adopted 1/15/15)

ARTICLE 4.900 MINIMUM AIRPORT STANDARDS

Sec. 4.901 Definitions

Unless otherwise provided herein, the following terms shall be defined in this article as follows:

Airport. Properties currently owned or as may be acquired by the city for the purpose of operating an airport and including but not limited to lots 48, 49, 50, 52, and 57 of Bar-K Airport Subdivision, Lago Vista, Texas and all public rights-of-way and/or public easements as set forth on plats filed with the county clerk.

City. The City of Lago Vista, Texas.

CTAF/Unicom. Common traffic advisory frequency which the radio frequency that all ground vehicles and airport residents with airplanes shall be turned to when entering,

exiting or using in any way the runway or taxiway.

FAA. The Federal Aviation Administration of the United States Department of Transportation.

Person. Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing.

Pilot. Any person possessing an FAA pilot’s license, including a student pilot’s license.

Sec. 4.902 Minimum Standards

The standards adopted herein are the minimum standards for the maintenance and operation of the airport. The terms set forth herein shall apply uniformly to all persons

operating on or desiring to operate from the airport.

Sec. 4.903 Federal Aviation Administration Rules to be Observed

The Federal Air Traffic Rules promulgated by the FAA shall be observed by all persons utilizing the airport.

Sec. 4.904 Overriding Right of City and FAA

Any clause herein to the contrary notwithstanding, the city reserves the right to develop and make any improvements to the airport or make any repairs to the airport and

amend, modify or repeal any of the standards set forth herein at any time. Any section of this article which is in conflict with FAA regulations, either currently or in the

future, shall be superseded by the FAA regulations.

Sec. 4.905 Airport Layout Plan

The airport manager and city shall have prepared and shall maintain a copy of a current airport layout plan (“ALP”) approved by the city council. The ALP shall provide for

the orderly development and maximization of revenues from the operation of the airport. All development, leases and activities concerning the use and operation of the

airport shall conform with the ALP.

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DMayo

Text Box

City Minimum Standards Ordinance

Sec. 4.906 Taxiways

(a) Extension. Taxiways will be extended according to the airport layout plan (ALP). Property owners seeking access to the airport shall extend and construct the taxiway

across the taxiway frontage portion of the property in accordance with this code and this article prior to being granted access.

(b) Pavement Bearing Strength. Taxiways shall be constructed in accordance with TxDOT standards.

Sec. 4.907 Aircraft Weight Limits

No person shall operate any aircraft on the airport which exceeds the weight limits identified in either the current official “Airport/Facility Directory” published by the

National Oceanic and Atmospheric Administration of the U.S. Department of Commerce or by a Notice to Airmen (NOTAM) issued by the city.

Sec. 4.908 Nondiscrimination

Public facilities at the airport shall be open to all classes of users on a fair and nondiscriminatory basis. Persons using the airport shall comply with all provisions of federal

and state law, as amended from time to time, as they pertain to discrimination and are hereby specifically prohibited from discrimination against any group or individual on

the basis of race, religion, color, creed, national origin, sex or disability.

Sec. 4.909 Commercial Operations

No person may conduct any commercial aviation activity, offer any goods or services for compensation, or provide any goods or services for compensation to the public at

the airport unless such person is duly licensed and in compliance with all requirements of the FAA and this article.

Sec. 4.910 Compliance with Health, Fire, Building and Zoning Codes

All persons utilizing the airport shall comply with the requirements of all city, county or state health, fire, building and zoning codes as they are amended from time to time.

Sec. 4.911 Damages

Notwithstanding any clause herein or lease provision to the contrary, any person damaging the airport or public property shall be responsible for all damages incurred. The

city may take whatever legal action is necessary to recover compensation for damages to the airport or public property.

Sec. 4.912 Fees

All transient aircraft must pay for overnight parking of aircraft.

Sec. 4.913 Licenses, Certifications and Authorizations

It shall be illegal for a person to operate any aircraft on or from the airport, whether for compensation or not, unless he/she possesses all licenses, certificates and

authorizations required by the FAA Safeguard of Persons and Property. The airport manager is authorized to take necessary and reasonable action to safeguard the persons, equipment and aircraft at the airport. Children under twelve (12) years of age shall not be allowed anywhere on the airport premises unless supervised by a responsible

adult.

Sec. 4.914 Vehicular and Pedestrian Traffic

All vehicular traffic at the airport shall not exceed fifteen (15) miles per hour.

Sec. 4.915 Authority of Airport Manager to Suspend or Restrict Operations

The airport manager may suspend or restrict airport operations in the event of an emergency, including but not limited to poor weather conditions, which threaten the safety

of persons using the airport.

Sec. 4.916 Aircraft Repairs

No aircraft shall be repaired on any part of the runway area or taxiway, ramps or parking areas except for emergencies and for necessary maintenance, testing or cleaning.

Sec. 4.917 Vehicle Requirements for Crossing Primary Landing Area

(a) Any ground vehicles desiring to cross the primary landing area shall have the following equipment:

(1) A rotary amber beacon that has the ability to flash in the four cardinal directions mounted permanently or magnetically.

(2) A two-way radio inside the vehicle that has the ability to contact the appropriate CTAF/Unicom frequency associated with the airport.

(b) All ground vehicles crossing into and exiting the primary landing area shall radio their intentions in accordance with recommended FAA regulations for nontowered

airports and have their beacon lights attached to the top of the vehicle and activated for the duration.

(c) The best practices for operating a ground vehicle on a nontowered airport set out by the FAA are as follows:

Page 26 of 28


(1) When you approach the runways and taxiways, stop, look both ways, and listen for aircraft that are landing or taking off. Vehicle windows should be open

to do this properly.

(2) Alert others when you are using a taxiway or runway by always making an announcement on the radio before you enter. Be specific with your location

and intentions.

(3) Always yield the right-of-way to taxiing aircraft and give them plenty of room. If an aircraft is headed toward you on the same taxiway, move out of the

aircraft’s way.

(4) Always carry a radio tuned to the airport’s common traffic advisory frequency (CTAF) or Unicom.

(5) If an aircraft is about to land on a runway that you need to cross, stop well clear of the runway. Continue to yield to the aircraft until it has landed and

taxied off of the runway.

(6) Be aware that some aircraft at nontowered airports are not equipped with radios.

(7) Before you cross a runway, ensure that no potentially conflicting aircraft are taxiing, landing or taking off. Be aware of aircraft at nontowered airports that

frequently make touch-and-go landings (immediately after landing, full power is applied and the aircraft takes off again).

(8) If your vehicle has a rotating beacon, be sure to turn it on anytime you are on the airport surface. Turn on headlights as well, being careful not to blind any pilots in the area.

(9) Generally, it is good practice to cross runways at their ends. If one is available, a perimeter road or taxiway is the recommended route for crossing a

runway at a nontowered airfield.

Sec. 4.918 Fueling of Aircraft

The following regulations shall govern the fueling of aircraft:

(1) Aircraft shall not be fueled while an engine is running.

(2) Smoking or open flames are prohibited while fueling within one hundred (100) feet of any aircraft or fuel truck.

(3) All aircraft shall be fueled at the fueling station or at such locations reasonably clear of hangars and other structures.

(4) All aircraft shall have a proper electrical ground wire in place at all times when being serviced with fuel.

Sec. 4.919 Starting or Running of Aircraft Engines

The following regulations shall govern the starting of aircraft engines:

(1) If an aircraft is not equipped with adequate brakes, the engines of such aircraft shall not be started unless the wheels have been set with blocks attached to

ropes or other suitable means for removing them.

(2) No engine shall be started unless a pilot is in control of the aircraft.

(3) No engine shall be started in any area in which the propeller stream presents a danger to the safety of other persons or property.

(4) Pilots of aircraft at the airport shall take such actions as to prevent the propeller stream from blowing rocks, soil and other debris into any hangar, parked

aircraft or other vehicles.

(5) Aircraft are prohibited from loading or unloading passengers with any engine running unless a pilot is at the control of the aircraft.

(6) No aircraft shall be left running without a pilot at the controls of the aircraft.

Sec. 4.920 Taxiing of Aircraft

The following regulations shall govern the taxiing of aircraft:

(1) No person shall taxi an aircraft until such time as the pilot of the aircraft has determined there is no danger of collision with another aircraft, person or object.

(2) All aircraft shall taxi at a safe rate of speed and in such a manner as to be under the control of the pilot at all times.

(3) Aircraft not equipped with adequate brakes shall not taxi near buildings or parked aircraft unless an attendant is at each wingtip of the aircraft to assist the

pilot.

(4) Aircraft shall not taxi onto the runway from the ramp, taxi area or grass if there is an aircraft approaching to land or on the runway in take-off position.

Sec. 4.921 Take-Off, Landing, Flying Rules and Procedures

All pilots are required to call on the published CTAF/Unicom to determine the runway favored by the wind and to announce their position and intentions for take-off and

landing. Wind and runway information, if given, is of an advisory nature only and the final decision as to which runway to use or whether or not to take-off or land, is at the

sole discretion of the pilot. Any deviation from the runway in use shall be announced to aircraft traffic and the right-of-way yielded. No take-offs or landings shall be made

on the apron, parking ramp or taxiways at any time except for emergencies and for rotary wing aircraft associated with helicopter operations.

Sec. 4.922 Parking of Aircraft and Vehicles

Page 27 of 28


No part of any vehicle or aircraft shall be parked at any time within the hold line (100 feet of the centerline of the runway). No vehicle or aircraft shall be parked anywhere

on Lot 57 (the airport environment) in such a manner as to inhibit the taxiing of an aircraft (parking means no qualified operator at the controls). Parking is allowed in

designated areas. The following properties are designated as aircraft or vehicle parking: Lots 48, 49, 50 and 52 of Bar-K Airport Subdivision as shown on exhibit A to

Ordinance O-32-14; provided that no aircraft shall be parked so as to obstruct access to the aircraft fueling area and no aircraft may be parked in an existing taxiway

easement. The city manager, or his/her designee, may allow parking in nondesignated areas for special events at the airport. It shall be the responsibility of the pilot, upon

leaving a parked aircraft, to properly chock the wheels or tie down the aircraft. All transient aircraft shall pay the fee for parking. Aircraft may be parked and tied down on

unimproved surfaces including grass. Improved or paved aircraft parking may be constructed without the presence of a hangar or other principal building on the lot with the

parking.

Sec. 4.923 Aircraft Tie-Downs

All aircraft shall be tied down or secured at night and during inclement weather at the sole responsibility of the pilot. The aircraft owner, pilot, or his/her agent is

responsible for the tie-down or security of the aircraft at all times and particularly during inclement weather. The owner, pilot or his/her agent shall be responsible for

securing tie-down chains and/or ropes suitable for the aircraft.

Sec. 4.924 Airport Maintenance

The occupant of property or facilities within the airport shall keep such property or facilities in a neat and orderly manner such as not to cause a health or safety hazard to

the users of the airport.

Sec. 4.925 Student Training

Flying instructors shall inform their students of the provisions of this article upon commencement of flying lessons. No aircraft shall be permitted to remain on landing or

take-off areas for the purpose of student instruction.

Sec. 4.926 Actions Prohibited

The flying of model and UAV drone aircraft at the airport is prohibited and no person shall use or occupy the airport for any purpose that is inconsistent with the operation

and use of the airport for aviation purposes.

(Ordinance O-32-14 adopted 12/18/14)

Sec. 4.927 Permitting Requirements

All vehicles desiring to cross the primary landing area are required to have a permit from the city for items in Section 4.917(a). All permit stickers must be affixed to the

equipment as described in Section 4.917(a). The permit verifies all requirements in Section 4.917 are being met and all equipment is in operational condition. Permits

granted from the city shall be good for the life of the equipment. (Ordinance 15-04-16-01 adopted 4/16/15)

Sec. 4.928 Penalty

Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an

offense and shall be liable for a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day the violation exists shall constitute a

separate offense. Such penalty shall be in addition to all the other remedies provided herein. (Ordinance O-32-14 adopted 12/18/14)

ARTICLE 4.1000 LAGO VISTA COMMUNITY RADIO

Sec. 4.1001 Standard Operating Procedures

All text to be broadcast must be submitted to the city manager in writing. The submission should contain the desired start date and end date for the message. Requests for

non-emergency public announcements will be approved or denied by the city manager. The city manager’s decision is final and not subject to appeal. Live broadcasts may

be initiated by the mayor, city manager, chief of police and emergency management coordinator. Access to the transmitter, in normal and emergency situations, is assigned

to the chief of police or his designated representative (dispatcher). Emergency messages will be entered into the transmitter after approval of the chief of police or

emergency management coordinator. Messages involving community or school items will be entered upon receipt from the city manager. Emergency or time sensitive

announcements that need to be broadcast during non-work hours may be called in directly to the police dispatcher. Other access to the transmitter outside of this procedure

will be on an emergency basis when time is critical. Emergency messages will be broadcast during the duration of the emergency. Community and school announcements

will be broadcast on a 24 hour basis, with interruptions at 8:00 a.m., 12:00 noon and 6:00 p.m. for NOAA weather broadcasts. During periods when there are no community

or school announcements, the NOAA weather broadcast will run 24 hours a day. (Ordinance 03-04-17-04 adopted 4/17/03)

Page 28 of 28


Airport Action Plan


Existing TTF Master Agreement with Rusty

Allen Airport Property Owners Association

(RAAPOA)

FUNDING COMMITMENT AND ACCESS FEE AGREEMENT FOR THE RUSTY ALLEN AIRPORT BETWEEN THE CITY OF LAGO VISTA, TX AND

RUSTY ALLEN AIRPORT PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS

COUNTY OF TRAVIS

This Funding Commitment and Access Fee Agreement (the "Agreement") for the Rusiy Allen Airport is entered into and effective as of the 1st day of March, 2009, by and between the Ciiy of Lago Vista, Texas, a Texas home-rule municipal corporation (the 11Ciiy11

), as the owner of the Rusiy Allen Airport (the 11Airport11), and

the Rusiy Allen Airport Properiy Owners Association, Inc., a Texas non-profit corporation (11RAAPOA11

), who hereby contract, covenant and agree as follows: )

Whereas, the Ciiy and RAAPOA entered into the Funding Commitment and Agreement for the Rusiy Allen Airport dated March 1, 1999; and

Whereas, the Funding Commitment and Agreement dated March l, 1999 expired on Februaty 28, 2009.

NOW THEREFORE, for and in consideration of the foregoing, together with other good and valuable consideration, the terms, conditions and mutual covenants listed in this Agreement:

Article 1. Consideration and Services By City.

Section 1. Airport Operation and Management. The Ciiy has established and provided for the operation and management of the Airport. The Ciiy shall continue to fund and provide for the operation, management, continuation or termination of the Airport as found appropriate, from time to time, by the diy council of the Ciiy.

Subject to annual appropriations, the city agrees to provide the following services under normal conditions precluding the occurrence of any catastrophic event including but not limited to:

1. Maintaining Ciiy owned runways, taxiways, airplane parking ramps and car parking lots in an operable condition.

2. Mowing the grass on the City owned airport property in accordance with ciiy codes.

3. Maintaining and keeping all lighting in an operable condition to include runway lights, rotating beacon, PAPI (precision approach path indicator) and ramp lighting in accordance with FAA standards for day, night VFR and IFR

I

conditions and pay for the electricity to operate same. 4. Maintaining the A WOS (Automatic Weather Observing System) in an

operable condition and all associated equipment and paying for the electricity and telephone service to operate same. In addition, keep and pay for the A WOS maintenance agreement with TxDot.

5. Maintain drainage on City owned airport property in an operable manner

Section 2. Capital Improvements. The City may, as appropriate in the judgment of the city council, from time to time seek state and federal grants for improvement of the Airport.

Article 2. Consideration And Performance By the RAAPOA.

Section I. Cancellation of Agreements. The RAAPOA agrees the City1s cancellation of the Lease and the O&M Agreement were material benefits to the RAAPOA and continue as good and sufficient consideration for the promises, covenants, agreements and commitments by the RAAPOA pursuant to this Agreement. The RAAPOA further agrees the modifications and amendments made to the First Agreement by this Agreement are good and sufficient consideration for this Agreement.

Section 2. Operating Payments to City. The RAAPOA shall, annually during the term of this Agreement, assess and collect funds and dues from its members sufficient for RAAPOA to pay the annual use fee provided in Section 3 to be paid by RAAPOA to the City.

Section 3. Annual Use Fee. The RAAPOA shall pay the City the sum of Twenty Thousand Dollars ($20,000.00) on or before July i •t each year during the term of this Agreement. Such use fee shall be used by the City to fund and pay a portion of the annual operating and maintenance expenses of the Airport, runways and taxiways.

The first payment will be due sixty days after this agreement is signed and all payments thereafter will be due on July Pt through 2019.

Section 4. Additional Maintenance Assessments. During the term of this Agreement, in addition to the annual use fee described in Section 3, the RAAPOA will pay the City one half of the cost and expense incurred by the City in excess of two thousand dollars ($2,000.00) but not reimbursed through some other means of any necessary major maintenance or repair of the runway, taxiway or related facilities; provided; however, that the City will make all reasonable efforts to secure funding for such maintenance and repairs through TxDot or other grants or insurance claims. The RAAPOA will assess and collect such additional funds and dues from its members sufficient for RAAPOA to mal~e any payments required under this Section.

2

Section 5. Cost of Improvements. The RAAPOA shall during the term of this Agreement collect from its members and pay to the City sufficient funds and monies to fund and pay the cost of all necessary and useful capital improvements that are made to the existing Airport environment that are not paid and funded by a state or federal grant. As a general rule financial participation by the RAAPOA on grant supported Capital Projects shall be limited to five percent ( 5%) of the total project cost unless both parties agree to other financial arrangements. Nothing herein, shall preclude the City or the RAAPOA from funding Capital Improvement on or around the Airport which are not supported by grants or that may be funded in entirety by the City or the RAAPOA; however, all Capital Improvements undertaken at the Airport are subject to the approval of the City.

Section 6. Collection of Funds. The RAAPOA shall during the term of this Agreement use all reasonably available lawful means, including but not limited to filing suit, enforcement of liens, foreclosure and denial of membership privileges, to collect from its members funds sufficient to meet its obligations pursuant to this Article 2.

The RAAPOA shall have the authority to determine and collect tenant aircraft parking fees from all property owners and airplane owners utilizing the airport; provided that fees charged to non-property owners shall be approved by the City Council.

Article 3. General Provisions.

Section 1. Term. The term of this Agreement shall be 120 months, beginning on the 1st day of March 2009, and expiring at 12:00 P.M. local time on the last day of February 2019.

Section 2. City Funding. Any and all funding by the City of Lago Vista under this agreement is subject and limited to annual appropriations as approved by the City Council. If for any fiscal year the City does not appropriate funds sufficient in the judgment of the City Council to perform the City's obligations under Article 1, Section 1, the RAAPOA may terminate this Agreement.

If the city ,materially reduces, or does not provide. the services listed in Article 1, Section 1. the Annual use fee as stated in Article 2, Section 3, shall be amended accordingly.

Section 3. Airport Property. All property, real or personal, and all assets, equipment, furniture and fixtures presently or hereafter located on the grounds and property of the Airport shall, as between the City and the RAAPOA, be and remain the property of the City. All assets, equipment, furniture, fixtures and supplies purchased with funds and monies paid by the RAAPOA to the City pursuant to this

3

Agreement shall be and become assets and property of the City immediately upon the purchase or other acquisition of such assets or property.

Section 4. Entire Agreement. This Agreement embraces the entire agreement between the parties hereto and no statement, remark, agreement, or understanding either oral or written, not contained herein shall be recognized or enforced, except that this Agreement may be modified by a vvritten addendum by and between the City and the RAAPOA. Effective as of the date of the execution of this Agreement by both parties, all other contracts, agreements and leases by and between the City and the RAAPOA are cancelled.

Section 5. Miscellaneous. (a) For the purpose of this Agreement, the singular number shall include the plural and the masculine shall include the feminine and vise-versa, whenever the context so admits or requires.

(b) The captions and headings are inserted solely for convemence of reference and are not part of nor intended to govern, limit, or aid in the construction of any provision hereof.

(c) The parties to this Agreement acknowledge and agree that they are the principals to the Agreement and have the power, right, and authority to enter into this Agreement and are not acting as an agent for the benefit of any third party.

(d) This Agreement shall be governed by the laws of the State of Texas and construed thereunder and venue of any action brought under this document shall be in Travis County, Texas.

(e) If any section, paragraph, sentence, or phrase entered in this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, such illegality or unenforceability shall not affect the remainder of this Agreement which can be given effect without the illegal or unenforceable section, paragraph, sentence, or phrase and to this end, the provisions of this Agreement are declared to be severable.

(f) The recitals hereinabove are incorporated herein and made a part of this contract.

(g) Save and except for conduct, e.g. intentional wrongful action, that may not be insured against, or that is commonly excepted from insurance coverage, the City shall be solely responsible for any liabilities or claims that may arise from or with respect to the performance, or non-performance, of the duties and responsibilities of the Parties with respect to the operation and maintenance of the Airport; provided that this provision shall not be construed to create, establish or support any benefit, right or claim for or on behalf of any third party. This provision is solely for the benefit of the City and the RAAPOA,

4

and the City will obtain and maintain such liability insurance or risk pool coverage as the City finds necessary and reasonable to insure the City and its officers and employees against any claim or cause of action arising out of the operation and maintenance of the Airport.

EXECUTED and effective, as of the 1st day of July 2009.


l'i\~ Aot+f+ , President

5

Airport Action Plan


City Zoning for Airport Environ

ABBREVIATED DESIGNATION R-0 R-1 A through G R-IM R-2 R-4

RR-A C-1 A through C-1 C C-2 C-3 C-4 C-6 C-R MI LI U-1

P, P-lA, P-lB, P-lC, P-2 G-1 POD TR-1

ZONING DISTRICTS

ZONING DISTRICT Zero Lot Line Single-family residential Mobile Home Two-Family Residential Multi-family Residential (Apartments, Townhouses and cottages) Restricted Single Family With Aircraft Professional, Business Office, Low Density Retail Commercial; Large Scale Commercial, Marina Commercial, Airport Large Commercial/Retail Zoning District Commercial. Resort Minimal Impact District Light Industrial Zoning Governmental, Educational, Industrial, Utility and Institutional, including any required equipment storage areas Park Districts Golf Courses & Supporting Facilities Planned Development District Temporary Zoning designation, no development or building authorized until permanent zoning approved

l

R-lA through R-lG-Single-Family Residential District.

Purpose. This districts are intended to include lands within, the corporate limits of the City being used, or intended to be used, fo r single-family residential purposes and associated uses. The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service.

Development Standards.

RESIDENTIAL Max Min. Living Front Setback Rear Setback Min. Side Yard Totnl Side Yard Corner Setback Building Height Impervious Area (sq. ft.) (ft.) ( ft.) Setback (ft.) Setback (ft.) (ft.) (ft.) Cover%

Single Family R-IA 50 1200 25 25 5 15 15 15 R-18 50 1500 25 25 5 15 15 15 R-IC 50 1700 25 25 5 15 15 15 (see note) R-ID 50 1200 25 25 5 15 15 18 R-IE 50 1500 25 25 5 15 15 18 R-lF 50 1500 25 25 Within Lot Lines 15 18 (above 722') R-IG 50 1800 25 25 5 15 15 18

Note-18' at The Cove

2

Permitted Uses.

Accessory Building or Use Park - Passive Bed and Breakfast Establishment - Special Use Permit Playground Churches, Temples Police Station Community Home Pumping Plant-Public Dwelling- Single Family **Realty Office- temporary Family Home Facility - must be authorized per ordinance School-Public/Private Fire Station ***Short Term Occupancy Golf Course Substation-public utility *Home Based Business Swimming Pool-private Library Telephone Exchange Livestock or Poultry shelter or care, Stable-Special Use Permit Water tank-su1face, subsurface, public

* Pennitted only in accordance with Zoning Ordinance, Exhibit A Section 16, Home Occupations.

** For additional requirements, see the building code.

***Permitted only in accordance with Zoning Ordinance, Exhibit A, Section 23, Short-Term Occupancy

3

RR-A Restricted Residential with Aircraft

P urpose. This district is available only to residential property that abuts the municipal airport at a location at which a permit may be issued in compliance with the applicable rules and regulations of the Federal Aviation Administration, the Rusty Allen Airport Prope11y Owners Association, and the applicable restrictive covenants, if any, provided in any grant or contract with a Federal or State agency. The pw-pose of this district is to provide an appropriate zoning district so that qualifying property may be used for a single family dwelling with a hangar, and has "through the fence" access to the municipal airport.


RESTRICTED LotAren % Min. Living Front Renr Setback Min. Side Yard Total S ide Yard Corner Setback Building Height RESLOENTAIL Area (sq. ft.) Setback (ft.) (ft.) Setbnck (ft.) Setback (ft.) (ft.) (ft.) WITH AlRCRAFT RR-A Res w/afrcraft 1800 25 25 5 15 15 28

Permitted Uses.

Accessory Building or Use Community Home Dwelling-single family with hangar Family home facility Fire Station *Home Based Business Livestock or Poultry Shelter of Care, Stable-Special Use Permit Pump Station-Public

* Permitted only in accordance with Zoning Ordinance, Exhibit A Section 16, Home Occupations.

11

C-4 Airport District.

Purpose. This district is intended to include lands within, the corporate limits of the City to be used for the commercial development of an airport, to include aircraft operating and refueling facilities, hangars and ramp space related to aviation. This district also provides space for financial, administrative, and business services compatible with the district's function as one focal point of community activity.


COMMERCIAL Lot Area% Min. Living Front Rear Setback Min. Side Yard Total Side Yard Corner Building C-4 Airport Area (sq. ft.) Setback (ft.) (ft.) Setback (ft.) Setback (ft.) Setback (ft.) Height (ft.) Buildings meet C-I C standards

Lots 1-2 1 100 750 if 25* 0 0 provided

Lots 22-43 100 750if 7.5 0 0 provided

Lots 44-47 100 750if 25* 0 0 provided

Lots 48-56 100 750if 0 20 0 provided

Lot 15100 Rezoned 03-04-17-03 25 25 5 15

(includes 12 un-platted parcels between 44 & 52 contiguous to Lot 57)

See Zoning Ordinace for Restrictions

18

Permitted Uses:

STRUCTURE/USE Accessorv Building or Use Parking lot, commercial Aircraft hangar, servicing, repair, operations Plumbing, HV AC, roofing suooly Cabinet shop/commercial Police station Canvas goods fabrication Pumping plant-public Carpentry shop Restaurant Drapery manufacturing School-business/commercial Electric aooliance shop/repair Studio-artist Expressing, baggage, delivery service Substation-public utility Fire Station Telephone exchange Fuel storage Tinsmith & sheet metal Heliports Upholstery shop Helistops Warehouse Marina Water tank-surface, subsurface, public Museums Wireless Communications Systems

Whole sale distribution

19

LI Light Industrial Zoning District

Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for functions related to the development of manufacturing or assembly facilities, warehouse or self storage facilities, machine shop or fabrication facility, automotive repair or body shop facilities, salvage or recycling facilities, cargo unloading or transfer facilities, electrical substations or generation facilities, asphalt or concrete production facilities, qua1Ty, mining or rock crushing facilities, and any undertakings that might involve multi-shift employment and might require a large parcel of land.


Light Industrial Lot Area% Min.Living Front Setback Rear Setback Min. Side Total Side Comer Building Area (sq.ft.) (ft.) (ft.) Yard Setback Yard Setback Setback (ft.) Height (ft.)

(ft.) (ft.)

I 60 25 25 10 20 25 35

Permitted Uses: STRUCTURE/USE Florist Accessory Bui lding or Use Food store-convenience Amphitheater Food store-supermarket Amusement arcade Fuel storage Amusement Park Furniture, aooliance store AntiQue shoo Greenhouse-wholesale Arcades-Special Use Permit Greenhouse-retail Asphalt and Concrete Production Hardware, paints, wallpaper Auditorium Health club/spa Auto Sales and Service Heliports-Special Use Permit Auto wash, Tune-Up, Repair Helistops-Soecial Use Permit Bakerv Hobby shop

24

Bank, Savings and Loan Hospital Barber, Beauty Shop Hotel Bars, Taverns, retail liquor Meat Markets Beverage, Bottling or distribution Mini warehouse (inside storage onJy) Bike/motorbike sales & service Mini warehouse (with outside storage) Billiard/Pool Rooms Mortuary Boat storage (outside) Motel Boat Sales or Service Museums Book/stationary shop Office building-commercial, .governmental Bowling alley establishment Open storage Building material sales Park-and-ride facilities Bus deoot Parking lot, Commercial Cabinet shop/commercial Pet boarding with outside run Cafeterias Pet store-no outside run Camera store Photo studio Canvas goods fabrication Plumbing, HV AC, roofing suooly Carpentrv shop Police station Carpet, rug cleaners Pumping plant-public Carting, hauling, storage warehouse Printing shoo Catering establishments Quarry, Mining, Rock Crushing Clinics (medical) Radio, TV, VCR sales/service Clothing store-men's and/or women's Radio, TV studio Club, not nightclub Realty office Coal, sand, gravel yards *Realty office-temporary Craft, hobby shop Recreation facility, commercial Dance halls Recreation Vehicle Park Dept. store, sporting goods, novelty, toy shops Restaurant Dog and cat grooming Retail store-general Drug store, soda fountain , tobacco, candy shops Service station Ory cleaning Sign Shop Electric aooliance shop/repair Specialty and novelty establishments Employment agency Storage & sale of autos, trailers, farm implements & equipment, &

similar equipment on open lot Exhibition and rodeo grounds Substation-public utility Expressing, baggage, delivery service Swimming pool-private Fabric shop Tailor & dressmaking shop

25

Farmers markets Theater-indoor Fire Station Tinsmith & sheetmetal Ice cream store Trailer, truck, bus sales Interior Decorator Upholstery shop Jewelry, optical goods Veterinary hospital, no outside run

Junk & salvage yards, all open air storage of junk, waste and salvage Vocational & Private School material-Special Use Permit Kennels-Special Use Permit Warehouse Laboratory Water tank-surface, subsurface, public Laundromat Wildlife sanctuaries Laundry-commercial Wireless Communications Systems Library Whole sale distribution Livestock or Poultry shelter or care, Stable-Special Use Permit Machine shop, metal products, welding Manufactured housing sales Manufacturing and Assembly

26

U-1 Utility, Governmental, Educational, and Institutional District.

Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for those functions which are normally supportive of governmental, educational, religious, public or City-wide activities which benefit the citizenry as a whole and often require large amounts of land.


UTILITY, Lot Area% Min. Living Front Rear Setback Min. Side Yard Total Side Yard Corner Building Height GOVERNMETAL, Aren (sq. ft.) Setback (ft.) (ft.) Setback (ft.) Setback (ft.) Setback (ft.) (ft.) EDUCATIONAL, INSTITUT IONAL

U-1 60 NIA 25 25 10 20 25 60

Permitted Uses:

Accessory Building or Use Park-Active Chapel Park- Passive Cemetery Parking Lot-Commercial Churches, Temples Pet boarding with outside run Clinics (medical) Playground College or University Police Station Community Center Pumping plant-public Fire Station Recreation facility-Commercia l Golf Course School-pub I ic/private Heliports-Special Use Permit School-business/commercial Helistops-Special Use Permit Substation-public utility Library Swimming pool-public Livestock or Poultry, shelter or care, Stable-Special Use Pennit Telephone exchange Museums Water tank-surface, subsurface, public Office , Medical & General Wireless Communications Systems

27

Airport Action Plan


Existing Height Hazard Zoning Ordinance

Lago Vista TX-Rusty Allen Airport Hazard Zoning Ordinance

No. 99-10-Js-01

An ordinance regulating and restricting the height of structures and objects of natural growth and other\vise regulating the use of property in the vicinity of the Lago Vista TXRusty Allen Airport, Lago Vista, Texas, by creating the appropriate zones and establishing the boundaries thereof, providing for restrictions of such zones and the enforce1nent of such restrictions, defining certain terms used herein, referring to the Lago Vista TX-Rusty Allen Airport Hazard Zoning Map prepared by the Texas Department of Transportation, Aviation Division, dated June 8, 1999, which is incorporated in and made a part of this ordinance, establishing a board of adjustment, and irnposing penalties.

This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Act, Tex. Local Gov't. Code Ann., §§241.001 "! ~·

It is hereby found that an airport hazard has the potential for endangering the lives and property of users of the Lago Vista TX-Rusty Allen Airport and property or occupants of land in its vicinity, that an obstn1ction may affect existing and/or future instrun1ent approach minimu1ns at the Lago Vista TXRusty Allen Airport, and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft thus tending to destroy or in1pair the utility of the Lago Vista TXRusty Allen Airport and the public investment therein. Accordingly, it is declared that:

• the Lago Vista TX-Rusty Allen Airport fulfills an essential community purpose; and

• the creation or establishment of an airport hazard has the potential of being a public nuisance and may injure the region served by the Lago Vista TX-Rusty Allen Airport; and

• it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented; and

• the prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that the prevention of the creation or establishment of airport hazards; the elimination, removal, alteration, or mitigation of airport hazards; and the marking and lighting of obstn1ctions are public purposes for which a political subdivision nlay raise and expend public funds and acquire land or interests in land.

Be it ordained by the Lago Vista-Jonestown-Travis County Joint Airport Zoning Board of the City Council of Lago Vista, Texas; the City Council of Jonestown, Texas; and the Commissioners Court of Travis County, Texas:

Section 1. Short Title - This ordinance shall be known and may be cited as the "Lago Vista TX-Rusty Allen Airport Hazard Zoning Ordinance."

Section 2.

A.

B.

c.

D.

E.

Definitions - As used in ihis ordinance, unless the context otherwise requires:

Ad1ninistrativc Agency - The appropriate office of a political subdivision which is responsible for the administration and enforcen1ent of the zoning regulations prescribed by this ordinance. The office of the City Manager of Lago Vista, Texas, is the Adn1inistrative Agency.

Airport - The Lago Vista TX-Rusty Allen Airport, Lago Vista, Texas.

Airport Advisory Board - A board which advises the Administrative Agency on airport and aeronautical matters.

Airport Elevation - The established elevation of the highest point on the usable landing area, either existing or planned, measured in feet above n1ean sea level (MSL). The airport elevation of the Lago Vista TX-Rusty Allen Airport is one-thousand twohundred thirty and three-tenths (1230.3) feet above mean sea level (MSL).

Airport Ilazard - Any stn1cture, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft or obstructs or interferes with the control, tracking, and/or data acquisition in the landing, takeoff, or flight at an airport or any installation or facility relating to flight, tracking, and/or data acquisition of the flight craft; is hazardous to, interferes with, or obstructs such landing, takeoff, or flight of aircraft; or is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.

F. Airport Hazard Area - An area of land or water upon which an airport hazard might be established if not prevented as provided by this ordinance.

G. Approach Surface - A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface and at the same slope as the approach zone height lin1itation slope set forth in Section 4 of this ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

H. Approach, Transitional, Horizontal, and Conical Zones - These zones are set forth in Section 3 of this ordinance.

I. Board of Adjustment - A board so designated or appointed by the City Conncil of Lago Vista, Texas, as provided by Tex. Local Gov't. Code Ann., §241.032.

J. Conical Surface - A surface extending outward and upward fro111 the periphery of the horizontal surface at a slope of twenty (20) feet horizontally for each one (1) foot vertically for a horizontal distance of four-thousand (4,000) feet.

K. Hazard to Air Navigation - An obstruction or use of land determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

L. Height - For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.

M. Horizontal Surface - A horizontal plane one-hundred fifty (150) feet above the established airport elevation which in plan coincides with the perimeter of the horizontal zone.

N. Nonconforming Structure or Use - Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance.

0. Nonprecision Instrument (NPI) Ru1nvay - A runway having an existing instnunent approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment or a runway for which a nonprecision instrument approach procedure has been approved or planned.

P. Obstruction - Any stn1cture, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section 4 of this ordinance or is an airport hazard.

Q. Person - An individual, finn, partnership, corporation, company, association, joint stock association, or body politic and includes a trustee, receiver, assignee, ad1ninistrator, executor, guardian, or other representative.

R. Printary Surface -A surface longitudinally centered on a runway. When a runway has an existing or planned specially prepared hard surface, the primary surface extends twohundred (200) feet beyond each end of that runway. The width of the primary surface will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach, existing or planned, for either end of that runway. The elevation of any point on the primary surface is the same as the nearest point on the runway centerline. The width of the primary surface is five-hundred (500) feet for a utility n1nway having an existing or planned nonprecision instrun1ent approach.

S. Runway - A defined area on an airport prepared for the landing and taking off of aircraft along its length. The zoned length of Runway 15-33 at the Lago Vista TX-Rusty Allen Airport is four-thousand two-hundred ( 4,200) feet.

T. Structure - An object, including a mobile object, constructed or installed by man including, but not limited to buildings, towers, cranes, sn1okestacks, earth formations, and overhead transmission or power lines.

U. Transitional Surfaces - Surfaces extending outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary surface and the approach surfaces to where they intersect the horizontal surface.

V. Tree -Any object of natural growth.

W. Utility R111n-vay - A runway constructed for and intended lo be used by propeller driven aircrafl of twelve-thousand five-hundred (12,500) pounds n1aximun1 gross weight and less. Runway 15-33 at the Lago Vista TX-Rusty Allen Airport is considered as a utility runway.

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SectiOn 3. Zones - In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surface, and conical surface as they apply to the Lago Vista TX-Rusty Allen Airport, Lago Vista, Texas. Such surfaces are shown on the Lago Vista TX-Rusty Allen Airport Hazard Zoning Map consisting of one (1) sheet, prepared by the Texas Department of Transportation, Aviation Division, Austin, Texas, and dated June 8, 1999, which is attached to this ordinance and made a part hereof. An area located in tnore than one of the following zones is considered to be only in the zone with the 1nore restrictive height limitation. The various zones are hereby established and defined as follows:

A. Approach Zones - Approach zones are hereby established beneath the approach surfaces at each end of Runway 15-33 at the Lago Vista TX-Rusty Allen Airport for a utility runway with ultimate nonprecision instrument landings and takeoffs. Each approach zone shall have an inner edge width of five-hundred (500) feet, which coincides with the width of the primary surface at a distance of two-hundred (200) feet beyond each n1nway end, widening thereafter unifonnly to a width of two-thousand (2,000) feet at a horizontal distance of five-thousand (5,000) feet beyond each end of the primary surface. The centerline of the approach zones are the continuation of the centerline of the runway.

B. Transitional Zones - Transitional zones are hereby established beneath the transitional surfaces for the runway. Transitional surfaces, synunetrically located on either side of the runway, have variable widths as shown on the hazard zoning map. Transitional surfaces extend outward at right angles to the runway centerline and the n1nway centerline exlended fro1n the periphery of the prin1ary surface and the approach surfaces to where they intersect the horizontal surface.

C. Horizontal Zone - A horizontal zone is hereby established beneath the horizontal surface which is a plane one-hundred fifty (150) feet above the established airport elevation, the perimeter of which is constn1cted by swinging arcs of five-thousand (5,000) feet radii from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.

D. Conical Zone - A conical zone is hereby established beneath the conical surface which extends outward from the periphery of the horizontal surface for a horizontal distance of four-thousand (4,000) feet.

Section 4. Height Linlitations - Except as otherwise provided in this ordinance, no stn1cture shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this ordinance to a height in excess of the applicable height limit herein established for such zone or as excepted in Paragraph E. of this Section. Such applicable height limitations are hereby established for each of the zones in question as follo\vs:

A. Approach Zones - Slope one (1) foot in height for each twenty (20) feet in horizontal distance beginning at each end of and at the same elevation as the primary surface and extending to points five-thousand (5,000) feet from each end of primary surface.

B. Transitional Zones - Slope one (1) foot in height for each seven (7) feet in horizontal distance beginning at the sides of and at the same elevation as the primary surface and the approach surfaces and extending to a height of one-hundred fifty (150) feet above the airport elevation, or to a height of one-thousand three-hundred eighty and three-tenths (1380.3) feet above mean sea level.

C. Horizontal Zone - Established at one-hundred filly (150) feet above the airport elevation, or at a height of one-thousand three-hundred eighty and three-tenths (1380.3) feet above nlean sea level.

D. Conical Zone - Slopes one (1) foot in height for each twenty (20) feet in horizontal distance beginning at the periphery of the horizontal zone and at one-hundred fifty (150) feet above the airport elevation and extending to a height of three-hundred fifty (350) feet above the airport elevation, or to a height of one-thousand five-hundred eighty and threetenths (1580.3) feet above mean sea level.

E. Excepted l{eight I...imitation - Nothing in this ordinance shall be construed as prohibiting the gro1vth, coustructio11, or 111ai11te11a11ce of a11y structure or tree lo a /le/gill of up to fifty mil feet above tile 911rft1ce oft/le /a11d at Its locat/011.

Section 5. Land Use Restrictions - Notwithstanding any other provision of this ordinance, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create potential bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.

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Section 6.

A.

B.

Section 7.

A.

Nonconfornting Uses

Regulations not Retroactive - The regulations prescribed by this ordinance shall not be constn1ed as to require the re1noval, lowering, or other change or alteration of any structure or tree or use of land not confonning to the regulations as of the effective date of this ordinance or otherwise interfere with the continuance of any nonconfom1ing use. Except as provided in the following provision of this Section, nothing herein contained shall require any change in the constn1ction, alteration, or intended use of any structure, the construction or alternation of which was begun prior to the effective date of this ordinance and is diligently prosecuted.

Lighting, Marking, and Trimming - Notwithstanding the preceding provision of this Section, the owner of any nonconfonning structure or tree is hereby required to pennit the installation, operation, and n1aintenance thereon of such markers and lights as shall be deemed necessary by the Administrative Agency to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Lago Vista, Texas. Should any tree exempted from the zoning regulations by Section 6, par. A, grow to a greater height than it was on the effective date of this ordinance, the owner of such tree is hereby required to trin1 or cut such tree to a height equal to or less than it was as of the effective date of this ordinance.

Such trimming or cutting shall be at the expense of the owner of such tree or, if deemed appropriate by the Administrative Agency or the board of adjustment, at the expense of the City of Lago Vista, Texas.

Permits and Variances

Future Uses - Except as specifically provided hereunder, no structure shall be erected or otherwise established and no tree shall be pennitted to grow in any zone hereby created in excess of the excepted height limitation allowed in Section 4, par. E, and no material change shall be made in the use of land that would create a hazardous condition as described in Section 5 unless a pennit therefor shall have been applied for and granted by the Administrative Agency. Each application for a pennit shall indicate the purpose for which the pennit is desired with sufficient particularity to allow it to be detennined whether the resulting structure, tree, or use would confonn to the regulations herein prescribed. If such detennination is in the affinnative, the permit shall be granted. No pennit allowing inconsistency with the provisions of this ordinance shall be granted unless a variance has been applied for and granted in accordance with Section 7, par. D.

In the area lying within the Ji1nits of the horizontal zone and conical zone, no pennit shall be required for any structure or tree less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such stn1cture or tree would extend above the height limits prescribed for such zones.

Nothing contained in the foregoing exception shall be construed as permitting or intending to pennit any construction or alteration of any structure or growth of any tree in excess of the height limits established by this ordinance except as set forth in Section 4, par. E.

B. Existing Uses - No permit shall be granted that would allow a nonconfonning use, structure, or tree to be made or become higher or beco111e a greater hazard to' air navigation than it was on the effective date of this ordinance.

C. Nonconfor1ning Uses Abandoned or Destroyed - Whenever the Administrative Agency detennines that a nonconfonning stn1cture or tree has been removed, tom down, physically deteriorated, or decayed, the owner of such structure or tree must apply for and receive a pennit to rebuild or repair such structure or replace such tree, and the permit shall be granted. However, no pennit shall be granted which would allow such structure or tree to exceed its original height or otheiwise deviate from the zoning regulations.

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D. Variances - Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use his property in violation of the regulations prescribed in this ordinance must apply to the board of adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this ordinance. If an airport advisory board exists for the City of Lago Vista, Texas, no application for variance to the requirements of this ordinance may be considered by the board of adjustment unless a copy of the application has been furnished to that airport advisory board for advice as to the aeronautical effects of the requested variance. If an airport advisory board does not exist or does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application.

E. Obstruction Marking and Lighting - Any pennit or variance granted may, if such action is deemed advisable by the Administrative Agency or the board of adjustment, be so conditioned as to require the owner of the structure in question to install, operate, and maintain such markings and lights as may be necessary. Such marking and lighting to be installed, operated, and maintained at the expense of the owner of such structure or tree or, if deemed proper by the board of adjustment, this condition may be modified by the board of adjustn1ent to require the City of Lago Vista, Texas, to install, operate, and maintain, at its own expense, such markings and lights.

Section 8. Enforcement - It shall be the duty of the City Manager of Lago Vista, Texas, to administer and enforce the regulations prescribed herein and is designated as the Administrative Agency. Applications for permits shall be made to the office of the Administrative Agency and shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustment by first filing said application for variance with the office of the Administrative Agency who shall forthwith transmit said application to the board of adjustment for determination.

Section 9.

A.

Board of Adjustn1ent

The Board of Adjustment of the City of Lago Vista is hereby designated as the board of adjustment for the purposes of this ordinance and shall have and exercise the following powers:

(I) to hear and decide appeals from any order, requirement, decision, or determination made by the Administrative Agency in the administration or enforcement of this ordinance;

(2) to hear and decide special exceptions to the terms of an airport zoning regulation when the regulation requires the board to do so; and

(3) to hear and decide specific variances.

B. The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this ordinance. Meetings of the board of adjustment shall be held at the call of the chairman and at such times as the board of adjustment may determine. The chairman, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or if any men1ber is absent or fails to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board of adjustment or in the office of the City Secretary of Lago Vista, Texas. All such records shall be a public record.

C. The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this ordinance.

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D. The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Agency, to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance as provided in the Tex. Local Gov't. Code Ann., §241.032 (d).

Section 10. Appeals

A. Any person aggrieved or any taxpayer affected by any decision of the Administrative Agency made in the administration of this ordinance may appeal to the board of adjustment. The same right of appeal is extended to the governing bodies of the City of Lago Vista, Texas; the City of Jonestown, Texas; and Travis County, Texas.

B. All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment by filing a notice of appeal with the Administrative Agency specifying the grounds for the appeal. The Administrative Agency shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.

C. An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrative Agency certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of the Administrative Agency, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the Administrative Agency and on due cause shown.

D. The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, and/or by attorney.

E. The board of adjustment may reverse or affirm, in whole or in part, or modify the Administrative Agency's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for this purpose the board of adjustment has the same authority as the Administrative Agency.

Section 11. Judicial Review - Any person who is aggrieved or any taxpayer affected by any decision of the board of adjustment may appeal to a court of competent jurisdiction as provided by Tex. Local Gov't. Code Ann., §241.041. This same right of appeal is extended to the governing bodies of the City of Lago Vista, Texas~ City of Jonestown, Texas and Travis County, Texas.

Section 12. Enfol'cement and Rentedies - The City of Lago Vista, Texas, may institute in a court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this ordinance or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by Tex. Local Gov't. Code Ann., §241.044.

Section 13. Penalties - Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than $200; and each day a violation continues to exist shall constitute a separate offense.

Section 14. Conflicting Regulations - Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulation applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail as provided by Tex. Local Gov't. Code Ann, §241.901 and §241.902.

Section 15. Severability-lf any of the provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this ordinance are declared to be severable.

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Section 16. Duties of Joint Airport Zoning Board - Six (6) months following the date of adoption of this Lago Vista TX-Rusty Allen Airport Hazard Zoning Ordinance, the duties, responsibilities, and authority of the Lago Vista-Jonestown-Travis County Joint Airport Zoning Board will cease and the Lago Vista-Jonestown-Travis County Joint Airport Zoning Board shall be dissolved.

Section 17. Effective Date- Whel'eas, the immediate operation of the provisions of this ordinance is necessary for the preservation of the public health, safety, and general welfare, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage by the Lago Vista-Jonestown-Travis County Joint Airport Zoning Board and its publication and posting as required by law.

Adopted by the Lago Vista-Jonestown-Travis County Joint Airport Zoning Board

this /£""' dayof~ 199']_

Attest:~ (}-~ City Secretary of Lago Vista, Texas

JOYCE W. STAPLETON

Chairman, Lago Vista onestown-Travis County Joint Airport Zoning Board JAMES GILCHRIST

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Airport Action Plan


City 2030 Comprehensive Plan Future Land Use

Map

Figure 9. Future Land Use Map

Note: A comprehensive plan shall not constitute zoning district regulations or establish zoning district boundaries.

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Low Density Residential

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-

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Sec. 145. Use of apportioned amounts. Sec. 146. Designating current and former military airports. Sec. 147. Contract tower program. Sec. 148. Resolution of disputes concerning airport fees. Sec. 149. Sale of private airports to public sponsors. Sec. 150. Repeal of certain limitations on Metropolitan Washington Airports Au-

thority. Sec. 151. Midway Island Airport. Sec. 152. Miscellaneous amendments. Sec. 153. Extension of grant authority for compatible land use planning and

projects by State and local governments. Sec. 154. Priority review of construction projects in cold weather States. Sec. 155. Study on national plan of integrated airport systems. Sec. 156. Airport privatization program.

TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION

Sec. 201. Definitions. Sec. 202. NextGen demonstrations and concepts. Sec. 203. Clarification of authority to enter into reimbursable agreements. Sec. 204. Chief NextGen Officer. Sec. 205. Definition of air navigation facility. Sec. 206. Clarification to acquisition reform authority. Sec. 207. Assistance to foreign aviation authorities. Sec. 208. Next Generation Air Transportation System Joint Planning and Develop-

ment Office. Sec. 209. Next Generation Air Transportation Senior Policy Committee. Sec. 210. Improved management of property inventory. Sec. 211. Automatic dependent surveillance-broadcast services. Sec. 212. Expert review of enterprise architecture for NextGen. Sec. 213. Acceleration of NextGen technologies. Sec. 214. Performance metrics. Sec. 215. Certification standards and resources. Sec. 216. Surface systems acceleration. Sec. 217. Inclusion of stakeholders in air traffic control modernization projects. Sec. 218. Airspace redesign. Sec. 219. Study on feasibility of development of a public internet web-based re-

source on locations of potential aviation obstructions. Sec. 220. NextGen research and development center of excellence. Sec. 221. Public-private partnerships. Sec. 222. Operational incentives. Sec. 223. Educational requirements. Sec. 224. Air traffic controller staffing initiatives and analysis. Sec. 225. Reports on status of greener skies project.

TITLE III—SAFETY

Subtitle A—General Provisions Sec. 301. Judicial review of denial of airman certificates. Sec. 302. Release of data relating to abandoned type certificates and supplemental

type certificates. Sec. 303. Design and production organization certificates. Sec. 304. Cabin crew communication. Sec. 305. Line check evaluations. Sec. 306. Safety of air ambulance operations. Sec. 307. Prohibition on personal use of electronic devices on flight deck. Sec. 308. Inspection of repair stations located outside the United States. Sec. 309. Enhanced training for flight attendants. Sec. 310. Limitation on disclosure of safety information. Sec. 311. Prohibition against aiming a laser pointer at an aircraft. Sec. 312. Aircraft certification process review and reform. Sec. 313. Consistency of regulatory interpretation. Sec. 314. Runway safety. Sec. 315. Flight Standards Evaluation Program. Sec. 316. Cockpit smoke. Sec. 317. Off-airport, low-altitude aircraft weather observation technology. Sec. 318. Feasibility of requiring helicopter pilots to use night vision goggles. Sec. 319. Maintenance providers. Sec. 320. Study of air quality in aircraft cabins. Sec. 321. Improved pilot licenses.

Subtitle B—Unmanned Aircraft Systems Sec. 331. Definitions.

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Sec. 332. Integration of civil unmanned aircraft systems into national airspace sys-tem.

Sec. 333. Special rules for certain unmanned aircraft systems. Sec. 334. Public unmanned aircraft systems. Sec. 335. Safety studies. Sec. 336. Special rule for model aircraft.

Subtitle C—Safety and Protections Sec. 341. Aviation Safety Whistleblower Investigation Office. Sec. 342. Postemployment restrictions for flight standards inspectors. Sec. 343. Review of air transportation oversight system database. Sec. 344. Improved voluntary disclosure reporting system. Sec. 345. Duty periods and flight time limitations applicable to flight crewmembers. Sec. 346. Certain existing flight time limitations and rest requirements. Sec. 347. Emergency locator transmitters on general aviation aircraft.

TITLE IV—AIR SERVICE IMPROVEMENTS

Subtitle A—Passenger Air Service Improvements Sec. 401. Smoking prohibition. Sec. 402. Monthly air carrier reports. Sec. 403. Musical instruments. Sec. 404. Extension of competitive access reports. Sec. 405. Airfares for members of the Armed Forces. Sec. 406. Review of air carrier flight delays, cancellations, and associated causes. Sec. 407. Compensation for delayed baggage. Sec. 408. DOT airline consumer complaint investigations. Sec. 409. Study of operators regulated under part 135. Sec. 410. Use of cell phones on passenger aircraft. Sec. 411. Establishment of advisory committee for aviation consumer protection. Sec. 412. Disclosure of seat dimensions to facilitate the use of child safety seats on

aircraft. Sec. 413. Schedule reduction. Sec. 414. Ronald Reagan Washington National Airport slot exemptions. Sec. 415. Passenger air service improvements.

Subtitle B—Essential Air Service Sec. 421. Limitation on essential air service to locations that average fewer than

10 enplanements per day. Sec. 422. Essential air service eligibility. Sec. 423. Essential air service marketing. Sec. 424. Notice to communities prior to termination of eligibility for subsidized es-

sential air service. Sec. 425. Restoration of eligibility to a place determined to be ineligible for sub-

sidized essential air service. Sec. 426. Adjustments to compensation for significantly increased costs. Sec. 427. Essential air service contract guidelines. Sec. 428. Essential air service reform. Sec. 429. Small community air service. Sec. 430. Repeal of essential air service local participation program. Sec. 431. Extension of final order establishing mileage adjustment eligibility.

TITLE V—ENVIRONMENTAL STREAMLINING Sec. 501. Overflights of national parks. Sec. 502. State block grant program. Sec. 503. Airport funding of special studies or reviews. Sec. 504. Grant eligibility for assessment of flight procedures. Sec. 505. Determination of fair market value of residential properties. Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less

not complying with stage 3 noise levels. Sec. 507. Aircraft departure queue management pilot program. Sec. 508. High performance, sustainable, and cost-effective air traffic control facili-

ties. Sec. 509. Sense of Congress. Sec. 510. Aviation noise complaints. Sec. 511. Pilot program for zero-emission airport vehicles. Sec. 512. Increasing the energy efficiency of airport power sources.

TITLE VI—FAA EMPLOYEES AND ORGANIZATION Sec. 601. Federal Aviation Administration personnel management system. Sec. 602. Presidential rank award program.


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Sec. 603. Collegiate training initiative study. Sec. 604. Frontline manager staffing. Sec. 605. FAA technical training and staffing. Sec. 606. Safety critical staffing. Sec. 607. Air traffic control specialist qualification training. Sec. 608. FAA air traffic controller staffing. Sec. 609. Air traffic controller training and scheduling. Sec. 610. FAA facility conditions. Sec. 611. Technical correction.

TITLE VII—AVIATION INSURANCE Sec. 701. General authority. Sec. 702. Extension of authority to limit third-party liability of air carriers arising

out of acts of terrorism. Sec. 703. Clarification of reinsurance authority. Sec. 704. Use of independent claims adjusters.

TITLE VIII—MISCELLANEOUS Sec. 801. Disclosure of data to Federal agencies in interest of national security. Sec. 802. FAA authority to conduct criminal history record checks. Sec. 803. Civil penalties technical amendments. Sec. 804. Consolidation and realignment of FAA services and facilities. Sec. 805. Limiting access to flight decks of all-cargo aircraft. Sec. 806. Consolidation or elimination of obsolete, redundant, or otherwise unneces-

sary reports; use of electronic media format. Sec. 807. Prohibition on use of certain funds. Sec. 808. Study on aviation fuel prices. Sec. 809. Wind turbine lighting. Sec. 810. Air-rail code sharing study. Sec. 811. D.C. Metropolitan Area Special Flight Rules Area. Sec. 812. FAA review and reform. Sec. 813. Use of mineral revenue at certain airports. Sec. 814. Contracting. Sec. 815. Flood planning. Sec. 816. Historical aircraft documents. Sec. 817. Release from restrictions. Sec. 818. Sense of Congress. Sec. 819. Human Intervention Motivation Study. Sec. 820. Study of aeronautical mobile telemetry. Sec. 821. Clarification of requirements for volunteer pilots operating charitable

medical flights. Sec. 822. Pilot program for redevelopment of airport properties. Sec. 823. Report on New York City and Newark air traffic control facilities. Sec. 824. Cylinders of compressed oxygen or other oxidizing gases. Sec. 825. Orphan aviation earmarks. Sec. 826. Privacy protections for air passenger screening with advanced imaging

technology. Sec. 827. Commercial space launch license requirements. Sec. 828. Air transportation of lithium cells and batteries. Sec. 829. Clarification of memorandum of understanding with OSHA. Sec. 830. Approval of applications for the airport security screening opt-out pro-

gram.

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Definitions. Sec. 903. Unmanned aircraft systems. Sec. 904. Research program on runways. Sec. 905. Research on design for certification. Sec. 906. Airport cooperative research program. Sec. 907. Centers of excellence. Sec. 908. Center of excellence for aviation human resource research. Sec. 909. Interagency research on aviation and the environment. Sec. 910. Aviation fuel research and development program. Sec. 911. Research program on alternative jet fuel technology for civil aircraft. Sec. 912. Review of FAA’s energy-related and environment-related research pro-

grams. Sec. 913. Review of FAA’s aviation safety-related research programs. Sec. 914. Production of clean coal fuel technology for civilian aircraft. Sec. 915. Wake turbulence, volcanic ash, and weather research. Sec. 916. Reauthorization of center of excellence in applied research and training

in the use of advanced materials in transport aircraft.


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Sec. 917. Research and development of equipment to clean and monitor the engine and APU bleed air supplied on pressurized aircraft.

Sec. 918. Expert review of enterprise architecture for NextGen. Sec. 919. Airport sustainability planning working group.

TITLE X—NATIONAL MEDIATION BOARD Sec. 1001. Rulemaking authority. Sec. 1002. Runoff election rules. Sec. 1003. Bargaining representative certification. Sec. 1004. Oversight.

TITLE XI—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

Sec. 1100. Amendment of 1986 code. Sec. 1101. Extension of taxes funding airport and airway trust fund. Sec. 1102. Extension of airport and airway trust fund expenditure authority. Sec. 1103. Treatment of fractional aircraft ownership programs. Sec. 1104. Transparency in passenger tax disclosures. Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical aircraft. Sec. 1106. Rollover of amounts received in airline carrier bankruptcy. Sec. 1107. Termination of exemption for small jet aircraft on nonestablished lines. Sec. 1108. Modification of control definition for purposes of section 249.

TITLE XII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010 Sec. 1201. Compliance provision.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. EFFECTIVE DATE.

Except as otherwise expressly provided, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

TITLE I—AUTHORIZATIONS

Subtitle A—Funding of FAA Programs

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.

(a) AUTHORIZATION.—Section 48103 is amended to read as fol-lows:

‘‘§ 48103. Airport planning and development and noise compatibility planning and programs

‘‘(a) IN GENERAL.—There shall be available to the Secretary of Transportation out of the Airport and Airway Trust Fund estab-lished under section 9502 of the Internal Revenue Code of 1986 to make grants for airport planning and airport development under section 47104, airport noise compatibility planning under section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c) $3,350,000,000 for each of fiscal years 2012 through 2015.

‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made available under subsection (a) shall remain available until expended.’’.

(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended in the matter preceding paragraph (1) by striking ‘‘After’’ and

49 USC 40101 note.


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all the follows before ‘‘the Secretary’’ and inserting ‘‘After September 30, 2015,’’.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48101(a) is amended by striking paragraphs (1) through (8) and inserting the following:

‘‘(1) $2,731,000,000 for fiscal year 2012. ‘‘(2) $2,715,000,000 for fiscal year 2013. ‘‘(3) $2,730,000,000 for fiscal year 2014. ‘‘(4) $2,730,000,000 for fiscal year 2015.’’.

(b) SET-ASIDES.—Section 48101 is amended— (1) by striking subsections (c), (d), (e), (h), and (i); and (2) by redesignating subsections (f) and (g) as subsections

(c) and (d), respectively.

SEC. 103. FAA OPERATIONS.

(a) IN GENERAL.—Section 106(k)(1) is amended by striking sub-paragraphs (A) through (H) and inserting the following:

‘‘(A) $9,653,000,000 for fiscal year 2012; ‘‘(B) $9,539,000,000 for fiscal year 2013; ‘‘(C) $9,596,000,000 for fiscal year 2014; and ‘‘(D) $9,653,000,000 for fiscal year 2015.’’.

(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) is amended—

(1) by striking subparagraphs (A), (B), (C), and (D); (2) by redesignating subparagraphs (E), (F), and (G) as

subparagraphs (A), (B), and (C), respectively; and (3) in subparagraphs (A), (B), and (C) (as so redesignated)

by striking ‘‘2004 through 2007’’ and inserting ‘‘2012 through 2015’’. (c) AUTHORITY TO TRANSFER FUNDS.—Section 106(k) is

amended by adding at the end the following: ‘‘(3) ADMINISTERING PROGRAM WITHIN AVAILABLE

FUNDING.—Notwithstanding any other provision of law, in each of fiscal years 2012 through 2015, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety-related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).’’.

SEC. 104. FUNDING FOR AVIATION PROGRAMS.

(a) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—Section 48114(a)(1)(A) is amended to read as follows:

‘‘(A) IN GENERAL.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal year pursuant to sections 48101, 48102, 48103, and 106(k) shall—

‘‘(i) in fiscal year 2013, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and

‘‘(ii) in fiscal year 2014 and each fiscal year there-after, be equal to the sum of—

Determination.


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‘‘(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and

‘‘(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.

Such amounts may be used only for the aviation investment programs listed in subsection (b)(1).’’.

(b) TECHNICAL CORRECTION.—Section 48114(a)(1)(B) is amended by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b)(1)’’.

(c) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE GENERAL FUND.—Section 48114(a)(2) is amended by striking ‘‘2007’’ and inserting ‘‘2015’’.

(d) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST DEFINED.— Section 48114(b)(2) is amended—

(1) in the paragraph heading by striking ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and

(2) by striking ‘‘level of receipts plus interest’’ and inserting ‘‘estimated level of receipts plus interest’’. (e) ENFORCEMENT OF GUARANTEES.—Section 48114(c)(2) is

amended by striking ‘‘2007’’ and inserting ‘‘2015’’. SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION

SYSTEM PROJECTS.

Section 44501(b) is amended— (1) in paragraph (3) by striking ‘‘and’’ after the semicolon; (2) in paragraph (4)(B) by striking ‘‘defense.’’ and inserting

‘‘defense; and’’; and (3) by adding at the end the following: ‘‘(5) a list of capital projects that are part of the Next

Generation Air Transportation System and funded by amounts appropriated under section 48101(a).’’.

Subtitle B—Passenger Facility Charges

SEC. 111. PASSENGER FACILITY CHARGES.

(a) PFC DEFINED.—Section 40117(a)(5) is amended to read as follows:

‘‘(5) PASSENGER FACILITY CHARGE.—The term ‘passenger facility charge’ means a charge or fee imposed under this sec-tion.’’. (b) PILOT PROGRAM FOR PFC AUTHORIZATIONS AT NONHUB AIR-

PORTS.—Section 40117(l) is amended— (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7).

(c) CORRECTION OF REFERENCES.— (1) SECTION 40117.—Section 40117 is amended—

(A) in the section heading by striking ‘‘fees’’ and inserting ‘‘charges’’;

(B) in the heading for subsection (e) by striking ‘‘FEES’’ and inserting ‘‘CHARGES’’;

(C) in the heading for subsection (l) by striking ‘‘FEE’’ and inserting ‘‘CHARGE’’;


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(D) in the heading for paragraph (5) of subsection (l) by striking ‘‘FEE’’ and inserting ‘‘CHARGE’’;

(E) in the heading for subsection (m) by striking ‘‘FEES’’ and inserting ‘‘CHARGES’’;

(F) in the heading for paragraph (1) of subsection (m) by striking ‘‘FEES’’ and inserting ‘‘CHARGES’’;

(G) by striking ‘‘fee’’ each place it appears (other than the second sentence of subsection (g)(4)) and inserting ‘‘charge’’; and

(H) by striking ‘‘fees’’ each place it appears and inserting ‘‘charges’’. (2) OTHER REFERENCES.—

(A) Subtitle VII is amended by striking ‘‘fee’’ and inserting ‘‘charge’’ each place it appears in each of the following sections:

(i) Section 47106(f)(1). (ii) Section 47110(e)(5). (iii) Section 47114(f). (iv) Section 47134(g)(1). (v) Section 47139(b). (vi) Section 47521. (vii) Section 47524(e). (viii) Section 47526(2).

(B) Section 47521(5) is amended by striking ‘‘fees’’ and inserting ‘‘charges’’. (3) CLERICAL AMENDMENT.—The analysis for chapter 401

is amended by striking the item relating to section 40117 and inserting the following:

‘‘40117. Passenger facility charges.’’.

SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.

(a) IN GENERAL.—The Comptroller General of the United States shall conduct a study of alternative means of collecting passenger facility charges imposed under section 40117 of title 49, United States Code, that would permit such charges to be collected without being included in the ticket price. In conducting the study, the Comptroller General shall consider, at a minimum—

(1) collection options for arriving, connecting, and departing passengers at airports;

(2) cost sharing or allocation methods based on passenger travel to address connecting traffic; and

(3) examples of airport charges collected by domestic and international airports that are not included in ticket prices. (b) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the study, including the Comptroller General’s findings, conclusions, and recommendations.

SEC. 113. QUALIFICATIONS-BASED SELECTION.

It is the sense of Congress that airports should consider the use of qualifications-based selection in carrying out capital improve-ment projects funded using passenger facility charges collected under section 40117 of title 49, United States Code, with the goal of serving the needs of all stakeholders.


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Subtitle C—Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

(a) ESTABLISHMENT AND ADJUSTMENT OF FEES.—Section 45301(b) is amended to read as follows:

‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— ‘‘(1) IN GENERAL.—In establishing and adjusting fees under

this section, the Administrator shall ensure that the fees are reasonably related to the Administration’s costs, as determined by the Administrator, of providing the services rendered.

‘‘(2) SERVICES FOR WHICH COSTS MAY BE RECOVERED.—Serv-ices for which costs may be recovered under this section include the costs of air traffic control, navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States.

‘‘(3) LIMITATIONS ON JUDICIAL REVIEW.—Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review:

‘‘(A) The establishment or adjustment of a fee by the Administrator under this section.

‘‘(B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination.

‘‘(C) An allocation of costs by the Administrator under paragraph (1) to services provided, and the processes and procedures applied by the Administrator when establishing such allocation. ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this section shall

require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace.

‘‘(5) COSTS DEFINED.—In this subsection, the term ‘costs’ includes operation and maintenance costs, leasing costs, and overhead expenses associated with the services provided and the facilities and equipment used in providing such services.’’. (b) ADJUSTMENT OF FEES.—Section 45301 is amended by adding

at the end the following: ‘‘(e) ADJUSTMENT OF FEES.—In addition to adjustments under

subsection (b), the Administrator may periodically adjust the fees established under this section.’’. SEC. 122. REGISTRATION FEES.

(a) IN GENERAL.—Chapter 453 is amended by adding at the end the following:

‘‘§ 45305. Registration, certification, and related fees ‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to subsection (b),

the Administrator of the Federal Aviation Administration shall establish and collect a fee for each of the following services and activities of the Administration that does not exceed the estimated costs of the service or activity:

‘‘(1) Registering an aircraft.

49 USC 45305.


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‘‘(2) Reregistering, replacing, or renewing an aircraft reg-istration certificate.

‘‘(3) Issuing an original dealer’s aircraft registration certifi-cate.

‘‘(4) Issuing an additional dealer’s aircraft registration cer-tificate (other than the original).

‘‘(5) Issuing a special registration number. ‘‘(6) Issuing a renewal of a special registration number

reservation. ‘‘(7) Recording a security interest in an aircraft or aircraft

part. ‘‘(8) Issuing an airman certificate. ‘‘(9) Issuing a replacement airman certificate. ‘‘(10) Issuing an airman medical certificate. ‘‘(11) Providing a legal opinion pertaining to aircraft reg-

istration or recordation. ‘‘(b) LIMITATION ON COLLECTION.—No fee may be collected under

this section unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

‘‘(c) FEES CREDITED AS OFFSETTING COLLECTIONS.— ‘‘(1) IN GENERAL.—Notwithstanding section 3302 of title

31, any fee authorized to be collected under this section shall— ‘‘(A) be credited as offsetting collections to the account

that finances the activities and services for which the fee is imposed;

‘‘(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting the fee; and

‘‘(C) remain available until expended. ‘‘(2) CONTINUING APPROPRIATIONS.—The Administrator may

continue to assess, collect, and spend fees established under this section during any period in which the funding for the Federal Aviation Administration is provided under an Act pro-viding continuing appropriations in lieu of the Administration’s regular appropriations.

‘‘(3) ADJUSTMENTS.—The Administrator shall adjust a fee established under subsection (a) for a service or activity if the Administrator determines that the actual cost of the service or activity is higher or lower than was indicated by the cost data used to establish such fee.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 453 is

amended by adding at the end the following:

‘‘45305. Registration, certification, and related fees.’’.

(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR TRANSPOR-TATION.—Section 45302(e) is amended—

(1) by striking ‘‘A fee’’ and inserting the following: ‘‘(1) IN GENERAL.—A fee’’; and (2) by adding at the end the following: ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may

not be imposed for a service or activity under this section during any period in which a fee for the same service or activity is imposed under section 45305.’’.


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Subtitle D—Airport Improvement Program Modifications

SEC. 131. AIRPORT MASTER PLANS.

Section 47101(g)(2) is amended— (1) in subparagraph (B) by striking ‘‘and’’ at the end; (2) by redesignating subparagraph (C) as subparagraph

(D); and (3) by inserting after subparagraph (B) the following:

‘‘(C) consider passenger convenience, airport ground access, and access to airport facilities; and’’.

SEC. 132. AIP DEFINITIONS.

(a) AIRPORT DEVELOPMENT.—Section 47102(3) is amended— (1) in subparagraph (B)(iv) by striking ‘‘20’’ and inserting

‘‘9’’; (2) in subparagraph (G) by inserting ‘‘and including

acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’; and (3) by adding at the end the following:

‘‘(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the require-ments of section 112.8 of title 40, Code of Federal Regula-tions.

‘‘(N) terminal development under section 47119(a). ‘‘(O) acquiring and installing facilities and equipment

to provide air conditioning, heating, or electric power from terminal-based, nonexclusive use facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provi-sion of such air conditioning, heating, or electric power from aircraft-based systems.’’.

(b) AIRPORT PLANNING.—Section 47102(5) is amended to read as follows:

‘‘(5) ‘airport planning’ means planning as defined by regula-tions the Secretary prescribes and includes—

‘‘(A) integrated airport system planning; ‘‘(B) developing an environmental management system;

and ‘‘(C) developing a plan for recycling and minimizing

the generation of airport solid waste, consistent with applicable State and local recycling laws, including the cost of a waste audit.’’.

(c) GENERAL AVIATION AIRPORT.—Section 47102 is amended— (1) by redesignating paragraphs (23) through (25) as para-

graphs (25) through (27), respectively; (2) by redesignating paragraphs (8) through (22) as para-

graphs (9) through (23), respectively; and (3) by inserting after paragraph (7) the following: ‘‘(8) ‘general aviation airport’ means a public airport that

is located in a State and that, as determined by the Secretary— ‘‘(A) does not have scheduled service; or ‘‘(B) has scheduled service with less than 2,500 pas-

senger boardings each year.’’. (d) REVENUE PRODUCING AERONAUTICAL SUPPORT FACILITIES.—

Section 47102 is amended by inserting after paragraph (23) (as redesignated by subsection (c)(2) of this section) the following:


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‘‘(24) ‘revenue producing aeronautical support facilities’ means fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aero-nautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.’’. (e) TERMINAL DEVELOPMENT.—Section 47102 (as amended by

subsection (c) of this section) is further amended by adding at the end the following:

‘‘(28) ‘terminal development’ means— ‘‘(A) development of—

‘‘(i) an airport passenger terminal building, including terminal gates;

‘‘(ii) access roads servicing exclusively airport traffic that leads directly to or from an airport pas-senger terminal building; and

‘‘(iii) walkways that lead directly to or from an airport passenger terminal building; and ‘‘(B) the cost of a vehicle described in section

47119(a)(1)(B).’’. SEC. 133. RECYCLING PLANS FOR AIRPORTS.

Section 47106(a) is amended— (1) in paragraph (4) by striking ‘‘and’’ at the end; (2) in paragraph (5) by striking ‘‘proposed.’’ and inserting

‘‘proposed; and’’; and (3) by adding at the end the following: ‘‘(6) if the project is for an airport that has an airport

master plan, the master plan addresses issues relating to solid waste recycling at the airport, including—

‘‘(A) the feasibility of solid waste recycling at the air-port;

‘‘(B) minimizing the generation of solid waste at the airport;

‘‘(C) operation and maintenance requirements; ‘‘(D) the review of waste management contracts; and ‘‘(E) the potential for cost savings or the generation

of revenue.’’. SEC. 134. CONTENTS OF COMPETITION PLANS.

Section 47106(f)(2) is amended— (1) by striking ‘‘patterns of air service,’’; (2) by inserting ‘‘and’’ before ‘‘whether’’; and (3) by striking ‘‘, and airfare levels’’ and all that follows

before the period. SEC. 135. GRANT ASSURANCES.

(a) GENERAL WRITTEN ASSURANCES.—Section 47107(a)(16)(D)(ii) is amended by inserting before the semicolon at the end the following: ‘‘, except in the case of a relocation or replacement of an existing airport facility that meets the condi-tions of section 47110(d)’’.

(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— (1) USE OF PROCEEDS.—Section 47107(c)(2) is amended—

(A) in subparagraph (A)— (i) in the matter preceding clause (i) by striking

‘‘purpose—’’ and inserting ‘‘purpose (including land serving as a noise buffer either by being undeveloped


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or developed in a way that is compatible with using the land for noise buffering purposes)—’’;

(ii) in clause (iii) by striking ‘‘paid to the Secretary’’ and all that follows before the semicolon and inserting ‘‘reinvested in another project at the airport or trans-ferred to another airport as the Secretary prescribes under paragraph (4)’’; and (B) in subparagraph (B)(iii) by striking ‘‘reinvested,

on application’’ and all that follows before the period at the end and inserting ‘‘reinvested in another project at the airport or transferred to another airport as the Sec-retary prescribes under paragraph (4)’’. (2) ELIGIBLE PROJECTS.—Section 47107(c) is amended by

adding at the end the following: ‘‘(4) In approving the reinvestment or transfer of proceeds under

paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give pref-erence, in descending order, to the following actions:

‘‘(A) Reinvestment in an approved noise compatibility project.

‘‘(B) Reinvestment in an approved project that is eligible for funding under section 47117(e).

‘‘(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.

‘‘(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.

‘‘(E) Payment to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986. ‘‘(5)(A) A lease at fair market value by an airport owner or

operator of land acquired for a noise compatibility purpose using a grant provided under this subchapter shall not be considered a disposal for purposes of paragraph (2).

‘‘(B) The airport owner or operator may use revenues from a lease described in subparagraph (A) for an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.

‘‘(C) The Secretary shall coordinate with each airport owner or operator to ensure that leases described in subparagraph (A) are consistent with noise buffering purposes.

‘‘(D) The provisions of this paragraph apply to all land acquired before, on, or after the date of enactment of this paragraph.’’.

SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.

(a) IN GENERAL.—Section 47107 is amended by adding at the end the following:

‘‘(t) AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), a sponsor of a general aviation airport shall not be considered to be in violation of this subtitle, or to be in violation of a grant assur-ance made under this section or under any other provision of law as a condition for the receipt of Federal financial assist-ance for airport development, solely because the sponsor enters into an agreement that grants to a person that owns residential

Applicability. Effective date.

Lease.


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real property adjacent to or near the airport access to the airfield of the airport for the following:

‘‘(A) Aircraft of the person. ‘‘(B) Aircraft authorized by the person.

‘‘(2) THROUGH-THE-FENCE AGREEMENTS.— ‘‘(A) IN GENERAL.—An agreement described in para-

graph (1) between an airport sponsor and a property owner (or an association representing such property owner) shall be a written agreement that prescribes the rights, respon-sibilities, charges, duration, and other terms the airport sponsor determines are necessary to establish and manage the airport sponsor’s relationship with the property owner.

‘‘(B) TERMS AND CONDITIONS.—An agreement described in paragraph (1) between an airport sponsor and a property owner (or an association representing such property owner) shall require the property owner, at minimum—

‘‘(i) to pay airport access charges that, as deter-mined by the airport sponsor, are comparable to those charged to tenants and operators on-airport making similar use of the airport;

‘‘(ii) to bear the cost of building and maintaining the infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to or near the airport access to the airfield of the airport;

‘‘(iii) to maintain the property for residential, non-commercial use for the duration of the agreement;

‘‘(iv) to prohibit access to the airport from other properties through the property of the property owner; and

‘‘(v) to prohibit any aircraft refueling from occur-ring on the property.’’.

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to an agreement between an airport sponsor and a property owner (or an association representing such property owner) entered into before, on, or after the date of enactment of this Act.

SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.

Section 47109 is amended— (1) in subsection (a) by striking ‘‘provided in subsection

(b) or subsection (c) of this section’’ and inserting ‘‘otherwise provided in this section’’; and

(2) by adding at the end the following: ‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL HUB TO

MEDIUM HUB STATUS.—If the status of a small hub airport changes to a medium hub airport, the Government’s share of allowable project costs for the airport may not exceed 90 percent for the first 2 fiscal years after such change in hub status.

‘‘(f) SPECIAL RULE FOR ECONOMICALLY DISTRESSED COMMU-NITIES.—The Government’s share of allowable project costs shall be 95 percent for a project at an airport that—

‘‘(1) is receiving essential air service for which compensa-tion was provided to an air carrier under subchapter II of chapter 417; and

‘‘(2) is located in an area that meets one or more of the criteria established in section 301(a) of the Public Works and

Effective date. 49 USC 47107 note.


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Economic Development Act of 1965 (42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.’’.

SEC. 138. ALLOWABLE PROJECT COSTS.

(a) ALLOWABLE PROJECT COSTS.—Section 47110(b)(2)(D) is amended to read as follows:

‘‘(D) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if—

‘‘(i) the cost was incurred before execution of the grant agreement because the airport has a shortened construction season due to climactic conditions in the vicinity of the airport;

‘‘(ii) the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appro-priate regional or district office of the Federal Aviation Administration;

‘‘(iii) the sponsor notifies the Secretary before author-izing work to commence on the project;

‘‘(iv) the sponsor has an alternative funding source available to fund the project; and

‘‘(v) the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;’’.

(b) INCLUSION OF MEASURES TO IMPROVE EFFICIENCY OF AIR-PORT BUILDINGS IN AIRPORT IMPROVEMENT PROJECTS.—Section 47110(b) is amended—

(1) in paragraph (5) by striking ‘‘; and’’ and inserting a semicolon;

(2) in paragraph (6) by striking the period at the end and inserting ‘‘; and’’; and

(3) by adding at the end the following: ‘‘(7) if the cost is incurred on a measure to improve the

efficiency of an airport building (such as a measure designed to meet one or more of the criteria for being considered a high-performance green building as set forth under section 401(13) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(13))) and—

‘‘(A) the measure is for a project for airport develop-ment;

‘‘(B) the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; and

‘‘(C) if the measure results in an increase in initial project costs, the increase is justified by expected savings over the life cycle of the project.’’.

(c) RELOCATION OF AIRPORT-OWNED FACILITIES.—Section 47110(d) is amended to read as follows:

‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.—The Sec-retary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if—

Notification.


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‘‘(1) the Government’s share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d);

‘‘(2) the Secretary determines that the relocation or replace-ment is required due to a change in the Secretary’s design standards; and

‘‘(3) the Secretary determines that the change is beyond the control of the airport sponsor.’’. (d) NONPRIMARY AIRPORTS.—Section 47110(h) is amended—

(1) by inserting ‘‘construction’’ before ‘‘costs of revenue pro-ducing’’; and

(2) by striking ‘‘, including fuel farms and hangars,’’. (e) BIRD-DETECTING RADAR SYSTEMS.—Section 47110 is

amended by adding at the end the following: ‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—The Administrator of

the Federal Aviation Administration, upon the conclusion of all planned research by the Administration regarding avian radar sys-tems, shall—

‘‘(1) update Advisory Circular No. 150/5220–25 to specify which systems have been studied; and

‘‘(2) within 180 days after such research is concluded, issue a final report on the use of avian radar systems in the national airspace system.’’.

SEC. 139. VETERANS’ PREFERENCE.

Section 47112(c) is amended— (1) in paragraph (1)—

(A) in subparagraph (B) by striking ‘‘separated from’’ and inserting ‘‘discharged or released from active duty in’’; and

(B) by adding at the end the following: ‘‘(C) ‘Afghanistan-Iraq war veteran’ means an individual

who served on active duty (as defined in section 101 of title 38) in the armed forces in support of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn for more than 180 consecutive days, any part of which occurred after September 11, 2001, and before the date prescribed by presidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn (whichever is later), and who was discharged or released from active duty in the armed forces under honorable condi-tions.

‘‘(D) ‘Persian Gulf veteran’ means an individual who served on active duty in the armed forces in the Southwest Asia theater of operations during the Persian Gulf War for more than 180 consecutive days, any part of which occurred after August 2, 1990, and before the date prescribed by presidential proclamation or by law, and who was discharged or released from active duty in the armed forces under honorable condi-tions.’’; and

(2) in paragraph (2) by striking ‘‘Vietnam-era veterans and disabled veterans’’ and inserting ‘‘Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and con-trolled by disabled veterans’’.

Definition.

Definition. Time period.

Deadline. Reports.


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SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

(a) FINDINGS.—Congress finds the following: (1) While significant progress has occurred due to the

establishment of the airport disadvantaged business enterprise program (49 U.S.C. 47107(e) and 47113), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program.

(2) Congress has received and reviewed testimony and docu-mentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, sci-entific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.

(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women busi-ness owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regula-tions, and has impacted firm development and many aspects of airport-related business in the public and private markets.

(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise pro-gram to address race and gender discrimination in airport- related business. (b) STANDARDIZING CERTIFICATION OF DISADVANTAGED BUSI-

NESS ENTERPRISES.—Section 47113 is amended by adding at the end the following:

‘‘(e) MANDATORY TRAINING PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date

of enactment of this subsection, the Secretary shall establish a mandatory training program for persons described in para-graph (3) to provide streamlined training on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvan-taged individuals under this section and section 47107(e).

‘‘(2) IMPLEMENTATION.—The training program may be implemented by one or more private entities approved by the Secretary.

‘‘(3) PARTICIPANTS.—A person referred to in paragraph (1) is an official or agent of an airport sponsor—

‘‘(A) who is required to provide a written assurance under this section or section 47107(e) that the airport owner or operator will meet the percentage goal of sub-section (b) of this section or section 47107(e)(1), as the case may be; or

‘‘(B) who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).’’.

Deadline.

49 USC 47113 note.


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(c) INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PRO-GRAMS BY DISADVANTAGED SMALL BUSINESS CONCERNS.—

(1) IN GENERAL.—For each of fiscal years 2013 through 2015, the Inspector General of the Department of Transpor-tation shall submit to Congress a report on the number of new small business concerns owned and controlled by socially and economically disadvantaged individuals, including those owned by veterans, that participated in the programs and activities funded using the amounts made available under this Act.

(2) NEW SMALL BUSINESS CONCERNS.—For purposes of sub-section (a), a new small business concern is a small business concern that did not participate in the programs and activities described in subsection (a) in a previous fiscal year.

(3) CONTENTS.—The report shall include— (A) a list of the top 25 and bottom 25 large and medium

hub airports in terms of providing opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the programs and activities funded using the amounts made available under this Act;

(B) the results of an assessment, to be conducted by the Inspector General, on the reasons why the top airports have been successful in providing such opportunities; and

(C) recommendations to the Administrator of the Fed-eral Aviation Administration and Congress on methods for other airports to achieve results similar to those of the top airports.

SEC. 141. SPECIAL APPORTIONMENT RULES.

(a) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MINIMUM APPOR-TIONMENT AMOUNT.—Section 47114(d) is amended by adding at the end the following:

‘‘(7) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MINIMUM APPORTIONMENT AMOUNT.—Notwithstanding any other provi-sion of this subsection, the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the min-imum apportionment available under subsection (c)(1)(B) if the Secretary finds that the airport—

‘‘(A) received scheduled or unscheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) in the calendar year used to calculate the apportionment; and

‘‘(B) had more than 10,000 passenger boardings in the calendar year used to calculate the apportionment.’’.

(b) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013.—Section 47114(c)(1) is amended—

(1) by striking subparagraphs (F) and (G); and (2) by inserting after subparagraph (E) the following:

‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013.— Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled pas-senger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000


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boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.’’.

SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.

Section 47114 is amended by adding at the end the following: ‘‘(g) SUPPLEMENTAL APPORTIONMENT FOR PUERTO RICO AND

UNITED STATES TERRITORIES.—The Secretary shall apportion amounts for airports in Puerto Rico and all other United States territories in accordance with this section. This subsection does not prohibit the Secretary from making project grants for airports in Puerto Rico or other United States territories from the discre-tionary fund under section 47115.’’.

SEC. 143. REDUCING APPORTIONMENTS.

Section 47114(f)(1) is amended by striking subparagraphs (A) and (B) and inserting the following:

‘‘(A) in the case of a charge of $3.00 or less— ‘‘(i) except as provided in clause (ii), 50 percent

of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; or

‘‘(ii) with respect to an airport in Hawaii, 50 per-cent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the excess of—

‘‘(I) the amount that otherwise would be appor-tioned under this section; over

‘‘(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland pas-sengers; and

‘‘(B) in the case of a charge of more than $3.00— ‘‘(i) except as provided in clause (ii), 75 percent

of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section; or

‘‘(ii) with respect to an airport in Hawaii, 75 per-cent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the excess of—

‘‘(I) the amount that otherwise would be appor-tioned under this section; over

‘‘(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland pas-sengers.’’.

SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

Section 47115(j) is amended by striking ‘‘For fiscal years’’ and all that follows before ‘‘the sponsors’’ and inserting ‘‘For fiscal years 2012 through 2015,’’.


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SEC. 145. USE OF APPORTIONED AMOUNTS.

Section 47117(e)(1)(A) is amended— (1) by striking ‘‘35 percent’’ in the first sentence and

inserting ‘‘35 percent, but not more than $300,000,000,’’; (2) by striking ‘‘and’’ after ‘‘47141,’’; (3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), and for

water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environ-mental record of decision for an airport development project under this title.’’; and

(4) by striking ‘‘such 35 percent requirement is’’ in the second sentence and inserting ‘‘the requirements of the pre-ceding sentence are’’.

SEC. 146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

(a) CONSIDERATIONS.—Section 47118(c) is amended— (1) in paragraph (1) by striking ‘‘or’’ after the semicolon; (2) in paragraph (2) by striking ‘‘delays.’’ and inserting

‘‘delays; or’’; and (3) by adding at the end the following: ‘‘(3) preserve or enhance minimum airfield infrastructure

facilities at former military airports to support emergency diver-sionary operations for transoceanic flights in locations—

‘‘(A) within United States jurisdiction or control; and ‘‘(B) where there is a demonstrable lack of diversionary

airports within the distance or flight-time required by regu-lations governing transoceanic flights.’’.

(b) DESIGNATION OF GENERAL AVIATION AIRPORTS.—Section 47118(g) is amended—

(1) in the subsection heading by striking ‘‘AIRPORT’’ and inserting ‘‘AIRPORTS’’; and

(2) by striking ‘‘one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation’’ and inserting ‘‘3 of the airports bearing designations under subsection (a) may be gen-eral aviation airports that were former military installations’’. (c) SAFETY-CRITICAL AIRPORTS.—Section 47118 is amended by

adding at the end the following: ‘‘(h) SAFETY-CRITICAL AIRPORTS.—Notwithstanding any other

provision of this chapter, a grant under section 47117(e)(1)(B) may be made for a federally owned airport designated under subsection (a) if the grant is for a project that is—

‘‘(1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); and

‘‘(2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.’’.

SEC. 147. CONTRACT TOWER PROGRAM.

(a) COST-BENEFIT REQUIREMENT.—Section 47124(b) is amended—

(1) in paragraph (1)— (A) by striking ‘‘(1) The Secretary’’ and inserting the

following: ‘‘(1) CONTRACT TOWER PROGRAM.—

‘‘(A) CONTINUATION.—The Secretary’’; and (B) by adding at the end the following:


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‘‘(B) SPECIAL RULE.—If the Secretary determines that a tower already operating under the program continued under this paragraph has a benefit-to-cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit for a period of 18 months after such determination is made.

‘‘(C) USE OF EXCESS FUNDS.—If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the program established under paragraph (3).’’; and (2) in paragraph (2) by striking ‘‘(2) The Secretary’’ and

inserting the following: ‘‘(2) GENERAL AUTHORITY.—The Secretary’’.

(b) FUNDING; USE OF EXCESS FUNDS.—Section 47124(b)(3) is amended by striking subparagraph (E) and inserting the following:

‘‘(E) FUNDING.—Of the amounts appropriated pursuant to section 106(k)(1), not more than $10,350,000 for each of fiscal years 2012 through 2015 may be used to carry out this paragraph.

‘‘(F) USE OF EXCESS FUNDS.—If the Secretary finds that all or part of an amount made available under this paragraph is not required during a fiscal year, the Sec-retary may use, during such fiscal year, the amount not so required to carry out the program continued under para-graph (1).’’.

(c) FEDERAL SHARE.—Section 47124(b)(4)(C) is amended by striking ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’.

(d) SAFETY AUDITS.—Section 47124 is amended by adding at the end the following:

‘‘(c) SAFETY AUDITS.—The Secretary shall establish uniform standards and requirements for regular safety assessments of air traffic control towers that receive funding under this section.’’.

SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.

(a) IN GENERAL.—Section 47129 is amended— (1) by striking the section heading and inserting the fol-

lowing:

‘‘§ 47129. Resolution of disputes concerning airport fees’’; (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ after ‘‘CAR-

RIER’’ in the heading for subsection (d); (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ after ‘‘CARRIER’’

in the heading for subsection (d)(2); (4) by striking ‘‘air carrier’’ each place it appears and

inserting ‘‘air carrier or foreign air carrier’’; (5) by striking ‘‘air carrier’s’’ each place it appears and

inserting ‘‘air carrier’s or foreign air carrier’s’’; (6) by striking ‘‘air carriers’’ and inserting ‘‘air carriers

or foreign air carriers’’; and (7) by striking ‘‘(as defined in section 40102 of this title)’’

in subsection (a) and inserting ‘‘(as those terms are defined in section 40102)’’.

Standards.

Determination. Time period.


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(b) CONFORMING AMENDMENT.—The analysis for chapter 471 is amended by striking the item relating to section 47129 and inserting the following:

‘‘47129. Resolution of disputes concerning airport fees.’’.

SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.

(a) IN GENERAL.—Section 47133(b) is amended— (1) by striking ‘‘Subsection (a) shall not apply if’’ and

inserting the following: ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Subsection (a) shall

not apply if’’; and (2) by adding at the end the following: ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.—In

the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if—

‘‘(A) the sale is approved by the Secretary; ‘‘(B) funding is provided under this subchapter for any

portion of the public sponsor’s acquisition of airport land; and

‘‘(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner. ‘‘(3) TREATMENT OF REPAYMENTS.—Repayments referred to

in paragraph (2)(C) shall be treated as a recovery of prior year obligations.’’. (b) APPLICABILITY TO GRANTS.—The amendments made by sub-

section (a) shall apply to grants issued on or after October 1, 1996. SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN

WASHINGTON AIRPORTS AUTHORITY.

Section 49108, and the item relating to section 49108 in the analysis for chapter 491, are repealed. SEC. 151. MIDWAY ISLAND AIRPORT.

Section 186(d) of the Vision 100—Century of Aviation Reauthor-ization Act (117 Stat. 2518) is amended by striking ‘‘for fiscal years’’ and all that follows before ‘‘from amounts’’ and inserting ‘‘for fiscal years 2012 through 2015’’. SEC. 152. MISCELLANEOUS AMENDMENTS.

(a) TECHNICAL CHANGES TO NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.—Section 47103 is amended—

(1) in subsection (a)— (A) by striking ‘‘each airport to—’’ and inserting ‘‘the

airport system to—’’; (B) in paragraph (1) by striking ‘‘system in the par-

ticular area;’’ and inserting ‘‘system, including connection to the surface transportation network; and’’;

(C) in paragraph (2) by striking ‘‘; and’’ and inserting a period; and

(D) by striking paragraph (3);

49 USC 47133 note.


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(2) in subsection (b)— (A) in paragraph (1) by striking the semicolon and

inserting ‘‘; and’’; (B) by striking paragraph (2) and redesignating para-

graph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated) by striking

‘‘, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,’’; and (3) in subsection (d) by striking ‘‘status of the’’.

(b) CONSOLIDATION OF TERMINAL DEVELOPMENT PROVISIONS.— Section 47119 is amended—

(1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (e), respectively;

(2) by inserting before subsection (b) (as so redesignated) the following: ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.—

‘‘(1) IN GENERAL.—The Secretary of Transportation may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing public-use area of a commercial service airport—

‘‘(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has—

‘‘(i) all the safety equipment required for certifi-cation of the airport under section 44706;

‘‘(ii) all the security equipment required by regula-tion; and

‘‘(iii) provided for access by passengers to the area of the airport for boarding or exiting aircraft that are not air carrier aircraft; ‘‘(B) if the cost is directly related to moving passengers

and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; and

‘‘(C) under terms necessary to protect the interests of the Government. ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREV-

ENUE-PRODUCING PARKING LOTS.—In making a decision under paragraph (1), the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—

‘‘(A) except as provided in section 47108(e)(3), the air-port does not have more than .05 percent of the total annual passenger boardings in the United States; and

‘‘(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.’’; (3) in subsection (b)(4)(B) (as redesignated by paragraph

(1) of this subsection) by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary’’;

(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by paragraph (1) of this subsection) by striking ‘‘section 47110(d)’’ and inserting ‘‘subsection (a)’’;

(5) in subsection (b)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘subsections (c)(1) and (c)(2)’’;

Certification.


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(6) in subsections (c)(1), (c)(2)(A), (c)(3), and (c)(4) (as redesignated by paragraph (1) of this subsection) by striking ‘‘section 47110(d) of this title’’ and inserting ‘‘subsection (a)’’;

(7) in subsections (c)(2)(B) and (c)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘‘section 47110(d)’’ and inserting ‘‘subsection (a)’’; and

(8) by adding at the end the following: ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The Secretary may

distribute not more than $20,000,000 from the discretionary fund established under section 47115 for terminal development projects at a nonhub airport or a small hub airport that is eligible to receive discretionary funds under section 47108(e)(3).’’.

(c) ANNUAL REPORT.—Section 47131(a) is amended— (1) by striking ‘‘April 1’’ and inserting ‘‘June 1’’; and (2) by striking paragraphs (1), (2), (3), and (4) and inserting

the following: ‘‘(1) a summary of airport development and planning com-

pleted; ‘‘(2) a summary of individual grants issued; ‘‘(3) an accounting of discretionary and apportioned funds

allocated; ‘‘(4) the allocation of appropriations; and’’.

(d) CORRECTION TO EMISSION CREDITS PROVISION.—Section 47139 is amended—

(1) in subsection (a) by striking ‘‘47102(3)(F),’’; and (2) in subsection (b)—

(A) by striking ‘‘47102(3)(F),’’; and (B) by striking ‘‘47103(3)(F),’’.

(e) CONFORMING AMENDMENTS.— (1) Section 40117(a)(3)(B) is amended by striking ‘‘section

47110(d)’’ and inserting ‘‘section 47119(a)’’. (2) Section 47108(e)(3) is amended—

(A) by striking ‘‘section 47110(d)(2)’’ and inserting ‘‘sec-tion 47119(a)’’; and

(B) by striking ‘‘section 47110(d)’’ and inserting ‘‘section 47119(a)’’.

(f) CORRECTION TO SURPLUS PROPERTY AUTHORITY.—Section 47151(e) is amended by striking ‘‘(other than real property’’ and all that follows through ‘‘(10 U.S.C. 2687 note))’’.

(g) DEFINITIONS.— (1) CONGESTED AIRPORT.—Section 47175(2) is amended by

striking ‘‘2001’’ and inserting ‘‘2004 or any successor report’’. (2) JOINT USE AIRPORT.—Section 47175 is amended by

adding at the end the following: ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use airport’ means

an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.’’.

SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

Section 47141(f) is amended to read as follows: ‘‘(f) SUNSET.—This section shall not be in effect after September

30, 2015.’’.


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SEC. 154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER STATES.

The Administrator of the Federal Aviation Administration, to the extent practicable, shall schedule the Administrator’s review of construction projects so that projects to be carried out in States in which the weather during a typical calendar year prevents major construction projects from being carried out before May 1 are reviewed as early as possible.

SEC. 155. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYS-TEMS.

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall begin a study to evaluate the formulation of the national plan of integrated airport systems (in this section referred to as the ‘‘plan’’) under section 47103 of title 49, United States Code.

(b) CONTENTS OF STUDY.—The study shall include a review of the following:

(1) The criteria used for including airports in the plan and the application of such criteria in the most recently pub-lished version of the plan.

(2) The changes in airport capital needs as shown in the 2005–2009 and 2007–2011 plans, compared with the amounts apportioned or otherwise made available to individual airports between 2005 and 2010.

(3) A comparison of the amounts received by airports under the airport improvement program in airport apportionments, State apportionments, and discretionary grants during such fiscal years with capital needs as reported in the plan.

(4) The effect of transfers of airport apportionments under title 49, United States Code.

(5) An analysis on the feasibility and advisability of appor-tioning amounts under section 47114(c)(1) of title 49, United States Code, to the sponsor of each primary airport for each fiscal year an amount that bears the same ratio to the amount subject to the apportionment for fiscal year 2009 as the number of passenger boardings at the airport during the prior calendar year bears to the aggregate of all passenger boardings at all primary airports during that calendar year.

(6) A documentation and review of the methods used by airports to reach the 10,000 passenger enplanement threshold, including whether such airports subsidize commercial flights to reach such threshold, at every airport in the United States that reported between 10,000 and 15,000 passenger enplanements during each of the 2 most recent calendar years for which such data is available.

(7) Any other matters pertaining to the plan that the Secretary determines appropriate. (c) REPORT TO CONGRESS.—

(1) SUBMISSION.—Not later than 36 months after the date that the Secretary begins the study under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

(2) CONTENTS.—The report shall include—

Deadline.

49 USC 47112 note.


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(A) the findings of the Secretary on each of the issues described in subsection (b);

(B) recommendations for any changes to policies and procedures for formulating the plan; and

(C) recommendations for any changes to the methods of determining the amounts to be apportioned or otherwise made available to individual airports.

SEC. 156. AIRPORT PRIVATIZATION PROGRAM.

Section 47134(b) is amended in the matter preceding paragraph (1) by striking ‘‘5 airports’’ and inserting ‘‘10 airports’’.

TITLE II—NEXTGEN AIR TRANSPOR-TATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION

SEC. 201. DEFINITIONS.

In this title, the following definitions apply: (1) NEXTGEN.—The term ‘‘NextGen’’ means the Next

Generation Air Transportation System. (2) ADS–B.—The term ‘‘ADS–B’’ means automatic

dependent surveillance-broadcast. (3) ADS–B OUT.—The term ‘‘ADS–B Out’’ means automatic

dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.

(4) ADS–B IN.—The term ‘‘ADS–B In’’ means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure.

(5) RNAV.—The term ‘‘RNAV’’ means area navigation. (6) RNP.—The term ‘‘RNP’’ means required navigation

performance.

SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.

In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary of Transpor-tation shall give priority to the following NextGen activities:

(1) Next Generation Transportation System—Demonstra-tions and Infrastructure Development.

(2) Next Generation Transportation System—Trajectory Based Operations.

(3) Next Generation Transportation System—Reduce Weather Impact.

(4) Next Generation Transportation System—Arrivals/ Departures at High Density Airports.

(5) Next Generation Transportation System—Collaborative ATM.

(6) Next Generation Transportation System—Flexible Terminals and Airports.

(7) Next Generation Transportation System—Safety, Secu-rity, and Environment.

49 USC 40101 note.

49 USC 40101 note.


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(8) Next Generation Transportation System—Systems Net-work Facilities.

(9) Center for Advanced Aviation System Development. (10) Next Generation Transportation System—System

Development. (11) Data Communications in support of Next Generation

Air Transportation System. (12) ADS–B NAS-Wide Implementation. (13) System-Wide Information Management. (14) Next Generation Transportation System—Facility

Consolidation and Realignment. (15) En Route Modernization—D-Position Upgrade and

System Enhancements. (16) National Airspace System Voice System. (17) Next Generation Network Enabled Weather. (18) NextGen Performance Based Navigation Metroplex

Area Navigation/Required Navigation Performance. SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURS-

ABLE AGREEMENTS.

Section 106(m) is amended in the last sentence by inserting ‘‘with or’’ before ‘‘without reimbursement’’. SEC. 204. CHIEF NEXTGEN OFFICER.

Section 106 is amended by adding at the end the following: ‘‘(s) CHIEF NEXTGEN OFFICER.—

‘‘(1) IN GENERAL.— ‘‘(A) APPOINTMENT.—There shall be a Chief NextGen

Officer appointed by the Administrator, with the approval of the Secretary. The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.

‘‘(B) QUALIFICATIONS.—The Chief NextGen Officer shall have a demonstrated ability in management and knowledge of or experience in aviation and systems engineering.

‘‘(C) TERM.—The Chief NextGen Officer shall be appointed for a term of 5 years.

‘‘(D) REMOVAL.—The Chief NextGen Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the implementation of NextGen.

‘‘(E) VACANCY.—Any individual appointed to fill a vacancy in the position of Chief NextGen Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term. ‘‘(2) COMPENSATION.—

‘‘(A) IN GENERAL.—The Chief NextGen Officer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief NextGen Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief NextGen Officer were described in section 207(c)(2)(A)(i) of that title.

‘‘(B) BONUS.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief NextGen

Determination.


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Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief NextGen Officer’s performance in relation to the performance goals set forth in the performance agreement described in para-graph (3). ‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The Adminis-

trator and the Chief NextGen Officer, in consultation with the Federal Aviation Management Advisory Council, shall enter into an annual performance agreement that sets forth measur-able organization and individual goals for the Chief NextGen Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.

‘‘(4) ANNUAL PERFORMANCE REPORT.—The Chief NextGen Officer shall prepare and transmit to the Secretary of Transpor-tation, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.

‘‘(5) RESPONSIBILITIES.—The responsibilities of the Chief NextGen Officer include the following:

‘‘(A) Implementing NextGen activities and budgets across all program offices of the Federal Aviation Adminis-tration.

‘‘(B) Coordinating the implementation of NextGen activities with the Office of Management and Budget.

‘‘(C) Reviewing and providing advice on the Adminis-tration’s modernization programs, budget, and cost accounting system with respect to NextGen.

‘‘(D) With respect to the budget of the Administration— ‘‘(i) developing a budget request of the Administra-

tion related to the implementation of NextGen; ‘‘(ii) submitting such budget request to the

Administrator; and ‘‘(iii) ensuring that the budget request supports

the annual and long-range strategic plans of the Administration with respect to NextGen. ‘‘(E) Consulting with the Administrator on the Capital

Investment Plan of the Administration prior to its submis-sion to Congress.

‘‘(F) Developing an annual NextGen implementation plan.

‘‘(G) Ensuring that NextGen implementation activities are planned in such a manner as to require that system architecture is designed to allow for the incorporation of novel and currently unknown technologies into NextGen in the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation.

‘‘(H) Coordinating with the NextGen Joint Planning and Development Office with respect to facilitating coopera-tion among all Federal agencies whose operations and interests are affected by the implementation of NextGen. ‘‘(6) EXCEPTION.—If the Administrator appoints as the Chief

NextGen Officer, pursuant to paragraph (1)(A), an Executive


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Schedule employee covered by section 5315 of title 5, then paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall not apply to such employee.

‘‘(7) NEXTGEN DEFINED.—For purposes of this subsection, the term ‘NextGen’ means the Next Generation Air Transpor-tation System.’’.

SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.

Section 40102(a)(4) is amended— (1) by redesignating subparagraph (D) as subparagraph

(E); (2) by striking subparagraphs (B) and (C); and (3) by inserting after subparagraph (A) the following:

‘‘(B) runway lighting and airport surface visual and other navigation aids;

‘‘(C) apparatus, equipment, software, or service for dis-tributing aeronautical and meteorological information to air traffic control facilities or aircraft;

‘‘(D) communication, navigation, or surveillance equip-ment for air-to-ground or air-to-air applications;’’; (4) in subparagraph (E) (as redesignated by paragraph

(1) of this section)— (A) by striking ‘‘another structure’’ and inserting ‘‘any

structure, equipment,’’; and (B) by striking the period at the end and inserting

‘‘; and’’; and (5) by adding at the end the following:

‘‘(F) buildings, equipment, and systems dedicated to the national airspace system.’’.

SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

Section 40110(c) is amended— (1) by inserting ‘‘and’’ after the semicolon in paragraph

(3); (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4).

SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

Section 40113(e) is amended— (1) in paragraph (1)—

(A) by inserting ‘‘(whether public or private)’’ after ‘‘authorities’’; and

(B) by striking ‘‘safety.’’ and inserting ‘‘safety or effi-ciency. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6).’’; (2) in paragraph (2) by adding at the end the following:

‘‘The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.’’; and

(3) by striking paragraph (3) and inserting the following: ‘‘(3) CREDITING APPROPRIATIONS.—Funds received by the

Administrator pursuant to this section shall— ‘‘(A) be credited to the appropriation current when

the amount is received;


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‘‘(B) be merged with and available for the purposes of such appropriation; and

‘‘(C) remain available until expended.’’.

SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE.

(a) REDESIGNATION OF JPDO DIRECTOR TO ASSOCIATE ADMINIS-TRATOR.—

(1) ASSOCIATE ADMINISTRATOR FOR NEXT GENERATION AIR TRANSPORTATION SYSTEM PLANNING, DEVELOPMENT, AND INTER-AGENCY COORDINATION.—Section 709(a) of the Vision 100—Cen-tury of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2582) is amended—

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(B) by inserting after paragraph (1) the following: ‘‘(2) The head of the Office shall be the Associate Administrator

for Next Generation Air Transportation System Planning, Develop-ment, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration, with the approval of the Secretary. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee.’’.

(2) RESPONSIBILITIES.—Section 709(a)(3) of such Act (as redesignated by paragraph (1) of this subsection) is amended—

(A) in subparagraph (G) by striking ‘‘; and’’ and inserting a semicolon;

(B) in subparagraph (H) by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following: ‘‘(I) establishing specific quantitative goals for the safety,

capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual oper-ational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals;

‘‘(J) working to ensure global interoperability of the Next Generation Air Transportation System;

‘‘(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;

‘‘(L) overseeing, with the Administrator and in consultation with the Chief NextGen Officer, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; and

‘‘(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enter-prise architecture requirements.’’.

(3) COOPERATION WITH OTHER FEDERAL AGENCIES.—Section 709(a)(4) of such Act (as redesignated by paragraph (1) of this subsection) is amended—

(A) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; and (B) by adding at the end the following:

Consultation. Notice.

Appointment.

49 USC 40101 note.


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‘‘(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for—

‘‘(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);

‘‘(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; and

‘‘(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System. ‘‘(C) The head of a Federal agency referred to in subparagraph

(B) shall— ‘‘(i) ensure that the responsibilities of the agency relating

to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B);

‘‘(ii) ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation;

‘‘(iii) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and

‘‘(iv) ensure that the designated official has sufficient budg-etary authority and staff resources to carry out the agency’s Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b). ‘‘(D) Not later than 6 months after the date of enactment

of this subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of under-standing with the Office obligating that agency to carry out the activity.’’.

(4) COORDINATION WITH OMB.—Section 709(a) of such Act (117 Stat. 2582) is further amended by adding at the end the following: ‘‘(6)(A) The Office shall work with the Director of the Office

of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.

‘‘(B) The Director of the Office of Management and Budget, to the extent practicable, shall—

‘‘(i) ensure that—

Deadline. Memorandum.

Establishment.

Designation.


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‘‘(I) each Federal agency covered by the plan has suffi-cient funds requested in the President’s budget, as sub-mitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; and

‘‘(II) the development and implementation of the Next Generation Air Transportation System remains on schedule; ‘‘(ii) include, in the President’s budget, a statement of the

portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System; and

‘‘(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget. ‘‘(7) The Associate Administrator for Next Generation Air

Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.’’.

(b) INTEGRATED PLAN.—Section 709(b) of such Act (117 Stat. 2583) is amended—

(1) in the matter preceding paragraph (1)— (A) by striking ‘‘meets air’’ and inserting ‘‘meets antici-

pated future air’’; and (B) by striking ‘‘beyond those currently included in

the Federal Aviation Administration’s operational evolution plan’’; (2) at the end of paragraph (3) by striking ‘‘and’’; (3) at the end of paragraph (4) by striking the period

and inserting ‘‘; and’’; and (4) by adding at the end the following: ‘‘(5) a multiagency integrated work plan for the Next

Generation Air Transportation System that includes— ‘‘(A) an outline of the activities required to achieve

the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;

‘‘(B) details on a year-by-year basis of specific accom-plishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;

‘‘(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;

‘‘(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for costs and available resources, for each stage of development from the basic

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research stage through the demonstration and implementa-tion phase;

‘‘(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implica-tions of not successfully completing a step in the time period described in the integrated work plan;

‘‘(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system;

‘‘(G) date-specific timetables for meeting the environ-mental goals identified in subsection (a)(3)(I); and

‘‘(H) a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System.’’.

(c) NEXTGEN IMPLEMENTATION PLAN.—Section 709(d) of such Act (117 Stat. 2584) is amended to read as follows:

‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.’’.

(d) CONTINGENCY PLANNING.—The Associate Administrator for Next Generation Air Transportation System Planning, Develop-ment, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the deg-radation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.

SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.

(a) MEETINGS.—Section 710(a) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended by inserting before the period at the end the following ‘‘and shall meet at least twice each year’’.

(b) ANNUAL REPORT.—Section 710 of such Act (117 Stat. 2584) is amended by adding at the end the following:

‘‘(e) ANNUAL REPORT.— ‘‘(1) SUBMISSION TO CONGRESS.—Not later than 1 year after

the date of enactment of this subsection, and annually there-after on the date of submission of the President’s budget request to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report summa-rizing the progress made in carrying out the integrated work plan required by section 709(b)(5) and any changes in that plan.

‘‘(2) CONTENTS.—The report shall include— ‘‘(A) a copy of the updated integrated work plan; ‘‘(B) a description of the progress made in carrying

out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;

‘‘(C) a detailed description of— ‘‘(i) the success or failure of each item of the

integrated work plan for the previous year and relevant

49 USC 40101 note.

49 USC 40101 note.

Publication. Deadline.

49 USC 40101 note.


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information as to why any milestone was not met; and

‘‘(ii) the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone; ‘‘(D) an explanation of any change to future years

in the integrated work plan and the reasons for such change; and

‘‘(E) an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President’s budget request.’’.

SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

Section 40110(a) is amended by striking paragraphs (2) and (3) and inserting the following:

‘‘(2) may construct and improve laboratories and other test facilities; and

‘‘(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—

‘‘(A) be credited to the appropriation current when the amount is received;

‘‘(B) be merged with and available for the purposes of such appropriation; and

‘‘(C) remain available until expended.’’.

SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERV-ICES.

(a) REVIEW BY DOT INSPECTOR GENERAL.— (1) IN GENERAL.—The Inspector General of the Department

of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contracts entered into by the Administration to provide ADS–B services for the national airspace system.

(2) CONTENTS.—The review shall include, at a minimum— (A) an examination of how the Administration manages

program risks; (B) an assessment of expected benefits attributable

to the deployment of ADS–B services, including the Administration’s plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained;

(C) an assessment of the Administration’s analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administra-tion, for ADS–B In and ADS–B Out avionics equipage for airspace users;

(D) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance require-ments have been met by the contractor;

(E) an assessment of whether the Administration and any contractors are meeting cost, schedule, and perform-ance milestones, as measured against the original baseline of the Administration’s program for providing ADS–B serv-ices;

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(F) an assessment of how security issues are being addressed in the overall design and implementation of the ADS–B system;

(G) identification of any potential operational or workforce changes resulting from deployment of ADS–B; and

(H) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention. (3) REPORTS TO CONGRESS.—The Inspector General shall

submit, periodically (and on at least an annual basis), to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection. (b) RULEMAKING.—

(1) ADS–B IN.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding to issue guidelines and regulations relating to ADS–B In technology that—

(A) identify the ADS–B In technology that will be required under NextGen;

(B) subject to paragraph (2), require all aircraft oper-ating in capacity constrained airspace, at capacity con-strained airports, or in any other airspace deemed appro-priate by the Administrator to be equipped with ADS– B In technology by 2020; and

(C) identify— (i) the type of avionics required of aircraft for

all classes of airspace; (ii) the expected costs associated with the avionics;

and (iii) the expected uses and benefits of the avionics.

(2) READINESS VERIFICATION.—Before the Administrator completes an ADS–B In equipage rulemaking proceeding or issues an interim or final rule pursuant to paragraph (1), the Chief NextGen Officer shall verify that—

(A) the necessary ground infrastructure is installed and functioning properly;

(B) certification standards have been approved; and (C) appropriate operational platforms interface safely

and efficiently. (c) USE OF ADS–B TECHNOLOGY.—

(1) PLANS.—Not later than 18 months after the date of enactment of this Act, the Administrator shall develop, in con-sultation with appropriate employee and industry groups, a plan for the use of ADS–B technology for surveillance and active air traffic control.

(2) CONTENTS.—The plan shall— (A) include provisions to test the use of ADS–B tech-

nology for surveillance and active air traffic control in specific regions of the United States with the most con-gested airspace;

(B) identify the equipment required at air traffic con-trol facilities and the training required for air traffic controllers;

Deadline.

Deadline.


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(C) identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; and

(D) establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS–B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline.

SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.

(a) REVIEW.—The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen.

(b) CONTENTS.—At a minimum, the review to be conducted under subsection (a) shall—

(1) highlight the technical activities, including human- system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;

(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and

(3) determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-inten-sive systems. (c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review conducted pursuant to subsection (a). SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.

(a) OPERATIONAL EVOLUTION PARTNERSHIP (OEP) AIRPORT PROCEDURES.—

(1) OEP AIRPORTS REPORT.—Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general avia-tion representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as ‘‘qualified third parties’’) that includes the following:

(A) RNP/RNAV OPERATIONS FOR OEP AIRPORTS.—The required navigation performance and area navigation oper-ations, including the procedures to be developed, certified, and published and the air traffic control operational

Publication.

49 USC 40101 note.

49 USC 40101 note.


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changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appro-priate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.

(B) COORDINATION AND IMPLEMENTATION ACTIVITIES FOR OEP AIRPORTS.—A description of the activities and oper-ational changes and approvals required to coordinate and utilize the procedures at OEP airports.

(C) IMPLEMENTATION PLAN FOR OEP AIRPORTS.—A plan for implementing the procedures for OEP airports under subparagraph (A) that establishes—

(i) clearly defined budget, schedule, project organization, and leadership requirements;

(ii) specific implementation and transition steps; (iii) baseline and performance metrics for—

(I) measuring the Administration’s progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and

(II) achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance; (iv) expedited environmental review procedures

and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as deter-mined by baseline and performance metrics under clause (iii);

(v) coordination and communication mechanisms with qualified third parties, if applicable;

(vi) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and ter-minal environments, including in a mixed operational environment; and

(vii) a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. (D) ADDITIONAL PROCEDURES FOR OEP AIRPORTS.—A

process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational bene-fits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future. (2) IMPLEMENTATION SCHEDULE FOR OEP AIRPORTS.—The

Administrator shall certify, publish, and implement— Certification. Publication. Deadlines.


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(A) not later than 18 months after the date of enact-ment of this Act, 30 percent of the required procedures at OEP airports;

(B) not later than 36 months after the date of enact-ment of this Act, 60 percent of the required procedures at OEP airports; and

(C) before June 30, 2015, 100 percent of the required procedures at OEP airports.

(b) NON-OEP AIRPORTS.— (1) NON-OEP AIRPORTS REPORT.—Not later than 6 months

after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Adminis-tration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required naviga-tion performance flight paths for public use (in this section referred to as ‘‘qualified third parties’’) that includes the fol-lowing:

(A) RNP OPERATIONS FOR NON-OEP AIRPORTS.—A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Adminis-trator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required naviga-tion performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.

(B) COORDINATION AND IMPLEMENTATION ACTIVITIES FOR NON-OEP AIRPORTS.—A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph (A) at each of the airports described in such subparagraph.

(C) IMPLEMENTATION PLAN FOR NON-OEP AIRPORTS.— A plan for implementation of the procedures required by subparagraph (A) that establishes—

(i) clearly defined budget, schedule, project organization, and leadership requirements;

(ii) specific implementation and transition steps; (iii) coordination and communications mechanisms

with qualified third parties; (iv) plans to address human factors, training, and

other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and ter-minal environments, including in a mixed operational environment;

Lists. Certification. Publication.

Publication.


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(v) baseline and performance metrics for— (I) measuring the Administration’s progress

in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and

(II) achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance; (vi) expedited environmental review procedures

and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as deter-mined by baseline and performance metrics established under clause (v);

(vii) a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make avail-able to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration; and

(viii) lifecycle management strategy for RNP proce-dures to be developed by qualified third parties, if applicable. (D) ADDITIONAL PROCEDURES FOR NON-OEP AIRPORTS.—

A process for the identification, certification, and publica-tion of additional required navigation performance proce-dures that may provide operational benefits at non-OEP airports in the future. (2) IMPLEMENTATION SCHEDULE FOR NON-OEP AIRPORTS.—

The Administrator shall certify, publish, and implement— (A) not later than 18 months after the date of enact-

ment of this Act, 25 percent of the required procedures for non-OEP airports;

(B) not later than 36 months after the date of enact-ment of this Act, 50 percent of the required procedures for non-OEP airports; and

(C) before June 30, 2016, 100 percent of the required procedures for non-OEP airports.

(c) COORDINATED AND EXPEDITED REVIEW.— (1) IN GENERAL.—Navigation performance and area naviga-

tion procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categor-ical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary cir-cumstances exist with respect to the procedure.

(2) NEXTGEN PROCEDURES.—Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator

Determination.

Certification. Publication. Deadlines.


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shall issue and file a categorical exclusion for the new proce-dure. (d) DEPLOYMENT PLAN FOR NATIONWIDE DATA COMMUNICATIONS

SYSTEM.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Com-merce, Science, and Transportation of the Senate and the Com-mittee on Transportation and Infrastructure of the House of Rep-resentatives a plan for implementation of a nationwide data commu-nications system. The plan shall include—

(1) clearly defined budget, schedule, project organization, and leadership requirements;

(2) specific implementation and transition steps; and (3) baseline and performance metrics for measuring the

Administration’s progress in implementing the plan. (e) IMPROVED PERFORMANCE STANDARDS.—

(1) ASSESSMENT OF WORK BEING PERFORMED UNDER NEXTGEN IMPLEMENTATION PLAN.—The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine—

(A) whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will dis-play the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and

(B) the feasibility of reducing aircraft separation stand-ards in a safe manner as a result of the implementation of such technologies. (2) AIRCRAFT SEPARATION STANDARDS.—If the Adminis-

trator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards. (f) THIRD-PARTY USAGE.—The Administration shall establish

a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures.

SEC. 214. PERFORMANCE METRICS.

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to—

(1) actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports;

(2) average gate-to-gate times; (3) fuel burned between key city pairs; (4) operations using the advanced navigation procedures,

including performance based navigation procedures; (5) the average distance flown between key city pairs; (6) the time between pushing back from the gate and

taking off; (7) continuous climb or descent;

Deadline.

49 USC 40101 note.

Deadline.


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(8) average gate arrival delay for all arrivals; (9) flown versus filed flight times for key city pairs; (10) implementation of NextGen Implementation Plan, or

any successor document, capabilities designed to reduce emis-sions and fuel consumption;

(11) the Administration’s unit cost of providing air traffic control services; and

(12) runway safety, including runway incursions, oper-ational errors, and loss of standard separation events. (b) BASELINES.—The Administrator, in consultation with avia-

tion industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines.

(c) PUBLICATION.—The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administra-tion and other appropriate media.

(d) REPORT.—Not later than 180 days after the date of enact-ment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—

(1) a description of the metrics that will be used to measure the Administration’s progress in implementing NextGen capabilities and operational results;

(2) information on any additional metrics developed; and (3) a process for holding the Administration accountable

for meeting or exceeding the metrics baselines identified in subsection (b).

SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.

(a) PROCESS FOR CERTIFICATION.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including—

(1) establishment of updated project plans and timelines; (2) identification of the specific activities needed to certify

NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training;

(3) identification of staffing requirements for the Air Certifi-cation Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees;

(4) establishment of a program under which the Adminis-tration will use third parties in the certification process; and

(5) establishment of performance metrics to measure the Administration’s progress. (b) CERTIFICATION INTEGRITY.—The Administrator shall ensure

that equipment, systems, or services used in the national airspace system meet appropriate certification requirements regardless of whether the equipment, system, or service is publically or privately owned.

Deadline. Plan.

49 USC 40101 note.

Public information. Web posting.


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SEC. 216. SURFACE SYSTEMS ACCELERATION.

(a) IN GENERAL.—The Chief Operating Officer of the Air Traffic Organization shall—

(1) evaluate the Airport Surface Detection Equipment- Model X program for its potential contribution to implementa-tion of the NextGen initiative;

(2) evaluate airport surveillance technologies and associ-ated collaborative surface management software for potential contributions to implementation of NextGen surface manage-ment;

(3) accelerate implementation of the program referred to in paragraph (1); and

(4) carry out such additional duties as the Administrator of the Federal Aviation Administration may require. (b) EXPEDITED CERTIFICATION AND UTILIZATION.—The Adminis-

trator shall— (1) consider options for expediting the certification of

Ground-Based Augmentation System technology; and (2) develop a plan to utilize such a system at the 35

operational evolution partnership airports by December 31, 2012.

SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.

(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees selected by each exclusive collective bargaining representative of employees of the Administration impacted by the air traffic control modernization process to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen.

(b) ADHERENCE TO DEADLINES.—Participants in these processes shall adhere, to the greatest extent possible, to all deadlines and milestones established pursuant to this title.

(c) NO CHANGE IN EMPLOYEE STATUS.—Participation in these processes by an employee shall not—

(1) serve as a waiver of any bargaining obligations or rights;

(2) entitle the employee to any additional compensation or benefits with the exception of a per diem, if appropriate; or

(3) entitle the employee to prevent or unduly delay the exercise of management prerogatives. (d) WORKING GROUPS.—Except in extraordinary circumstances,

the Administrator shall not pay overtime related to work group participation.

(e) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section. SEC. 218. AIRSPACE REDESIGN.

(a) FINDINGS.—Congress finds the following: (1) The airspace redesign efforts of the Federal Aviation

Administration will play a critical near-term role in enhancing

49 USC 40101 note.

49 USC 40101 note.

Plan. Deadline.

Evaluation.

49 USC 40101 note.


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capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.

(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the NextGen Implementation Plan.

(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.

(4) New runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds. (b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/PHILADELPHIA

METROPOLITAN AREA AIRSPACE REDESIGN.— (1) MONITORING.—The Administrator of the Federal Avia-

tion Administration, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia Inter-national Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.

(2) REPORT.—Not later than 1 year following the first day of completion of the New York/New Jersey/Philadelphia Metro-politan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1).

SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.

(a) STUDY.—The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of devel-oping a publicly searchable, Internet Web-based resource that pro-vides information regarding the height and latitudinal and longitu-dinal locations of guy-wire and free-standing tower obstructions.

(b) CONSIDERATIONS.—In conducting the study, the Adminis-trator shall consult with affected industries and appropriate Federal agencies.

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a report to the appro-priate committees of Congress on the results of the study.

SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may enter into an agreement, on a competitive basis, to assist in the establishment of a center of excellence for the research and development of NextGen technologies.

(b) FUNCTIONS.—The Administrator shall ensure that the center established under subsection (a)—

(1) leverages resources and partnerships, including appro-priate programs of the Administration, to enhance the research and development of NextGen technologies by academia and industry; and

(2) provides educational, technical, and analytical assist-ance to the Administration and other Federal departments and agencies with responsibilities to research and develop NextGen technologies.

49 USC 40101 note.

Consultation.

49 USC 40101 note.


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SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.

(a) IN GENERAL.—The Secretary may establish an avionics equi-page incentive program for the purpose of equipping general avia-tion and commercial aircraft with communications, surveillance, navigation, and other avionics equipment as determined by the Secretary to be in the interest of achieving NextGen capabilities for such aircraft.

(b) NEXTGEN PUBLIC-PRIVATE PARTNERSHIPS.—The incentive program established under subsection (a) shall, at a minimum—

(1) be based on public-private partnership principles; and (2) leverage and maximize the use of private sector capital.

(c) FINANCIAL INSTRUMENTS.—Subject to the availability of appropriated funds, the Secretary may use financial instruments to facilitate public-private financing for the equipage of general aviation and commercial aircraft registered under section 44103 of title 49, United States Code. To the extent appropriations are not made available, the Secretary may establish the program, pro-vided the costs are covered by the fees and premiums authorized by subsection (d)(2). For purposes of this section, the term ‘‘financial instruments’’ means loan guarantees and other credit assistance designed to leverage and maximize private sector capital.

(d) PROTECTION OF THE TAXPAYER.— (1) LIMITATION ON PRINCIPAL.—The amount of any guar-

antee under this program shall be limited to 90 percent of the principal amount of the underlying loan.

(2) COLLATERAL, FEES, AND PREMIUMS.—The Secretary shall require applicants for the incentive program to post collateral and pay such fees and premiums if feasible, as determined by the Secretary, to offset costs to the Government of potential defaults, and agree to performance measures that the Secretary considers necessary and in the best interest of implementing the NextGen program.

(3) USE OF FUNDS.—Applications for this program shall be limited to equipment that is installed on general aviation or commercial aircraft and is necessary for communications, surveillance, navigation, or other purposes determined by the Secretary to be in the interests of achieving NextGen capabili-ties for commercial and general aviation. (e) TERMINATION OF AUTHORITY.—The authority of the Sec-

retary to issue such financial instruments under this section shall terminate 5 years after the date of the establishment of the incen-tive program. SEC. 222. OPERATIONAL INCENTIVES.

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall issue a report that—

(1) identifies incentive options to encourage the equipage of aircraft with NextGen technologies, including a policy that gives priority to aircraft equipped with ADS–B technology;

(2) identifies the costs and benefits of each option; and (3) includes input from industry stakeholders, including

passenger and cargo air carriers, aerospace manufacturers, and general aviation aircraft operators. (b) DEADLINE.—The Administrator shall issue the report before

the earlier of— (1) the date that is 6 months after the date of enactment

of this Act; or

Reports.

49 USC 40101 note.

Determination.

Definition.

49 USC 40101 note.


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(2) the date on which aircraft are required to be equipped with ADS–B technology pursuant to the rulemaking under section 211(b).

SEC. 223. EDUCATIONAL REQUIREMENTS.

The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent children of those Administration employees in Puerto Rico and Guam as they are subject to transfer by policy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code. SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND

ANALYSIS.

As soon as practicable, and not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall—

(1) ensure, to the extent practicable, a sufficient number of contract instructors, classroom space (including off-site loca-tions as needed), and simulators to allow for an increase in the number of air traffic controllers at air traffic control facili-ties;

(2) distribute, to the extent practicable, the placement of certified professional air traffic controllers-in-training and developmental air traffic controllers at facilities evenly across the calendar year in order to avoid training bottlenecks;

(3) initiate an analysis, to be conducted in consultation with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, of scheduling processes and practices, including overtime scheduling practices at those facilities;

(4) provide, to the extent practicable and where appro-priate, priority to certified professional air traffic controllers- in-training when filling staffing vacancies at facilities;

(5) assess training programs at air traffic control facilities with below-average success rates to determine if training is being carried out in accordance with Administration standards, and conduct exit interview analyses with all candidates to determine potential weaknesses in training protocols, or in the execution of such training protocols; and

(6) prioritize, to the extent practicable, such efforts to address the recommendations for the facilities identified in the Department of Transportation’s Office of the Inspector Gen-eral Report Number: AV-2009-047.

SEC. 225. REPORTS ON STATUS OF GREENER SKIES PROJECT.

(a) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report on the strategy of the Administrator for implementing, on an accelerated basis, the NextGen operational capabilities produced by the Greener Skies project, as recommended in the final report of the RTCA NextGen Mid-Term Implementation Task Force that was issued on September 9, 2009.

(b) SUBSEQUENT REPORTS.— (1) IN GENERAL.—Not later than 180 days after the

Administrator submits to Congress the report required by sub-section (a) and annually thereafter until the pilot program

49 USC 40101 note.

Assessment.

Deadline.

49 USC 44506 note.

Payments.

49 USC 106 note.


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terminates, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the Administrator in carrying out the strategy described in the report submitted under subsection (a).

(2) CONTENTS.—Each report submitted under paragraph (1) shall include the following:

(A) A timeline for full implementation of the strategy described in the report submitted under subsection (a).

(B) A description of the progress made in carrying out such strategy.

(C) A description of the challenges, if any, encountered by the Administrator in carrying out such strategy.

TITLE III—SAFETY

Subtitle A—General Provisions SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 44703(d) is amended by adding at the end the following:

‘‘(3) A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a signifi-cant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.’’.

(b) CONFORMING AMENDMENT.—Section 1153(c) is amended by striking ‘‘section 44709 or’’ and inserting ‘‘section 44703(d), 44709, or’’. SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFI-

CATES AND SUPPLEMENTAL TYPE CERTIFICATES.

Section 44704(a) is amended by adding at the end the following: ‘‘(5) RELEASE OF DATA.—

‘‘(A) IN GENERAL.—Notwithstanding any other provi-sion of law, the Administrator may make available upon request, to a person seeking to maintain the airworthiness or develop product improvements of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, pro-peller, or appliance, without the consent of the owner of record, if the Administrator determines that—

‘‘(i) the certificate containing the requested data has been inactive for 3 or more years, except that the Administrator may reduce this time if required to address an unsafe condition associated with the product;

‘‘(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record’s heir, of the type certificate or supplemental type certificate; and

Determination.


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‘‘(iii) making such data available will enhance avia-tion safety. ‘‘(B) ENGINEERING DATA DEFINED.—In this section, the

term ‘engineering data’ as used with respect to an aircraft, engine, propeller, or appliance means type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the air-craft, engine, propeller, or appliance.

‘‘(C) REQUIREMENT TO MAINTAIN DATA.—The Adminis-trator shall maintain engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate that has been inactive for 3 or more years.’’.

SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.

(a) IN GENERAL.—Section 44704(e) is amended to read as fol-lows:

‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.— ‘‘(1) ISSUANCE.—Beginning January 1, 2013, the Adminis-

trator may issue a certificate to a design organization, produc-tion organization, or design and production organization to authorize the organization to certify compliance of aircraft, aircraft engines, propellers, and appliances with the require-ments and minimum standards prescribed under section 44701(a). An organization holding a certificate issued under this subsection shall be known as a certified design and produc-tion organization (in this subsection referred to as a ‘CDPO’).

‘‘(2) APPLICATIONS.—On receiving an application for a CDPO certificate, the Administrator shall examine and rate the organization submitting the application, in accordance with regulations to be prescribed by the Administrator, to determine whether the organization has adequate engineering, design, and production capabilities, standards, and safeguards to make certifications of compliance as described in paragraph (1).

‘‘(3) ISSUANCE OF CERTIFICATES BASED ON CDPO FINDINGS.— The Administrator may rely on certifications of compliance by a CDPO when making determinations under this section.

‘‘(4) PUBLIC SAFETY.—The Administrator shall include in a CDPO certificate terms required in the interest of safety.

‘‘(5) NO EFFECT ON POWER OF REVOCATION.—Nothing in this subsection affects the authority of the Secretary of Transportation to revoke a certificate.’’. (b) APPLICABILITY.—Before January 1, 2013, the Administrator

of the Federal Aviation Administration may continue to issue certifi-cates under section 44704(e) of title 49, United States Code, as in effect on the day before the date of enactment of this Act.

(c) CLERICAL AMENDMENTS.—Chapter 447 is amended— (1) in the heading for section 44704 by striking ‘‘and

design organization certificates’’ and inserting ‘‘, and design and production organization certificates’’; and

Deadline. 49 USC 44704 note.

Regulations.

Effective date.

Time period.


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(2) in the analysis for such chapter by striking the item relating to section 44704 and inserting the following:

‘‘44704. Type certificates, production certificates, airworthiness certificates, and de-sign and production organization certificates.’’.

SEC. 304. CABIN CREW COMMUNICATION.

(a) IN GENERAL.—Section 44728 is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following:

‘‘(f) MINIMUM LANGUAGE SKILLS.— ‘‘(1) IN GENERAL.—No person may serve as a flight attend-

ant aboard an aircraft of an air carrier, unless that person has demonstrated to an individual qualified to determine pro-ficiency the ability to read, speak, and write English well enough to—

‘‘(A) read material written in English and comprehend the information;

‘‘(B) speak and understand English sufficiently to pro-vide direction to, and understand and answer questions from, English-speaking individuals;

‘‘(C) write incident reports and statements and log entries and statements; and

‘‘(D) carry out written and oral instructions regarding the proper performance of their duties. ‘‘(2) FOREIGN FLIGHTS.—The requirements of paragraph (1)

do not apply to a flight attendant serving solely between points outside the United States.’’. (b) FACILITATION.—The Administrator of the Federal Aviation

Administration shall work with air carriers to facilitate compliance with the requirements of section 44728(f) of title 49, United States Code (as amended by this section). SEC. 305. LINE CHECK EVALUATIONS.

Section 44729(h) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).

SEC. 306. SAFETY OF AIR AMBULANCE OPERATIONS.


‘‘§ 44730. Helicopter air ambulance operations ‘‘(a) COMPLIANCE REGULATIONS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not later than 180 days after the date of enactment of this section, a part 135 certificate holder providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and flight and duty time under part 135.

‘‘(2) EXCEPTION.—If a certificate holder described in para-graph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting requirement at the destination shall not apply if authorized by the Adminis-trator of the Federal Aviation Administration. ‘‘(b) FINAL RULE.—Not later than June 1, 2012, the Adminis-

trator shall issue a final rule, with respect to the notice of proposed rulemaking published in the Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers,

Deadline.

Deadline.

49 USC 44730.

49 USC 44728 note.


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medical personnel, and passengers onboard helicopters providing air ambulance services under part 135.

‘‘(c) MATTERS TO BE ADDRESSED.—In conducting the rule-making proceeding under subsection (b), the Administrator shall address the following:

‘‘(1) Flight request and dispatch procedures, including performance-based flight dispatch procedures.

‘‘(2) Pilot training standards, including establishment of training standards in—

‘‘(A) preventing controlled flight into terrain; and ‘‘(B) recovery from inadvertent flight into instrument

meteorological conditions. ‘‘(3) Safety-enhancing technology and equipment,

including— ‘‘(A) helicopter terrain awareness and warning systems; ‘‘(B) radar altimeters; and ‘‘(C) devices that perform the function of flight data

recorders and cockpit voice recorders, to the extent feasible. ‘‘(4) Such other matters as the Administrator considers

appropriate. ‘‘(d) MINIMUM REQUIREMENTS.—In issuing a final rule under

subsection (b), the Administrator, at a minimum, shall provide for the following:

‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The Adminis-trator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

‘‘(A) establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;

‘‘(B) as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and

‘‘(C) requires the pilots of the certificate holder to use the checklist. ‘‘(2) OPERATIONAL CONTROL CENTER.—The Administrator

shall ensure that a part 135 certificate holder providing heli-copter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe. ‘‘(e) SUBSEQUENT RULEMAKING.—

‘‘(1) IN GENERAL.—Upon completion of the rulemaking required under subsection (b), the Administrator shall conduct a follow-on rulemaking to address the following:

‘‘(A) Pilot training standards, including— ‘‘(i) mandatory training requirements, including a

minimum time for completing the training require-ments;

‘‘(ii) training subject areas, such as communica-tions procedures and appropriate technology use; and

‘‘(iii) establishment of training standards in— ‘‘(I) crew resource management; ‘‘(II) flight risk evaluation; ‘‘(III) operational control of the pilot in com-

mand; and ‘‘(IV) use of flight simulation training devices

and line-oriented flight training.

Checklist.


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‘‘(B) Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability. ‘‘(2) DEADLINES.—Not later than 180 days after the date

of issuance of a final rule under subsection (b), the Adminis-trator shall initiate the rulemaking under this subsection.

‘‘(3) LIMITATION ON CONSTRUCTION.—Nothing in this sub-section shall be construed to require the Administrator to pro-pose or finalize any rule that would derogate or supersede the rule required to be finalized under subsection (b). ‘‘(f) DEFINITIONS.—In this section, the following definitions

apply: ‘‘(1) PART 135.—The term ‘part 135’ means part 135 of

title 14, Code of Federal Regulations. ‘‘(2) PART 135 CERTIFICATE HOLDER.—The term ‘part 135

certificate holder’ means a person holding an operating certifi-cate issued under part 119 of title 14, Code of Federal Regula-tions, that is authorized to conduct civil helicopter air ambu-lance operations under part 135.

‘‘§ 44731. Collection of data on helicopter air ambulance oper-ations

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance services to submit to the Administrator, not later than 1 year after the date of enactment of this section, and annually thereafter, a report containing, at a minimum, the following data:

‘‘(1) The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.

‘‘(2) The number of flights and hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance services.

‘‘(3) The number of flight requests for a helicopter providing air ambulance services that were accepted or declined by the certificate holder and the type of each such flight request (such as scene response, interfacility transport, organ transport, or ferry or repositioning flight).

‘‘(4) The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance services and a description of the accidents.

‘‘(5) The number of flights and hours flown under instrument flight rules by helicopters operated by the certificate holder while providing air ambulance services.

‘‘(6) The time of day of each flight flown by helicopters operated by the certificate holder while providing air ambulance services.

‘‘(7) The number of incidents, if any, in which a helicopter was not directly dispatched and arrived to transport patients but was not utilized for patient transport. ‘‘(b) REPORTING PERIOD.—Data contained in a report submitted

by a part 135 certificate holder under subsection (a) shall relate to such reporting period as the Administrator determines appro-priate.

Deadlines. Reports.

49 USC 44731.


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‘‘(c) DATABASE.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to collect and store the data collected under subsection (a), including a method to protect the confidentiality of any trade secret or propri-etary information provided in response to this section.

‘‘(d) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Com-mittee on Commerce, Science, and Transportation of the Senate a report containing a summary of the data collected under sub-section (a).

‘‘(e) DEFINITIONS.—In this section, the terms ‘part 135’ and ‘part 135 certificate holder’ have the meanings given such terms in section 44730.’’.

(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2)(C) (as redesignated by this Act) is amended by inserting before the period the following: ‘‘and the development and maintenance of helicopter approach procedures’’.

(c) CLERICAL AMENDMENT.—The analysis for chapter 447 is amended by adding at the end the following:

‘‘44730. Helicopter air ambulance operations. ‘‘44731. Collection of data on helicopter air ambulance operations.’’.

SEC. 307. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON FLIGHT DECK.

(a) IN GENERAL.—Chapter 447 (as amended by this Act) is further amended by adding at the end the following:

‘‘§ 44732. Prohibition on personal use of electronic devices on flight deck

‘‘(a) IN GENERAL.—It is unlawful for a flight crewmember of an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, to use a personal wireless communications device or laptop computer while at the flight crew-member’s duty station on the flight deck of such an aircraft while the aircraft is being operated.

‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to the use of a personal wireless communications device or laptop computer for a purpose directly related to operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier and the Administrator of the Federal Aviation Administration.

‘‘(c) ENFORCEMENT.—In addition to the penalties provided under section 46301 applicable to any violation of this section, the Administrator of the Federal Aviation Administration may enforce compliance with this section under section 44709 by amending, modifying, suspending, or revoking a certificate under this chapter.

‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DEVICE DEFINED.— In this section, the term ‘personal wireless communications device’ means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.’’.

(b) PENALTY.—Section 44711(a) is amended— (1) by striking ‘‘or’’ after the semicolon in paragraph (8); (2) by striking ‘‘title.’’ in paragraph (9) and inserting ‘‘title;

or’’; and

49 USC 44731.

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(3) by adding at the end the following: ‘‘(10) violate section 44732 or any regulation issued there-

under.’’. (c) CONFORMING AMENDMENT.—The analysis for chapter 447

(as amended by this Act) is further amended by adding at the end the following:

‘‘44732. Prohibition on personal use of electronic devices on flight deck.’’.

(d) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking procedure for regulations to carry out section 44732 of title 49, United States Code (as added by this section), and shall issue a final rule thereunder not later than 2 years after the date of enactment of this Act.

(e) STUDY.— (1) IN GENERAL.—The Administrator of the Federal Avia-

tion Administration shall review relevant air carrier data and carry out a study—

(A) to identify common sources of distraction for the flight crewmembers on the flight deck of a commercial aircraft; and

(B) to determine the safety impacts of such distractions. (2) REPORT TO CONGRESS.—Not later than 1 year after

the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transpor-tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—

(A) the findings of the study conducted under para-graph (1); and

(B) recommendations regarding how to reduce distrac-tions for flight crewmembers on the flight deck of a commercial aircraft.

SEC. 308. INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES.


‘‘§ 44733. Inspection of repair stations located outside the United States

‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish and implement a safety assessment system for all part 145 repair stations based on the type, scope, and complexity of work being performed. The system shall—

‘‘(1) ensure that repair stations located outside the United States are subject to appropriate inspections based on identified risks and consistent with existing United States requirements;

‘‘(2) consider inspection results and findings submitted by foreign civil aviation authorities operating under a maintenance safety or maintenance implementation agreement with the United States; and

‘‘(3) require all maintenance safety or maintenance implementation agreements to provide an opportunity for the Administration to conduct independent inspections of covered

Deadline. Safety assessment system.

49 USC 44732.

Deadlines. Procedures. 49 USC 44732 note.


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part 145 repair stations when safety concerns warrant such inspections. ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The Adminis-

trator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 30 days after initiating formal negotiations with foreign aviation authorities or other appropriate foreign government agencies on a new maintenance safety or maintenance implementation agree-ment.

‘‘(c) ANNUAL REPORT.—The Administrator shall publish an annual report on the Administration’s oversight of part 145 repair stations and implementation of the safety assessment system required under subsection (a). The report shall—

‘‘(1) describe in detail any improvements in the Administra-tion’s ability to identify and track where part 121 air carrier repair work is performed;

‘‘(2) include a staffing model to determine the best place-ment of inspectors and the number of inspectors needed;

‘‘(3) describe the training provided to inspectors; and ‘‘(4) include an assessment of the quality of monitoring

and surveillance by the Administration of work performed by its inspectors and the inspectors of foreign authorities operating under a maintenance safety or maintenance implementation agreement. ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAM

REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary of State and the Secretary

of Transportation, acting jointly, shall request the governments of foreign countries that are members of the International Civil Aviation Organization to establish international standards for alcohol and controlled substances testing of persons that perform safety-sensitive maintenance functions on commercial air carrier aircraft.

‘‘(2) APPLICATION TO PART 121 AIRCRAFT WORK.—Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate a proposed rule requiring that all part 145 repair station employees responsible for safety- sensitive maintenance functions on part 121 air carrier aircraft are subject to an alcohol and controlled substances testing program determined acceptable by the Administrator and con-sistent with the applicable laws of the country in which the repair station is located. ‘‘(e) ANNUAL INSPECTIONS.—The Administrator shall ensure

that part 145 repair stations located outside the United States are inspected annually by Federal Aviation Administration safety inspectors, without regard to where the station is located, in a manner consistent with United States obligations under inter-national agreements. The Administrator may carry out inspections in addition to the annual inspection required under this subsection based on identified risks.

‘‘(f) DEFINITIONS.—In this section, the following definitions apply:

‘‘(1) PART 121 AIR CARRIER.—The term ‘part 121 air carrier’ means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

Applicability.

Deadline. Regulations.

Standards.

Publication.

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‘‘(2) PART 145 REPAIR STATION.—The term ‘part 145 repair station’ means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.’’. (b) CONFORMING AMENDMENT.—The analysis for chapter 447

(as amended by this Act) is further amended by adding at the end the following:

‘‘44733. Inspection of repair stations located outside the United States.’’.

SEC. 309. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.


‘‘§ 44734. Training of flight attendants ‘‘(a) TRAINING REQUIRED.—In addition to other training

required under this chapter, each air carrier shall provide to flight attendants employed or contracted by such air carrier initial and annual training regarding—

‘‘(1) serving alcohol to passengers; ‘‘(2) recognizing intoxicated passengers; and ‘‘(3) dealing with disruptive passengers.

‘‘(b) SITUATIONAL TRAINING.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants situational training on the proper method for dealing with intoxicated passengers who act in a belligerent manner.

‘‘(c) DEFINITIONS.—In this section, the following definitions apply:

‘‘(1) AIR CARRIER.—The term ‘air carrier’ means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under section 44705.

‘‘(2) FLIGHT ATTENDANT.—The term ‘flight attendant’ has the meaning given that term in section 44728(g).’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 447 (as

amended by this Act) is further amended by adding at the end the following:

‘‘44734. Training of flight attendants.’’.

SEC. 310. LIMITATION ON DISCLOSURE OF SAFETY INFORMATION.


‘‘§ 44735. Limitation on disclosure of safety information ‘‘(a) IN GENERAL.—Except as provided by subsection (c), a

report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5 if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law.

‘‘(b) APPLICABILITY.—The limitation established by subsection (a) shall apply to the following:

‘‘(1) Reports, data, or other information developed under the Aviation Safety Action Program.

‘‘(2) Reports, data, or other information produced or col-lected under the Flight Operational Quality Assurance Pro-gram.

49 USC 44735.

Applicability.

49 USC 44734.


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‘‘(3) Reports, data, or other information developed under the Line Operations Safety Audit Program.

‘‘(4) Reports, data, or other information produced or col-lected for purposes of developing and implementing a safety management system acceptable to the Administrator.

‘‘(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program). ‘‘(c) EXCEPTION FOR DE-IDENTIFIED INFORMATION.—

‘‘(1) IN GENERAL.—The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified.

‘‘(2) DE-IDENTIFIED DEFINED.—In this subsection, the term ‘de-identified’ means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.’’. (b) CLERICAL AMENDMENT.—The analysis for such chapter (as

amended by this Act) is further amended by adding at the end the following:

‘‘44735. Limitation on disclosure of safety information.’’.

(c) TECHNICAL CORRECTION.—Section 44703(i)(9)(B)(i) is amended by striking ‘‘section 552 of title 5’’ and inserting ‘‘section 552(b)(3)(B) of title 5’’. SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN

AIRCRAFT.

(a) OFFENSE.—Chapter 2 of title 18, United States Code, is amended by inserting after section 39 the following:

‘‘§ 39A. Aiming a laser pointer at an aircraft ‘‘(a) OFFENSE.—Whoever knowingly aims the beam of a laser

pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

‘‘(b) LASER POINTER DEFINED.—As used in this section, the term ‘laser pointer’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

‘‘(c) EXCEPTIONS.—This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by—

‘‘(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;

‘‘(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official

Penalty.

18 USC 39A.


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capacity for the purpose of research, development, operations, testing, or training; or

‘‘(3) by an individual using a laser emergency signaling device to send an emergency distress signal. ‘‘(d) AUTHORITY TO ESTABLISH ADDITIONAL EXCEPTIONS BY

REGULATION.—The Attorney General, in consultation with the Sec-retary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transpor-tation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.’’.

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended—

(1) by moving the item relating to section 39 after the item relating to section 38; and

(2) by inserting after the item relating to section 39 the following:

‘‘39A. Aiming a laser pointer at an aircraft’’.

SEC. 312. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration, in consultation with representatives of the aviation industry, shall conduct an assessment of the certification and approval process under section 44704 of title 49, United States Code.

(b) CONTENTS.—In conducting the assessment, the Adminis-trator shall consider—

(1) the expected number of applications for product certifi-cations and approvals the Administrator will receive under section 44704 of such title in the 1-year, 5-year, and 10-year periods following the date of enactment of this Act;

(2) process reforms and improvements necessary to allow the Administrator to review and approve the applications in a fair and timely fashion;

(3) the status of recommendations made in previous reports on the Administration’s certification process;

(4) methods for enhancing the effective use of delegation systems, including organizational designation authorization;

(5) methods for training the Administration’s field office employees in the safety management system and auditing; and

(6) the status of updating airworthiness requirements, including implementing recommendations in the Administra-tion’s report entitled ‘‘Part 23—Small Airplane Certification Process Study’’ (OK–09–3468, dated July 2009). (c) RECOMMENDATIONS.—In conducting the assessment, the

Administrator shall make recommendations to improve efficiency and reduce costs through streamlining and reengineering the certifi-cation process under section 44704 of such title to ensure that the Administrator can conduct certifications and approvals under such section in a manner that supports and enables the development of new products and technologies and the global competitiveness of the United States aviation industry.

49 USC 44704 note.

Notification. Deadline.

Notice. Public comment.


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(d) REPORT TO CONGRESS.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the assess-ment, together with an explanation of how the Administrator will implement recommendations made under subsection (c) and measure the effectiveness of the recommendations.

(e) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 1 year after the date of enactment of this Act, the Administrator shall begin to implement the recommendations made under sub-section (c).

SEC. 313. CONSISTENCY OF REGULATORY INTERPRETATION.

(a) ESTABLISHMENT OF ADVISORY PANEL.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an advisory panel comprised of both Government and industry representatives to—

(1) review the October 2010 report by the Government Accountability Office on certification and approval processes (GAO–11–14); and

(2) develop recommendations to address the findings in the report and other concerns raised by interested parties, including representatives of the aviation industry. (b) MATTERS TO BE CONSIDERED.—The advisory panel shall—

(1) determine the root causes of inconsistent interpretation of regulations by the Administration’s Flight Standards Service and Aircraft Certification Service;

(2) develop recommendations to improve the consistency of interpreting regulations by the Administration’s Flight Standards Service and Aircraft Certification Service; and

(3) develop recommendations to improve communications between the Administration’s Flight Standards Service and Air-craft Certification Service and applicants and certificate and approval holders for the identification and resolution of poten-tially adverse issues in an expeditious and fair manner. (c) REPORT TO CONGRESS.—Not later than 1 year after the

date of enactment of this Act, the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the advisory panel, together with an explanation of how the Administrator will implement the recommendations of the advisory panel and measure the effectiveness of the recommendations.

SEC. 314. RUNWAY SAFETY.

(a) STRATEGIC RUNWAY SAFETY PLAN.— (1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and submit to Congress a report containing a strategic runway safety plan.

(2) CONTENTS OF PLAN.—The strategic runway safety plan—

(A) shall include, at a minimum— (i) goals to improve runway safety;

Deadline. Reports.

49 USC 47101 note.

Determination. Recommenda- tions.

Deadline.

49 USC 44701 note.

Deadline.


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(ii) near- and long-term actions designed to reduce the severity, number, and rate of runway incursions, losses of standard separation, and operational errors;

(iii) time frames and resources needed for the actions described in clause (ii);

(iv) a continuous evaluative process to track performance toward the goals referred to in clause (i); and

(v) a review with respect to runway safety of every commercial service airport (as defined in section 47102 of title 49, United States Code) in the United States and proposed action to improve airport lighting, pro-vide better signs, and improve runway and taxiway markings at those airports; and (B) shall address the increased runway safety risk

associated with the expected increased volume of air traffic. (b) PROCESS.—Not later than 6 months after the date of enact-

ment of this Act, the Administrator shall develop a process for tracking and investigating operational errors, losses of standard separation, and runway incursions that includes procedures for—

(1) identifying who is responsible for tracking operational errors, losses of standard separation, and runway incursions, including a process for lower level employees to report to higher supervisory levels and for frontline managers to receive the information in a timely manner;

(2) conducting periodic random audits of the oversight process; and

(3) ensuring proper accountability. (c) PLAN FOR INSTALLATION AND DEPLOYMENT OF SYSTEMS TO

PROVIDE ALERTS OF POTENTIAL RUNWAY INCURSIONS.—Not later than June 30, 2012, the Administrator shall submit to Congress a report containing a plan for the installation and deployment of systems to alert air traffic controllers or flight crewmembers, or both, of potential runway incursions. The plan shall be integrated into the annual NextGen Implementation Plan of the Administra-tion or any successor document.

SEC. 315. FLIGHT STANDARDS EVALUATION PROGRAM.

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the Flight Standards Evaluation Pro-gram—

(1) to include periodic and random reviews as part of the Administration’s oversight of air carriers; and

(2) to prohibit an individual from participating in a review or audit of an office with responsibility for an air carrier under the program if the individual, at any time in the 5-year period preceding the date of the review or audit, had responsibility for inspecting, or overseeing the inspection of, the operations of that carrier. (b) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after

the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transpor-tation and Infrastructure of the House of Representatives a report on the Flight Standards Evaluation Program, including the

Deadline.

49 USC 44701 note.

Deadline. Reports.

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Administrator’s findings and recommendations with respect to the program.

(c) FLIGHT STANDARDS EVALUATION PROGRAM DEFINED.—In this section, the term ‘‘Flight Standards Evaluation Program’’ means the program established by the Federal Aviation Administration in FS 1100.1B CHG3, including any subsequent revisions thereto.

SEC. 316. COCKPIT SMOKE.

(a) STUDY.—The Comptroller General of the United States shall conduct a study on the effectiveness of oversight activities of the Federal Aviation Administration relating to the use of new tech-nologies to prevent or mitigate the effects of dense, continuous smoke in the cockpit of a commercial aircraft.

(b) REPORT TO CONGRESS.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.

SEC. 317. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION TECHNOLOGY.

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a review of off-airport, low-altitude aircraft weather observation technologies.

(b) SPECIFIC REVIEW.—The review shall include, at a minimum, an examination of off-airport, low-altitude weather reporting needs, an assessment of technical alternatives (including automated weather observation stations), an investment analysis, and rec-ommendations for improving weather reporting.

(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review.

SEC. 318. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT VISION GOGGLES.

(a) STUDY.—The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of requiring pilots of helicopters providing air ambulance services under part 135 of title 14, Code of Federal Regulations, to use night vision goggles during nighttime operations.

(b) CONSIDERATIONS.—In conducting the study, the Adminis-trator shall consult with owners and operators of helicopters pro-viding air ambulance services under such part 135 and aviation safety professionals to determine the benefits, financial consider-ations, and risks associated with requiring the use of night vision goggles.

(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

SEC. 319. MAINTENANCE PROVIDERS.

(a) REGULATIONS.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations requiring that covered work on an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, be performed by persons in accordance with subsection (b).

Deadline.

49 USC 44713 note.

Consultation.


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(b) PERSONS AUTHORIZED TO PERFORM CERTAIN WORK.—A per-son may perform covered work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regula-tions, only if the person is employed by—

(1) a part 121 air carrier; (2) a part 145 repair station or a person authorized under

section 43.17 of title 14, Code of Federal Regulations (or any successor regulation); or

(3) subject to subsection (c), a person that— (A) provides contract maintenance workers, services,

or maintenance functions to a part 121 air carrier or part 145 repair station; and

(B) meets the requirements of the part 121 air carrier or the part 145 repair station, as appropriate.

(c) TERMS AND CONDITIONS.—Covered work performed by a person who is employed by a person described in subsection (b)(3) shall be subject to the following terms and conditions:

(1) The applicable part 121 air carrier shall be directly in charge of the covered work being performed.

(2) The covered work shall be carried out in accordance with the part 121 air carrier’s maintenance manual.

(3) The person shall carry out the covered work under the supervision and control of the part 121 air carrier directly in charge of the covered work being performed on its aircraft. (d) DEFINITIONS.—In this section, the following definitions

apply: (1) COVERED WORK.—The term ‘‘covered work’’ means any

of the following: (A) Essential maintenance that could result in a

failure, malfunction, or defect endangering the safe oper-ation of an aircraft if not performed properly or if improper parts or materials are used.

(B) Regularly scheduled maintenance. (C) A required inspection item (as defined by the

Administrator). (2) PART 121 AIR CARRIER.—The term ‘‘part 121 air carrier’’

means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

(3) PART 145 REPAIR STATION.—The term ‘‘part 145 repair station’’ means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.

(4) PERSON.—The term ‘‘person’’ means an individual, firm, partnership, corporation, company, or association that performs maintenance, preventative maintenance, or alterations.

SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.

(a) IN GENERAL.—Not later than 1 year after the date of enact-ment of this Act, the Administrator of the Federal Aviation Adminis-tration shall initiate a study of air quality in aircraft cabins to—

(1) assess bleed air quality on the full range of commercial aircraft operating in the United States;

(2) identify oil-based contaminants, hydraulic fluid toxins, and other air toxins that appear in cabin air and measure the quantity and prevalence, or absence, of those toxins through a comprehensive sampling program;

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(3) determine the specific amount and duration of toxic fumes present in aircraft cabins that constitutes a health risk to passengers;

(4) develop a systematic reporting standard for smoke and fume events in aircraft cabins; and

(5) identify the potential health risks to individuals exposed to toxic fumes during flight. (b) AUTHORITY TO MONITOR AIR IN AIRCRAFT CABINS.—For

purposes of conducting the study required by subsection (a), the Administrator of the Federal Aviation Administration shall require domestic air carriers to allow air quality monitoring on their aircraft in a manner that imposes no significant costs on the air carrier and does not interfere with the normal operation of the aircraft.

SEC. 321. IMPROVED PILOT LICENSES.

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall issue improved pilot licenses consistent with requirements under this section.

(b) TIMING.—Not later than 270 days after the date of enact-ment of this Act, the Administrator shall—

(1) provide to the Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—

(A) a timeline for the phased issuance of improved pilot licenses under this section that ensures all pilots are issued such licenses not later than 2 years after the initial issuance of such licenses under paragraph (2); and

(B) recommendations for the Federal installation of infrastructure necessary to take advantage of information contained on improved pilot licenses issued under this sec-tion, which identify the necessary infrastructure, indicate the Federal entity that should be responsible for installing, funding, and operating the infrastructure at airport sterile areas, and provide an estimate of the costs of the infrastruc-ture; and (2) begin to issue improved pilot licenses consistent with

the requirements of title 49, United States Code, and title 14, Code of Federal Regulations. (c) REQUIREMENTS.—Improved pilot licenses issued under this

section shall— (1) be resistant to tampering, alteration, and counterfeiting; (2) include a photograph of the individual to whom the

license is issued for identification purposes; and (3) be smart cards that—

(A) accommodate iris and fingerprint biometric identi-fiers; and

(B) are compliant with Federal Information Processing Standards-201 (FIPS–201) or Personal Identity Verification-Interoperability Standards (PIV–I) for proc-essing through security checkpoints into airport sterile areas.

(d) TAMPERING.—To the extent practicable, the Administrator shall develop methods to determine or reveal whether any compo-nent or security feature of an improved pilot license issued under this section has been tampered with, altered, or counterfeited.

Reports.

Deadlines.

49 USC 44703 note.


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(e) USE OF DESIGNEES.—The Administrator may use designees to carry out subsection (a) to the extent practicable in order to minimize the burdens on pilots.

(f) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, and annually thereafter, the Adminis-trator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Com-mittee on Commerce, Science, and Transportation of the Senate a report on the issuance of improved pilot licenses under this section.

(2) EXPIRATION.—The Administrator shall not be required to submit annual reports under this subsection after the date on which the Administrator has issued improved pilot licenses under this section to all pilots.

Subtitle B—Unmanned Aircraft Systems


In this subtitle, the following definitions apply: (1) ARCTIC.—The term ‘‘Arctic’’ means the United States

zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.

(2) CERTIFICATE OF WAIVER; CERTIFICATE OF AUTHORIZA-TION.—The terms ‘‘certificate of waiver’’ and ‘‘certificate of authorization’’ mean a Federal Aviation Administration grant of approval for a specific flight operation.

(3) PERMANENT AREAS.—The term ‘‘permanent areas’’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.

(4) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘‘public unmanned aircraft system’’ means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 40102 of title 49, United States Code).

(5) SENSE AND AVOID CAPABILITY.—The term ‘‘sense and avoid capability’’ means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft.

(6) SMALL UNMANNED AIRCRAFT.—The term ‘‘small unmanned aircraft’’ means an unmanned aircraft weighing less than 55 pounds.

(7) TEST RANGE.—The term ‘‘test range’’ means a defined geographic area where research and development are con-ducted.

(8) UNMANNED AIRCRAFT.—The term ‘‘unmanned aircraft’’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(9) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned aircraft system’’ means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.

Applicability.

49 USC 40101 note.


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SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.

(a) REQUIRED PLANNING FOR INTEGRATION.— (1) COMPREHENSIVE PLAN.—Not later than 270 days after

the date of enactment of this Act, the Secretary of Transpor-tation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft sys-tems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a com-prehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.

(2) CONTENTS OF PLAN.—The plan required under para-graph (1) shall contain, at a minimum, recommendations or projections on—

(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—

(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;

(ii) ensure that any civil unmanned aircraft system includes a sense and avoid capability; and

(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing; (B) the best methods to enhance the technologies and

subsystems necessary to achieve the safe and routine oper-ation of civil unmanned aircraft systems in the national airspace system;

(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;

(D) a timeline for the phased-in approach described under subparagraph (C);

(E) creation of a safe (F) airspace designation for cooperative manned and

unmanned flight operations in the national airspace system;

(G) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such sys-tems are subject to testing;

(H) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and

(I) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor docu-ment) of the Federal Aviation Administration. (3) DEADLINE.—The plan required under paragraph (1)

shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as prac-ticable, but not later than September 30, 2015.

(4) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a copy of the plan required under paragraph (1).

Deadline.

49 USC 40101 note.


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(5) ROADMAP.—Not later than 1 year after the date of enactment of this Act, the Secretary shall approve and make available in print and on the Administration’s Internet Web site a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordi-nated by the Unmanned Aircraft Program Office of the Adminis-tration. The Secretary shall update the roadmap annually. (b) RULEMAKING.—Not later than 18 months after the date

on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register—

(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under sec-tion 333 of this Act;

(2) a notice of proposed rulemaking to implement the rec-ommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and

(3) an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714. (c) PILOT PROJECTS.—

(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to integrate unmanned aircraft systems into the national airspace system at 6 test ranges. The program shall terminate 5 years after the date of enactment of this Act.

(2) PROGRAM REQUIREMENTS.—In establishing the program under paragraph (1), the Administrator shall—

(A) safely designate airspace for integrated manned and unmanned flight operations in the national airspace system;

(B) develop certification standards and air traffic requirements for unmanned flight operations at test ranges;

(C) coordinate with and leverage the resources of the National Aeronautics and Space Administration and the Department of Defense;

(D) address both civil and public unmanned aircraft systems;

(E) ensure that the program is coordinated with the Next Generation Air Transportation System; and

(F) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system. (3) TEST RANGE LOCATIONS.—In determining the location

of the 6 test ranges of the program under paragraph (1), the Administrator shall—

(A) take into consideration geographic and climatic diversity;

(B) take into consideration the location of ground infra-structure and research needs; and

(C) consult with the National Aeronautics and Space Administration and the Department of Defense.

Consultation.

Standards.

Termination date.

Deadline.

Deadline. Federal Register, publication.

Deadlines. Publication. Web posting.


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(4) TEST RANGE OPERATION.—A project at a test range shall be operational not later than 180 days after the date on which the project is established.

(5) REPORT TO CONGRESS.— (A) IN GENERAL.—Not later than 90 days after the

date of the termination of the program under paragraph (1), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives a report setting forth the Administrator’s findings and conclusions concerning the projects.

(B) ADDITIONAL CONTENTS.—The report under subpara-graph (A) shall include a description and assessment of the progress being made in establishing special use airspace to fill the immediate need of the Department of Defense—

(i) to develop detection techniques for small unmanned aircraft systems; and

(ii) to validate the sense and avoid capability and operation of unmanned aircraft systems.

(d) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN ARCTIC.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes. The plan for operations in these permanent areas shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond line of sight. Such areas shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites.

(2) AGREEMENTS.—To implement the plan under paragraph (1), the Secretary may enter into an agreement with relevant national and international communities.

(3) AIRCRAFT APPROVAL.—Not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this subsection, the Secretary shall work with rel-evant national and international communities to establish and implement a process, or may apply an applicable process already established, for approving the use of unmanned aircraft in the designated permanent areas in the Arctic without regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.

SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYS-TEMS.

(a) IN GENERAL.—Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule-making required by section 332 of this Act or the guidance required by section 334 of this Act.

Deadline. Determination.

49 USC 40101 note.

Deadline.

Deadline. Plans.

Deadline.


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(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making the determination under subsection (a), the Secretary shall deter-mine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authoriza-tion, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary

determines under this section that certain unmanned aircraft sys-tems may operate safely in the national airspace system, the Sec-retary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

(a) GUIDANCE.—Not later than 270 days after the date of enact-ment of this Act, the Secretary of Transportation shall issue guid-ance regarding the operation of public unmanned aircraft systems to—

(1) expedite the issuance of a certificate of authorization process;

(2) provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available, and until standards are completed and technology issues are resolved;

(3) facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate unmanned aircraft systems; and

(4) provide guidance on a public entity’s responsibility when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration. (b) STANDARDS FOR OPERATION AND CERTIFICATION.—Not later

than December 31, 2015, the Administrator shall develop and imple-ment operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system.

(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— (1) IN GENERAL.—Not later than 90 days after the date

of enactment of this Act, the Secretary shall enter into agree-ments with appropriate government agencies to simplify the process for issuing certificates of waiver or authorization with respect to applications seeking authorization to operate public unmanned aircraft systems in the national airspace system.

(2) CONTENTS.—The agreements shall— (A) with respect to an application described in para-

graph (1)— (i) provide for an expedited review of the applica-

tion;

Deadline.

Deadline.

Deadline.

49 USC 40101 note.

Determination.


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(ii) require a decision by the Administrator on approval or disapproval within 60 business days of the date of submission of the application; and

(iii) allow for an expedited appeal if the application is disapproved; (B) allow for a one-time approval of similar operations

carried out during a fixed period of time; and (C) allow a government public safety agency to operate

unmanned aircraft weighing 4.4 pounds or less, if oper-ated—

(i) within the line of sight of the operator; (ii) less than 400 feet above the ground; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport,

heliport, seaplane base, spaceport, or other location with aviation activities.

SEC. 335. SAFETY STUDIES.

The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system.

SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—

(1) the aircraft is flown strictly for hobby or recreational use;

(2) the aircraft is operated in accordance with a community- based set of safety guidelines and within the programming of a nationwide community-based organization;

(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program adminis-tered by a community-based organization;

(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)). (b) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.

(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is—

(1) capable of sustained flight in the atmosphere;

49 USC 40101 note.

49 USC 40101 note.

Deadline.


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(2) flown within visual line of sight of the person operating the aircraft; and

(3) flown for hobby or recreational purposes.

Subtitle C—Safety and Protections

SEC. 341. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

Section 106 (as amended by this Act) is further amended by adding at the end the following:

‘‘(t) AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.—

‘‘(1) ESTABLISHMENT.—There is established in the Federal Aviation Administration (in this subsection referred to as the ‘Agency’) an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the ‘Office’).

‘‘(2) DIRECTOR.— ‘‘(A) APPOINTMENT.—The head of the Office shall be

the Director, who shall be appointed by the Secretary of Transportation.

‘‘(B) QUALIFICATIONS.—The Director shall have a dem-onstrated ability in investigations and knowledge of or experience in aviation.

‘‘(C) TERM.—The Director shall be appointed for a term of 5 years.

‘‘(D) VACANCIES.—Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s prede-cessor was appointed shall be appointed for the remainder of that term. ‘‘(3) COMPLAINTS AND INVESTIGATIONS.—

‘‘(A) AUTHORITY OF DIRECTOR.—The Director shall— ‘‘(i) receive complaints and information submitted

by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process) and employees of the Agency con-cerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;

‘‘(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regula-tion, or any other provision of Federal law relating to aviation safety has occurred; and

‘‘(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding fur-ther investigation or corrective actions. ‘‘(B) DISCLOSURE OF IDENTITIES.—The Director shall

not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—

‘‘(i) the individual consents to the disclosure in writing; or

Recommenda- tions.


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‘‘(ii) the Director determines, in the course of an investigation, that the disclosure is required by regula-tion, statute, or court order, or is otherwise unavoid-able, in which case the Director shall provide the indi-vidual reasonable advanced notice of the disclosure. ‘‘(C) INDEPENDENCE OF DIRECTOR.—The Secretary, the

Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.

‘‘(D) ACCESS TO INFORMATION.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, rec-ommendations, and other material of the Agency necessary to determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred. ‘‘(4) RESPONSES TO RECOMMENDATIONS.—Not later than 60

days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Director under para-graph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation.

‘‘(5) INCIDENT REPORTS.—If the Director determines there is a substantial likelihood that a violation of an order, a regula-tion, or any other provision of Federal law relating to aviation safety has occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Depart-ment of Transportation.

‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GEN-ERAL.—If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.

‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later than October 1 of each year, the Director shall submit to Congress a report containing—

‘‘(A) information on the number of submissions of com-plaints and information received by the Director under paragraph (3)(A)(i) in the preceding 12-month period;

‘‘(B) summaries of those submissions; ‘‘(C) summaries of further investigations and corrective

actions recommended in response to the submissions; and ‘‘(D) summaries of the responses of the Administrator

to such recommendations.’’.

SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.


‘‘(d) POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.—

Deadline. Records.

Notice.


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‘‘(1) PROHIBITION.—A person holding an operating certifi-cate issued under title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Avia-tion Administration if the individual, in the preceding 2-year period—

‘‘(A) served as, or was responsible for oversight of, a flight standards inspector of the Administration; and

‘‘(B) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes

of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Administration.’’. (b) APPLICABILITY.—The amendment made by subsection (a)

shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act.

SEC. 343. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE.

(a) REVIEWS.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transpor-tation oversight system database of the Administration is reviewed by regional teams of employees of the Administration, including at least one employee on each team representing aviation safety inspectors, on a monthly basis to ensure that—

(1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken in accordance

with Administration regulations, advisory directives, policies, and procedures. (b) MONTHLY TEAM REPORTS.—

(1) IN GENERAL.—A regional team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Adminis-trator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards Service a report each month on the results of the review.

(2) CONTENTS.—A report submitted under paragraph (1) shall identify—

(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and

(B) any corrective actions taken or proposed to be taken in response to the trends.

(c) BIANNUAL REPORTS TO CONGRESS.—The Administrator, on a biannual basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Com-mittee on Commerce, Science, and Transportation of the Senate a report on the results of the reviews of the air transportation

49 USC 44701 note.

49 USC 44711 note.


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oversight system database conducted under this section, including copies of reports received under subsection (b). SEC. 344. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM DEFINED.— In this section, the term ‘‘Voluntary Disclosure Reporting Program’’ means the program established by the Federal Aviation Administra-tion through Advisory Circular 00–58A, dated September 8, 2006, including any subsequent revisions thereto.

(b) VERIFICATION.—The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to require inspectors to—

(1) verify that air carriers are implementing comprehensive solutions to correct the underlying causes of the violations voluntarily disclosed by such air carriers; and

(2) confirm, before approving a final report of a violation, that a violation with the same root causes, has not been pre-viously discovered by an inspector or self-disclosed by the air carrier. (c) SUPERVISORY REVIEW OF VOLUNTARY SELF-DISCLOSURES.—

The Administrator shall establish a process by which voluntary self-disclosures received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector.

(d) INSPECTOR GENERAL STUDY.— (1) IN GENERAL.—The Inspector General of the Department

of Transportation shall conduct a study of the Voluntary Disclo-sure Reporting Program.

(2) REVIEW.—In conducting the study, the Inspector Gen-eral shall examine, at a minimum, if the Administration—

(A) conducts comprehensive reviews of voluntary disclo-sure reports before closing a voluntary disclosure report under the provisions of the program;

(B) evaluates the effectiveness of corrective actions taken by air carriers; and

(C) effectively prevents abuse of the voluntary disclo-sure reporting program through its secondary review of self-disclosures before they are accepted and closed by the Administration. (3) REPORT TO CONGRESS.—Not later than 1 year after

the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this section.

SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT CREWMEMBERS.

(a) RULEMAKING ON APPLICABILITY OF PART 121 DUTY PERIODS AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later than 180 days after the date of enactment of this Act, the Adminis-trator of the Federal Aviation Administration shall initiate a rule-making proceeding, if such a proceeding has not already been initiated, to require a flight crewmember who is employed by an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment

Deadline.

49 USC 44701 note.

49 USC 40123 note.


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(regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 121 of such title) toward any limitation applicable to the flight crew-member relating to duty periods or flight times under part 121 of such title.

(b) RULEMAKING ON APPLICABILITY OF PART 135 DUTY PERIODS AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later than 1 year after the date of enactment of this Act, the Adminis-trator shall initiate a rulemaking proceeding to require a flight crewmember who is employed by an air carrier conducting oper-ations under part 135 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or any other air carrier con-ducting operations under part 121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 135 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 135 of such title.

(c) SEPARATE RULEMAKING PROCEEDINGS REQUIRED.—The rule-making proceeding required under subsection (b) shall be separate from the rulemaking proceeding required under subsection (a).

SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS.

The Administrator of the Federal Aviation Administration may not finalize the interpretation proposed in Docket No. FAA–2010– 1259, relating to rest requirements, and published in the Federal Register on December 23, 2010.

SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIA-TION AIRCRAFT.

(a) INSPECTION.—As part of the annual inspection of general aviation aircraft, the Administrator of the Federal Aviation Administration shall require a detailed inspection of each emer-gency locator transmitter (in this section referred to as an ‘‘ELT’’) installed in general aviation aircraft operating in the United States to ensure that the ELT is mounted and retained in accordance with the manufacturer’s specifications.

(b) MOUNTING AND RETENTION.— (1) IN GENERAL.—Not later than 90 days after the date

of enactment of this Act, the Administrator shall determine if the ELT mounting requirements and retention tests specified by Technical Standard Orders C91a and C126 are adequate to assess retention capabilities in ELT designs.

(2) REVISION.—Based on the determination under para-graph (1), the Administrator shall make any necessary revisions to the requirements and retention tests referred to in paragraph (1) to ensure that ELTs are properly retained in the event of an aircraft accident. (c) REPORT.—Upon the completion of any revisions under sub-

section (b)(2), the Administrator shall submit a report on the implementation of this section to—

(1) the Committee on Commerce, Science, and Transpor-tation of the Senate; and

(2) the Committee on Transportation and Infrastructure of the House of Representatives.

Deadline. Determination.

49 USC 44712 note.

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TITLE IV—AIR SERVICE IMPROVEMENTS

Subtitle A—Passenger Air Service Improvements

SEC. 401. SMOKING PROHIBITION.

(a) IN GENERAL.—Section 41706 is amended— (1) in the section heading by striking ‘‘scheduled’’ and

inserting ‘‘passenger’’; and (2) by striking subsections (a) and (b) and inserting the

following: ‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND INTRASTATE AIR

TRANSPORTATION.—An individual may not smoke— ‘‘(1) in an aircraft in scheduled passenger interstate or

intrastate air transportation; or ‘‘(2) in an aircraft in nonscheduled passenger interstate

or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration). ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.—

The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—

‘‘(1) in an aircraft in scheduled passenger foreign air transportation; and

‘‘(2) in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 417 is

amended by striking the item relating to section 41706 and inserting the following:

‘‘41706. Prohibitions against smoking on passenger flights.’’.

SEC. 402. MONTHLY AIR CARRIER REPORTS.


‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— ‘‘(1) MONTHLY REPORTS.—The Secretary shall require an

air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels- off time.

‘‘(2) APPLICABILITY.—An air carrier that is required to file a monthly airline service quality performance report pursuant to part 234 of title 14, Code of Federal Regulations, shall be subject to the requirement of paragraph (1).

‘‘(3) CONTENTS.—A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:

‘‘(A) For a diverted flight— ‘‘(i) the flight number of the diverted flight;


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‘‘(ii) the scheduled destination of the flight; ‘‘(iii) the date and time of the flight; ‘‘(iv) the airport to which the flight was diverted; ‘‘(v) wheels-on time at the diverted airport; ‘‘(vi) the time, if any, passengers deplaned the

aircraft at the diverted airport; and ‘‘(vii) if the flight arrives at the scheduled destina-

tion airport— ‘‘(I) the gate-departure time at the diverted

airport; ‘‘(II) the wheels-off time at the diverted air-

port; ‘‘(III) the wheels-on time at the scheduled

arrival airport; and ‘‘(IV) the gate-arrival time at the scheduled

arrival airport. ‘‘(B) For flights cancelled after gate departure—

‘‘(i) the flight number of the cancelled flight; ‘‘(ii) the scheduled origin and destination airports

of the cancelled flight; ‘‘(iii) the date and time of the cancelled flight; ‘‘(iv) the gate-departure time of the cancelled flight;

and ‘‘(v) the time the aircraft returned to the gate.

‘‘(4) PUBLICATION.—The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Internet Web site of the Department of Transpor-tation.’’. (b) EFFECTIVE DATE.—Beginning not later than 90 days after

the date of enactment of this Act, the Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a). SEC. 403. MUSICAL INSTRUMENTS.

(a) IN GENERAL.—Subchapter I of chapter 417 is amended by adding at the end the following:

‘‘§ 41724. Musical instruments ‘‘(a) IN GENERAL.—

‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAGGAGE.—An air carrier providing air transportation shall permit a passenger to carry a violin, guitar, or other musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, if—

‘‘(A) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator; and

‘‘(B) there is space for such stowage at the time the passenger boards the aircraft. ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAGGAGE.—An air

carrier providing air transportation shall permit a passenger to carry a musical instrument that is too large to meet the requirements of paragraph (1) in the aircraft cabin, without

49 USC 41724.

49 USC 41708 note.

Reports. Web posting.


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charging the passenger a fee in addition to the cost of the additional ticket described in subparagraph (E), if—

‘‘(A) the instrument is contained in a case or covered so as to avoid injury to other passengers;

‘‘(B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft;

‘‘(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator;

‘‘(D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the United States; and

‘‘(E) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument. ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAGGAGE.—An air

carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin if—

‘‘(A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft;

‘‘(B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and

‘‘(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator.

‘‘(b) REGULATIONS.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out subsection (a).

‘‘(c) EFFECTIVE DATE.—The requirements of this section shall become effective on the date of issuance of the final regulations under subsection (b).’’.

(b) CONFORMING AMENDMENT.—The analysis for such sub-chapter is amended by adding at the end the following:

‘‘41724. Musical instruments.’’.

SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS.

Section 47107(s)(3) is amended to read as follows: ‘‘(3) SUNSET PROVISION.—This subsection shall cease to be

effective beginning October 1, 2015.’’.

SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

(a) FINDINGS.—Congress finds that— (1) the Armed Forces is comprised of approximately

1,450,000 members who are stationed on active duty at more than 6,000 military bases in 146 different countries;

(2) the United States is indebted to the members of the Armed Forces, many of whom are in grave danger due to their engagement in, or exposure to, combat;

(3) military service, especially in the current war against terrorism, often requires members of the Armed Forces to be

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separated from their families on short notice, for long periods of time, and under very stressful conditions;

(4) the unique demands of military service often preclude members of the Armed Forces from purchasing discounted advance airline tickets in order to visit their loved ones at home; and

(5) it is the patriotic duty of the people of the United States to support the members of the Armed Forces who are defending the Nation’s interests around the world at great personal sacrifice. (b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) all United States commercial air carriers should seek to lend their support with flexible, generous policies applicable to members of the Armed Forces who are traveling on leave or liberty at their own expense; and

(2) each United States air carrier, for all members of the Armed Forces who have been granted leave or liberty and who are traveling by air at their own expense, should—

(A) seek to provide reduced air fares that are com-parable to the lowest airfare for ticketed flights and that eliminate to the maximum extent possible advance pur-chase requirements;

(B) seek to eliminate change fees or charges and any penalties;

(C) seek to eliminate or reduce baggage and excess weight fees;

(D) offer flexible terms that allow members to pur-chase, modify, or cancel tickets without time restrictions, and to waive fees (including baggage fees), ancillary costs, or penalties; and

(E) seek to take proactive measures to ensure that all airline employees, particularly those who issue tickets and respond to members of the Armed Forces and their family members, are trained in the policies of the airline aimed at benefitting members of the Armed Forces who are on leave or liberty.

SEC. 406. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND ASSOCIATED CAUSES.

(a) REVIEW.—The Inspector General of the Department of Transportation shall conduct a review regarding air carrier flight delays, cancellations, and associated causes to update the 2000 report numbered CR–2000–112 and titled ‘‘Audit of Air Carrier Flight Delays and Cancellations’’.

(b) ASSESSMENTS.—In conducting the review under subsection (a), the Inspector General shall assess—

(1) the need for an update on delay and cancellation statis-tics, including with respect to the number of chronically delayed flights and taxi-in and taxi-out times;

(2) air carriers’ scheduling practices; (3) the need for a reexamination of capacity benchmarks

at the Nation’s busiest airports; (4) the impact of flight delays and cancellations on air

travelers, including recommendations for programs that could be implemented to address the impact of flight delays on air travelers;


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(5) the effect that limited air carrier service options on routes have on the frequency of delays and cancellations on such routes;

(6) the effect of the rules and regulations of the Department of Transportation on the decisions of air carriers to delay or cancel flights; and

(7) the impact of flight delays and cancellations on the airline industry. (c) REPORT TO CONGRESS.—Not later than 1 year after the

date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b). SEC. 407. COMPENSATION FOR DELAYED BAGGAGE.

(a) STUDY.—The Comptroller General of the United States shall conduct a study to—

(1) examine delays in the delivery of checked baggage to passengers of air carriers; and

(2) assess the options for and examine the impact of estab-lishing minimum standards to compensate a passenger in the case of an unreasonable delay in the delivery of checked bag-gage. (b) CONSIDERATION.—In conducting the study, the Comptroller

General shall take into account the additional fees for checked baggage that are imposed by many air carriers and how the addi-tional fees should improve an air carrier’s baggage performance.

(c) REPORT TO CONGRESS.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the results of the study. SEC. 408. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

The Secretary of Transportation may investigate consumer com-plaints regarding—

(1) flight cancellations; (2) compliance with Federal regulations concerning over-

booking seats on flights; (3) lost, damaged, or delayed baggage, and difficulties with

related airline claims procedures; (4) problems in obtaining refunds for unused or lost tickets

or fare adjustments; (5) incorrect or incomplete information about fares, discount

fare conditions and availability, overcharges, and fare increases; (6) the rights of passengers who hold frequent flyer miles

or equivalent redeemable awards earned through customer- loyalty programs; and

(7) deceptive or misleading advertising. SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135.

(a) STUDY REQUIRED.—The Administrator of the Federal Avia-tion Administration, in consultation with interested parties, shall conduct a study of operators regulated under part 135 of title 14, Code of Federal Regulations.

(b) CONTENTS.—In conducting the study under subsection (a), the Administrator shall analyze the part 135 fleet in the United States, which shall include analysis of—

49 USC 42302 note.


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(1) the size and type of aircraft in the fleet; (2) the equipment utilized by the fleet; (3) the hours flown each year by the fleet; (4) the utilization rates with respect to the fleet; (5) the safety record of various categories of use and aircraft

types with respect to the fleet, through a review of the database of the National Transportation Safety Board;

(6) the sales revenues of the fleet; and (7) the number of passengers and airports served by the

fleet. (c) REPORT TO CONGRESS.—Not later than 18 months after

the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a). SEC. 410. USE OF CELL PHONES ON PASSENGER AIRCRAFT.

(a) CELL PHONE STUDY.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct a study on the impact of the use of cell phones for voice communications in an aircraft during a flight in scheduled passenger air transportation where currently permitted by foreign governments in foreign air transpor-tation.

(b) CONTENTS.—The study shall include— (1) a review of foreign government and air carrier policies

on the use of cell phones during flight; (2) a review of the extent to which passengers use cell

phones for voice communications during flight; and (3) a summary of any impacts of cell phone use during

flight on safety, the quality of the flight experience of pas-sengers, and flight attendants. (c) COMMENT PERIOD.—Not later than 180 days after the date

of enactment of this Act, the Administrator shall publish in the Federal Register the results of the study and allow 60 days for public comment.

(d) CELL PHONE REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION

CONSUMER PROTECTION.

(a) IN GENERAL.—The Secretary of Transportation shall estab-lish an advisory committee for aviation consumer protection to advise the Secretary in carrying out activities relating to airline customer service improvements.

(b) MEMBERSHIP.—The Secretary shall appoint the members of the advisory committee, which shall be comprised of one rep-resentative each of—

(1) air carriers; (2) airport operators; (3) State or local governments with expertise in consumer

protection matters; and (4) nonprofit public interest groups with expertise in con-

sumer protection matters.

49 USC 42301 prec. note.

Deadline. Federal Register, publication.

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(c) VACANCIES.—A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.

(d) TRAVEL EXPENSES.—Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

(e) CHAIRPERSON.—The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.

(f) DUTIES.—The duties of the advisory committee shall include—

(1) evaluating existing aviation consumer protection pro-grams and providing recommendations for the improvement of such programs, if needed; and

(2) providing recommendations for establishing additional aviation consumer protection programs, if needed. (g) REPORT TO CONGRESS.—Not later than February 1 of each

of the first 2 calendar years beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing—

(1) the recommendations made by the advisory committee during the preceding calendar year; and

(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not imple-mented, the Secretary’s reason for not implementing the rec-ommendation. (h) TERMINATION.—The advisory committee established under

this section shall terminate on September 30, 2015. SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE

OF CHILD SAFETY SEATS ON AIRCRAFT.

Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking to require each air carrier operating under part 121 of title 14, Code of Federal Regulations, to post on the Internet Web site of the air carrier the maximum dimensions of a child safety seat that can be used on each aircraft operated by the air carrier to enable passengers to determine which child safety seats can be used on those aircraft. SEC. 413. SCHEDULE REDUCTION.

(a) IN GENERAL.—If the Administrator of the Federal Aviation Administration determines that—

(1) the aircraft operations of air carriers during any hour at an airport exceed the hourly maximum departure and arrival rate established by the Administrator for such operations; and

(2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the safe and efficient use of navigable airspace,

the Administrator shall convene a meeting of such carriers to reduce pursuant to section 41722 of title 49, United States Code, on a voluntary basis, the number of such operations so as not to exceed the maximum departure and arrival rate.

(b) NO AGREEMENT.—If the air carriers participating in a meeting with respect to an airport under subsection (a) are not able to agree to a reduction in the number of flights to and from

Determination.

49 USC 41722 note.

Deadline. Regulations. Web posting.

49 USC 42301 prec. note.


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the airport so as not to exceed the maximum departure and arrival rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented.

(c) SUBSEQUENT SCHEDULE INCREASES.—Subsequent to any reduction in operations under subsection (a) or (b) at an airport, if the Administrator determines that the hourly number of aircraft operations at that airport is less than the amount that can be handled safely and efficiently, the Administrator shall ensure that priority is given to United States air carriers in permitting addi-tional aircraft operations with respect to that hour.

SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT EXEMPTIONS.

(a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.—Section 41718 is amended by adding at the end the following:

‘‘(g) ADDITIONAL SLOT EXEMPTIONS.— ‘‘(1) INCREASE IN SLOT EXEMPTIONS.—Not later than 90

days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary shall grant, by order 16 exemptions from—

‘‘(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and airports located beyond the perimeter described in section 49109; and

‘‘(B) the requirements of subparts K and S of part 93, Code of Federal Regulations. ‘‘(2) NEW ENTRANTS AND LIMITED INCUMBENTS.—Of the slot

exemptions made available under paragraph (1), the Secretary shall make 8 available to limited incumbent air carriers or new entrant air carriers (as such terms are defined in section 41714(h)). Such exemptions shall be allocated pursuant to the application process established by the Secretary under sub-section (d). The Secretary shall consider the extent to which the exemptions will—

‘‘(A) provide air transportation with domestic network benefits in areas beyond the perimeter described in section 49109;

‘‘(B) increase competition in multiple markets; ‘‘(C) not reduce travel options for communities served

by small hub airports and medium hub airports within the perimeter described in section 49109;

‘‘(D) not result in meaningfully increased travel delays; ‘‘(E) enhance options for nonstop travel to and from

the beyond-perimeter airports that will be served as a result of those exemptions;

‘‘(F) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions; or

‘‘(G) produce public benefits, including the likelihood that the service to airports located beyond the perimeter described in section 49109 will result in lower fares, higher capacity, and a variety of service options. ‘‘(3) IMPROVED NETWORK SLOTS.—Of the slot exemptions

made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington

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National Airport as of the date of enactment of the FAA Mod-ernization and Reform Act of 2012. Each such non-limited incumbent air carrier—

‘‘(A) may operate up to a maximum of 2 of the newly authorized slot exemptions;

‘‘(B) prior to exercising an exemption made available under paragraph (1), shall discontinue the use of a slot for service between Ronald Reagan Washington National Airport and a large hub airport within the perimeter as described in section 49109, and operate, in place of such service, service between Ronald Reagan Washington National Airport and an airport located beyond the perim-eter described in section 49109;

‘‘(C) shall be entitled to return of the slot by the Sec-retary if use of the exemption made available to the carrier under paragraph (1) is discontinued;

‘‘(D) shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent beyond perimeter destinations to be served; and

‘‘(E) shall file a notice of intent with the Secretary and subsequent notices of intent, when appropriate, to inform the Secretary of any change in circumstances con-cerning the use of any exemption made available under paragraph (1). ‘‘(4) NOTICES OF INTENT.—Notices of intent under para-

graph (3)(E) shall specify the beyond perimeter destination to be served and the slots the carrier shall discontinue using to serve a large hub airport located within the perimeter.

‘‘(5) CONDITIONS.—Beyond-perimeter flight operations car-ried out by an air carrier using an exemption granted under this subsection shall be subject to the following conditions:

‘‘(A) An air carrier may not operate a multi-aisle or widebody aircraft in conducting such operations.

‘‘(B) An air carrier granted an exemption under this subsection is prohibited from transferring the rights to its beyond-perimeter exemptions pursuant to section 41714(j).

‘‘(h) SCHEDULING PRIORITY.—In administering this section, the Secretary shall—

‘‘(1) afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air carriers granted addi-tional slot exemptions under subsection (g) for service to air-ports located beyond the perimeter described in section 49109;

‘‘(2) afford a scheduling priority to slot exemptions currently held by new entrant air carriers and limited incumbent air carriers for service to airports located beyond the perimeter described in section 49109, to the extent necessary to protect viability of such service; and

‘‘(3) consider applications from foreign air carriers that are certificated by the government of Canada if such consider-ation is required by the bilateral aviation agreement between the United States and Canada and so long as the conditions and limitations under this section apply to such foreign air carriers.’’.

Notice.


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(b) HOURLY LIMITATION.—Section 41718(c)(2) is amended to read as follows:

‘‘(2) GENERAL EXEMPTIONS.— ‘‘(A) HOURLY LIMITATION.—The exemptions granted—

‘‘(i) under subsections (a) and (b) and departures authorized under subsection (g)(2) may not be for oper-ations between the hours of 10:00 p.m. and 7:00 a.m.; and

‘‘(ii) under subsections (a), (b), and (g) may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 5 operations. ‘‘(B) USE OF EXISTING SLOTS.—A non-limited incumbent

air carrier utilizing an exemption authorized under sub-section (g)(3) for an arrival permitted between the hours of 10:01 p.m. and 11:00 p.m. under this section shall dis-continue use of an existing slot during the same time period the arrival exemption is operated.’’.

(c) LIMITED INCUMBENT DEFINITION.—Section 41714(h)(5) is amended—

(1) in subparagraph (A) by striking ‘‘20’’ and inserting ‘‘40’’;

(2) by amending subparagraph (B) to read as follows: ‘‘(B) for purposes of such sections, the term ‘slot’ shall

not include— ‘‘(i) ‘slot exemptions’; ‘‘(ii) slots operated by an air carrier under a fee-

for-service arrangement for another air carrier, if the air carrier operating such slots does not sell flights in its own name, and is under common ownership with an air carrier that seeks to qualify as a limited incumbent and that sells flights in its own name; or

‘‘(iii) slots held under a sale and license-back financing arrangement with another air carrier, where the slots are under the marketing control of the other air carrier; and’’.

(d) TRANSFER OF EXEMPTIONS.—Section 41714(j) is amended by striking the period at the end and inserting ‘‘, except through an air carrier merger or acquisition.’’.

(e) DEFINITION OF AIRPORT PURPOSES.—Section 49104(a)(2)(A) is amended—

(1) in clause (ii) by striking ‘‘or’’ at the end; (2) in clause (iii) by striking the period at the end and

inserting ‘‘; or’’; and (3) by adding at the end the following:

‘‘(iv) a business or activity not inconsistent with the needs of aviation that has been approved by the Secretary.’’.

SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS.

(a) IN GENERAL.—Subtitle VII is amended by inserting after chapter 421 the following:


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‘‘CHAPTER 423—PASSENGER AIR SERVICE IMPROVEMENTS

‘‘Sec. ‘‘42301. Emergency contingency plans. ‘‘42302. Consumer complaints. ‘‘42303. Use of insecticides in passenger aircraft.

‘‘§ 42301. Emergency contingency plans ‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT PLANS.—Not

later than 90 days after the date of enactment of this section, each of the following air carriers and airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section:

‘‘(1) An air carrier providing covered air transportation at a commercial airport.

‘‘(2) An operator of a commercial airport. ‘‘(3) An operator of an airport used by an air carrier

described in paragraph (1) for diversions. ‘‘(b) AIR CARRIER PLANS.—

‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air carrier shall submit an emergency contingency plan under subsection (a) for—

‘‘(A) each airport at which the carrier provides covered air transportation; and

‘‘(B) each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control. ‘‘(2) CONTENTS.—An emergency contingency plan submitted

by an air carrier for an airport under subsection (a) shall contain a description of how the carrier will—

‘‘(A) provide adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;

‘‘(B) share facilities and make gates available at the airport in an emergency; and

‘‘(C) allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3). ‘‘(3) DEPLANING FOLLOWING AN EXCESSIVE TARMAC DELAY.—

For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection (a) shall incorporate the following requirements:

‘‘(A) A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.

‘‘(B) The option described in subparagraph (A) shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial airport other than the originally scheduled airport.

‘‘(C) Notwithstanding the requirements described in subparagraphs (A) and (B), a passenger shall not have an option to deplane an aircraft and return to the airport terminal in the case of an excessive tarmac delay if—

Deadline.

49 USC 42301.


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‘‘(i) an air traffic controller with authority over the aircraft advises the pilot in command that permit-ting a passenger to deplane would significantly disrupt airport operations; or

‘‘(ii) the pilot in command determines that permit-ting a passenger to deplane would jeopardize passenger safety or security.

‘‘(c) AIRPORT PLANS.—An emergency contingency plan sub-mitted by an airport operator under subsection (a) shall contain a description of how the operator, to the maximum extent prac-ticable, will—

‘‘(1) provide for the deplanement of passengers following excessive tarmac delays;

‘‘(2) provide for the sharing of facilities and make gates available at the airport in an emergency; and

‘‘(3) provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection. ‘‘(d) UPDATES.—

‘‘(1) AIR CARRIERS.—An air carrier shall update each emer-gency contingency plan submitted by the carrier under sub-section (a) every 3 years and submit the update to the Secretary for review and approval.

‘‘(2) AIRPORTS.—An airport operator shall update each emergency contingency plan submitted by the operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval. ‘‘(e) APPROVAL.—

‘‘(1) IN GENERAL.—Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection (a) or an update submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or update will effectively address emergencies and provide for the health and safety of passengers.

‘‘(2) FAILURE TO APPROVE OR REQUIRE MODIFICATIONS.— If the Secretary fails to approve or require modifications to a plan or update under paragraph (1) within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.

‘‘(3) ADHERENCE REQUIRED.—An air carrier or airport oper-ator shall adhere to an emergency contingency plan of the carrier or operator approved under this section. ‘‘(f) MINIMUM STANDARDS.—The Secretary shall establish, as

necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.

‘‘(g) PUBLIC ACCESS.—An air carrier or airport operator required to submit an emergency contingency plan under this section shall ensure public access to the plan after its approval under this section on the Internet Web site of the carrier or operator or by such other means as determined by the Secretary.

‘‘(h) REPORTS.—Not later than 30 days after any flight experi-ences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.

Web posting.

Deadline. Review.

Deadlines.


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‘‘(i) DEFINITIONS.—In this section, the following definitions apply:

‘‘(1) COMMERCIAL AIRPORT.—The term ‘commercial airport’ means a large hub, medium hub, small hub, or nonhub airport.

‘‘(2) COVERED AIR TRANSPORTATION.—The term ‘covered air transportation’ means scheduled or public charter passenger air transportation provided by an air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats.

‘‘(3) TARMAC DELAY.—The term ‘tarmac delay’ means the period during which passengers are on board an aircraft on the tarmac—

‘‘(A) awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the pas-sengers have not been advised they are free to deplane; or

‘‘(B) awaiting deplaning after the aircraft has landed. ‘‘(4) EXCESSIVE TARMAC DELAY.—The term ‘excessive tarmac

delay’ means a tarmac delay that lasts for a length of time, as determined by the Secretary.

‘‘§ 42302. Consumer complaints ‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-

lish a consumer complaints toll-free hotline telephone number for the use of passengers in air transportation and shall take actions to notify the public of—

‘‘(1) that telephone number; and ‘‘(2) the Internet Web site of the Aviation Consumer Protec-

tion Division of the Department of Transportation. ‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.—An air carrier

or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the Internet Web site of the carrier—

‘‘(1) the hotline telephone number established under sub-section (a);

‘‘(2) the e-mail address, telephone number, and mailing address of the air carrier for the submission of complaints by passengers about air travel service problems; and

‘‘(3) the Internet Web site and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of complaints by passengers about air travel service problems. ‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCUMENTATION.—

An air carrier or foreign air carrier providing scheduled air transpor-tation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include the hotline telephone number established under subsection (a) on—

‘‘(1) prominently displayed signs of the carrier at the airport ticket counters in the United States where the air carrier operates; and

‘‘(2) any electronic confirmation of the purchase of a pas-senger ticket for air transportation issued by the air carrier.

‘‘§ 42303. Use of insecticides in passenger aircraft ‘‘(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The

Secretary of Transportation shall establish, and make available Public information.

49 USC 42303.

Notifications.

49 USC 42302.

Applicability.


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to the general public, an Internet Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers.

‘‘(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the Internet Web site established under subsection (a) shall refer the purchaser of the ticket to the Internet Web site established under subsection (a) for additional information.’’.

(b) PENALTIES.—Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ after ‘‘chapter 421,’’.

(c) APPLICABILITY OF REQUIREMENTS.—Except as otherwise pro-vided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act.

(d) CLERICAL AMENDMENT.—The analysis for subtitle VII is amended by inserting after the item relating to chapter 421 the following: ‘‘423. Passenger Air Service Improvements .........................................................42301’’.

Subtitle B—Essential Air Service

SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT AVERAGE FEWER THAN 10 ENPLANEMENTS PER DAY.

Section 41731 is amended— (1) in subsection (a)(1) by amending subparagraph (B) to

read as follows: ‘‘(B) had an average of 10 enplanements per service

day or more, as determined by the Secretary, during the most recent fiscal year beginning after September 30, 2012;’’;

(2) by amending subsection (c) to read as follows: ‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA AND HAWAII.—Sub-

paragraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the State of Alaska or the State of Hawaii.’’;

(3) by amending subsection (d) to read as follows: ‘‘(d) EXCEPTIONS FOR LOCATIONS MORE THAN 175 DRIVING

MILES FROM THE NEAREST LARGE OR MEDIUM HUB AIRPORT.— Subsection (a)(1)(B) shall not apply with respect to locations that are more than 175 driving miles from the nearest large or medium hub airport.’’; and

(4) by adding at the end the following: ‘‘(e) WAIVERS.—For fiscal year 2013 and each fiscal year there-

after, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements.

‘‘(f) DEFINITION.—For purposes of subsection (a)(1)(B), the term ‘enplanements’ means the number of passengers enplaning, at an

Effective date. 49 USC 42301 note.


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eligible place, on flights operated by the subsidized essential air service carrier.’’.

SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.

Section 41731(a)(1) is further amended— (1) in subparagraph (C) by striking the period at the end

and inserting ‘‘; and’’; and (2) by adding at the end the following:

‘‘(D) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—

‘‘(i) received essential air service for which com-pensation was provided to an air carrier under this subchapter; or

‘‘(ii) received a 90-day notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.’’.

SEC. 423. ESSENTIAL AIR SERVICE MARKETING.

Section 41733(c)(1) is amended— (1) by redesignating subparagraph (E) as subparagraph

(F); (2) by striking ‘‘and’’ at the end of subparagraph (D); and (3) by inserting after subparagraph (D) the following: ‘‘(E) whether the air carrier has included a plan in its

proposal to market its services to the community; and’’.

SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGI-BILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE.

Section 41733 is amended by adding at the end the following: ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGI-

BILITY.— ‘‘(1) IN GENERAL.—The Secretary shall notify each commu-

nity receiving basic essential air service for which compensation is being paid under this subchapter on or before the 45th day before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per pas-senger in excess of the subsidy cap.

‘‘(2) PROCEDURES TO AVOID TERMINATION.—The Secretary shall establish, by order, procedures by which each community notified of an impending loss of subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of com-pensation that would not exceed the subsidy cap.

‘‘(3) ASSISTANCE PROVIDED.—The Secretary shall provide, by order, information to each community notified under para-graph (1) regarding—

‘‘(A) the procedures established pursuant to paragraph (2); and

‘‘(B) the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with basic essential air service and the subsidy cap.’’.

Order.

Order.

Deadline.

Time period.


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SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE.

Section 41733 is further amended by adding at the end the following:

‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS TO RESTORE ELIGIBILITY.—

‘‘(1) IN GENERAL.—If the Secretary, after the date of enact-ment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap or that the place is no longer an eligible place pursuant to section 41731(a)(1)(B), a State or local govern-ment may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.

‘‘(2) DETERMINATION BY SECRETARY.—The Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c) if—

‘‘(A) a State or local government submits to the Sec-retary a proposal under paragraph (1); and

‘‘(B) the Secretary determines that— ‘‘(i) the rate of subsidy per passenger under the

proposal does not exceed the subsidy cap; ‘‘(ii) the proposal is likely to result in an average

number of enplanements per day that will satisfy the requirement in section 41731(a)(1)(B); and

‘‘(iii) the proposal is consistent with the legal and regulatory requirements of the essential air service program.

‘‘(h) SUBSIDY CAP DEFINED.—In this section, the term ‘subsidy cap’ means the subsidy-per-passenger cap established by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022).’’.

SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS.

(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.—Subject to the availability of funds, the Secretary may increase the rates of compensation payable to air carriers under subchapter II of chapter 417 of title 49, United States Code, to compensate such carriers for increased aviation fuel costs without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734 of such title.

(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDIVIDUAL CON-TRACTS.—

(1) IN GENERAL.—Section 41734(d) is amended by striking ‘‘continue to pay’’ and all that follows through ‘‘compensation sufficient—’’ and inserting ‘‘provide the carrier with compensa-tion sufficient—’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to compensation to air carriers for air service provided after the 30th day following the date of enactment of this Act.

Applicability. 49 USC 41734 note.

49 USC 41737 note.

Order.


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(c) SUBSIDY CAP.—Subject to the availability of funds, the Sec-retary may waive, on a case-by-case basis, the subsidy-per-pas-senger cap established by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022). A waiver issued under this subsection shall remain in effect for a limited period of time, as determined by the Secretary.

SEC. 427. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.

(a) COMPENSATION GUIDELINES.—Section 41737(a)(1) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B); (2) in subparagraph (C) by striking the period at the end

and inserting a semicolon; and (3) by adding at the end the following: ‘‘(D) include provisions under which the Secretary may

encourage an air carrier to improve air service for which com-pensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connec-tions to flights providing service beyond hub airports, and increasing marketing efforts; and

‘‘(E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so.’’. (b) DEADLINE FOR ISSUANCE OF REVISED GUIDANCE.—Not later

than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue revised guidelines governing the rate of compensation payable under subchapter II of chapter 417 that incorporate the amendments made by this section.

(c) UPDATE.—Not later than 2 years after the date of issuance of revised guidelines pursuant to subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an update of the extent to which the revised guidelines have been implemented and the impact, if any, such implementation has had on air carrier perform-ance and community satisfaction with air service for which com-pensation is being paid under subchapter II of chapter 417.

SEC. 428. ESSENTIAL AIR SERVICE REFORM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 41742(a) is amended—

(1) in paragraph (1)— (A) by inserting ‘‘for each fiscal year’’ before ‘‘is author-

ized’’; and (B) by striking ‘‘under this subchapter for each fiscal

year’’ and inserting ‘‘under this subchapter’’; and (2) in paragraph (2) by striking ‘‘and $54,699,454 for the

period beginning on October 1, 2011, and ending on February 17, 2012,’’ and inserting ‘‘, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014, and $93,000,000 for fiscal year 2015’’.

Deadline.

49 USC 41737 note.

49 USC 41731 note.


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(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Section 41742(b) is amended to read as follows:

‘‘(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available under subsection (a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter.’’.

(c) AVAILABILITY OF FUNDS.—Section 41742 is amended by adding at the end the following:

‘‘(c) AVAILABILITY OF FUNDS.—The funds made available under this section shall remain available until expended.’’. SEC. 429. SMALL COMMUNITY AIR SERVICE.

(a) PRIORITIES.—Section 41743(c)(5) is amended— (1) by striking ‘‘and’’ at the end of subparagraph (D); (2) in subparagraph (E) by striking ‘‘fashion.’’ and inserting

‘‘fashion; and’’; and (3) by adding at the end the following:

‘‘(F) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.’’.

(b) EXTENSION OF AUTHORIZATION.—Section 41743(e)(2) is amended to read as follows:

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-ized to be appropriated to the Secretary $6,000,000 for each of fiscal years 2012 through 2015 to carry out this section. Such sums shall remain available until expended.’’.

SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.

Section 41747, and the item relating to section 41747 in the analysis for chapter 417, are repealed. SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE

ADJUSTMENT ELIGIBILITY.

Section 409(d) of the Vision 100—Century of Aviation Reauthor-ization Act (49 U.S.C. 41731 note) is amended by striking ‘‘February 17, 2012.’’ and inserting ‘‘September 30, 2015.’’.

TITLE V—ENVIRONMENTAL STREAMLINING

SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.

(a) GENERAL REQUIREMENTS.—Section 40128(a)(1)(C) is amended by inserting ‘‘or voluntary agreement under subsection (b)(7)’’ before ‘‘for the park’’.

(b) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER FLIGHTS EACH YEAR.—Section 40128(a) is amended by adding at the end the following:

‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER FLIGHTS EACH YEAR.—

‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour


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operations over the park each year shall be exempt from the requirements of this section, except as provided in subparagraph (B).

‘‘(B) WITHDRAWAL OF EXEMPTION.—If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall with-draw the exemption of a park under subparagraph (A).

‘‘(C) LIST OF PARKS.— ‘‘(i) IN GENERAL.—The Director and Administrator

shall jointly publish a list each year of national parks that are covered by the exemption provided under this paragraph.

‘‘(ii) NOTIFICATION OF WITHDRAWAL OF EXEMP-TION.—The Director shall inform the Administrator, in writing, of each determination to withdraw an exemption under subparagraph (B). ‘‘(D) ANNUAL REPORT.—A commercial air tour operator

conducting commercial air tour operations over a national park that is exempt from the requirements of this section shall submit to the Administrator and the Director a report each year that includes the number of commercial air tour operations the operator conducted during the preceding 1-year period over such park.’’.

(c) AIR TOUR MANAGEMENT PLANS.—Section 40128(b) is amended—

(1) in paragraph (1) by adding at the end the following: ‘‘(C) EXCEPTION.—An application to begin commercial

air tour operations at Crater Lake National Park may be denied without the establishment of an air tour manage-ment plan by the Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor experiences.’’; and (2) by adding at the end the following: ‘‘(7) VOLUNTARY AGREEMENTS.—

‘‘(A) IN GENERAL.—As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a commercial air tour operator (including a new entrant commercial air tour operator and an operator that has interim operating authority) that has applied to conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park.

‘‘(B) PARK PROTECTION.—A voluntary agreement under this paragraph with respect to commercial air tour oper-ations over a national park shall address the management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic control system and may—

‘‘(i) include provisions such as those described in subparagraphs (B) through (E) of paragraph (3);

‘‘(ii) include provisions to ensure the stability of, and compliance with, the voluntary agreement; and

‘‘(iii) provide for fees for such operations. ‘‘(C) PUBLIC REVIEW.—The Director and the Adminis-

trator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and

Consultation.

Publication.


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shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection.

‘‘(D) TERMINATION.— ‘‘(i) IN GENERAL.—A voluntary agreement under

this paragraph may be terminated at any time at the discretion of—

‘‘(I) the Director, if the Director determines that the agreement is not adequately protecting park resources or visitor experiences; or

‘‘(II) the Administrator, if the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system. ‘‘(ii) EFFECT OF TERMINATION.—If a voluntary

agreement with respect to a national park is termi-nated under this subparagraph, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.’’.

(d) INTERIM OPERATING AUTHORITY.—Section 40128(c) is amended—

(1) by striking paragraph (2)(I) and inserting the following: ‘‘(I) may allow for modifications of the interim oper-

ating authority without further environmental review beyond that described in this subsection, if—

‘‘(i) adequate information regarding the existing and proposed operations of the operator under the interim operating authority is provided to the Adminis-trator and the Director;

‘‘(ii) the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and

‘‘(iii) the Director agrees with the modification, based on the professional expertise of the Director regarding the protection of the resources, values, and visitor use and enjoyment of the park.’’; and

(2) in paragraph (3)(A) by striking ‘‘if the Administrator determines’’ and all that follows through the period at the end and inserting ‘‘without further environmental process beyond that described in this paragraph, if—

‘‘(i) adequate information on the proposed oper-ations of the operator is provided to the Administrator and the Director by the operator making the request;

‘‘(ii) the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and

‘‘(iii) the Director agrees, based on the Director’s professional expertise regarding the protection of park resources and values and visitor use and enjoyment.’’.

(e) OPERATOR REPORTS.—Section 40128 is amended— (1) by redesignating subsections (d), (e), and (f) as sub-

sections (e), (f), and (g), respectively; and


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(2) by inserting after subsection (c) the following: ‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.—

‘‘(1) REPORT.—Each commercial air tour operator con-ducting a commercial air tour operation over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Administrator and the Director a report regarding the number of commercial air tour operations over each national park that are conducted by the operator and such other information as the Administrator and Director may request in order to facili-tate administering the provisions of this section.

‘‘(2) REPORT SUBMISSION.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator and the Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and the Director with a frequency and in a format prescribed by the Administrator and the Director.’’.

SEC. 502. STATE BLOCK GRANT PROGRAM.

(a) GENERAL REQUIREMENTS.—Section 47128(a) is amended— (1) in the first sentence by striking ‘‘prescribe regulations’’

and inserting ‘‘issue guidance’’; and (2) in the second sentence by striking ‘‘regulations’’ and

inserting ‘‘guidance’’. (b) APPLICATIONS AND SELECTION.—Section 47128(b)(4) is

amended by inserting before the semicolon the following: ‘‘, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environ-mental requirements’’.

(c) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIRE-MENTS.—Section 47128 is amended by adding at the end the fol-lowing:

‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIRE-MENTS.—A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall—

‘‘(1) coordinate and consult with the State; ‘‘(2) use the environmental analysis prepared by the State

for the project or activity if such analysis is adequate; and ‘‘(3) as necessary, consult with the State to describe the

supplemental analysis the State must provide to meet applicable Federal requirements.’’.

SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

Section 47173(a) is amended by striking ‘‘services of consultants in order to’’ and all that follows through the period at the end and inserting ‘‘services of consultants—

‘‘(1) to facilitate the timely processing, review, and comple-tion of environmental activities associated with an airport development project;

‘‘(2) to conduct special environmental studies related to an airport project funded with Federal funds;

Consultation.


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‘‘(3) to conduct special studies or reviews to support approved noise compatibility measures described in part 150 of title 14, Code of Federal Regulations;

‘‘(4) to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration; and

‘‘(5) to facilitate the timely processing, review, and comple-tion of environmental activities associated with new or amended flight procedures, including performance-based navigation procedures, such as required navigation performance proce-dures and area navigation procedures.’’.

SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCE-DURES.

Section 47504 is amended by adding at the end the following: ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCEDURES.—

‘‘(1) IN GENERAL.—In accordance with subsection (c)(1), the Secretary may make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at such airport that have been approved as part of an airport noise compat-ibility program under subsection (b).

‘‘(2) ADDITIONAL STAFF.—The Administrator may accept funds from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight proce-dures at such airport that have been approved as part of an airport noise compatibility program under subsection (b).

‘‘(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Not-withstanding section 3302 of title 31, any funds accepted under this section—

‘‘(A) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;

‘‘(B) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and

‘‘(C) shall remain available until expended.’’.

SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES.

Section 47504 (as amended by this Act) is further amended by adding at the end the following:

‘‘(f) DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES.—In approving a project to acquire residential real property using financial assistance made available under this sec-tion or chapter 471, the Secretary shall ensure that the appraisal of the property to be acquired disregards any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.’’.


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SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS.

(a) IN GENERAL.—Subchapter II of chapter 475 is amended by adding at the end the following:

‘‘§ 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

‘‘(a) PROHIBITION.—Except as otherwise provided by this section, after December 31, 2015, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experi-mental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.

‘‘(b) AIRCRAFT OPERATIONS OUTSIDE 48 CONTIGUOUS STATES.— Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.

‘‘(c) TEMPORARY OPERATIONS.—The Secretary may allow tem-porary operation of an aircraft otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:

‘‘(1) To sell, lease, or use the aircraft outside the 48 contig-uous States.

‘‘(2) To scrap the aircraft. ‘‘(3) To obtain modifications to the aircraft to meet stage

3 noise levels. ‘‘(4) To perform scheduled heavy maintenance or significant

modifications on the aircraft at a maintenance facility located in the contiguous 48 States.

‘‘(5) To deliver the aircraft to an operator leasing the air-craft from the owner or return the aircraft to the lessor.

‘‘(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).

‘‘(7) To provide transport of persons and goods in the relief of an emergency situation.

‘‘(8) To divert the aircraft to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7). ‘‘(d) REGULATIONS.—The Secretary may prescribe such regula-

tions or other guidance as may be necessary for the implementation of this section.

‘‘(e) STATUTORY CONSTRUCTION.— ‘‘(1) AIP GRANT ASSURANCES.—Noncompliance with sub-

section (a) shall not be construed as a violation of section 47107 or any regulations prescribed thereunder.

‘‘(2) PENDING APPLICATIONS.—Nothing in this section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to applications under part 161 of title 14, Code of

Effective date. 49 USC 47534.


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Federal Regulations, that were pending on the date of enact-ment of this section.’’. (b) CONFORMING AMENDMENTS.—

(1) PENALTIES.—Section 47531 is amended— (A) in the section heading by striking ‘‘for violating

sections 47528–47530’’; and (B) by striking ‘‘47529, or 47530’’ and inserting ‘‘47529,

47530, or 47534’’. (2) JUDICIAL REVIEW.—Section 47532 is amended by

inserting ‘‘or 47534’’ after ‘‘47528–47531’’. (3) ANALYSIS.—The analysis for subchapter II of chapter

475 is amended— (A) by striking the item relating to section 47531 and

inserting the following:

‘‘47531. Penalties.’’; and

(B) by adding at the end the following:

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.’’.

SEC. 507. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PRO-GRAM.

(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) to test air traffic flow management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft.

(b) SELECTION CRITERIA.—In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program.

(c) MAXIMUM AMOUNT.—Not more than a total of $2,500,000 may be expended under the pilot program at any single public- use airport. SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE

AIR TRAFFIC CONTROL FACILITIES.

The Administrator of the Federal Aviation Administration may implement, to the extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption at, improve the environmental performance of, and reduce the cost of maintenance for such facilities. SEC. 509. SENSE OF CONGRESS.

It is the sense of Congress that— (1) the European Union directive extending the European

Union’s emissions trading proposal to international civil avia-tion without working through the International Civil Aviation Organization (in this section referred to as the ‘‘ICAO’’) in

49 USC 44502 note.

49 USC 44505 note.


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a consensus-based fashion is inconsistent with the Convention on International Civil Aviation, completed in Chicago on December 7, 1944 (TIAS 1591; commonly known as the ‘‘Chicago Convention’’), and other relevant air services agreements and antithetical to building international cooperation to address effectively the problem of greenhouse gas emissions by aircraft engaged in international civil aviation;

(2) the European Union and its member states should instead work with other contracting states of ICAO to develop a consensual approach to addressing aircraft greenhouse gas emissions through ICAO; and

(3) officials of the United States Government, and particu-larly the Secretary of Transportation and the Administrator of the Federal Aviation Administration, should use all political, diplomatic, and legal tools at the disposal of the United States to ensure that the European Union’s emissions trading scheme is not applied to aircraft registered by the United States or the operators of those aircraft, including the mandates that United States carriers provide emissions data to and purchase emissions allowances from or surrender emissions allowances to the European Union Member States.

SEC. 510. AVIATION NOISE COMPLAINTS.

Not later than 90 days after the date of enactment of this Act, each owner or operator of a large hub airport (as defined in section 40102(a) of title 49, United States Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the airport.

SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES.

(a) IN GENERAL.—Chapter 471 is amended by inserting after section 47136 the following:

‘‘§ 47136a. Zero-emission airport vehicles and infrastructure ‘‘(a) IN GENERAL.—The Secretary of Transportation may estab-

lish a pilot program under which the sponsor of a public-use airport may use funds made available under section 47117 or section 48103 for use at such airport to carry out activities associated with the acquisition and operation of zero-emission vehicles (as defined in section 88.102–94 of title 40, Code of Federal Regulations), including the construction or modification of infrastructure to facilitate the delivery of fuel and services necessary for the use of such vehicles.

‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— ‘‘(1) IN GENERAL.—A public-use airport may be eligible for

participation in the program only if the airport is located in a nonattainment area (as defined in section 171 of the Clean Air Act (42 U.S.C. 7501)).

‘‘(2) SHORTAGE OF APPLICANTS.—If the Secretary receives an insufficient number of applications from public-use airports located in such areas, the Secretary may permit public-use airports that are not located in such areas to participate in the program. ‘‘(c) SELECTION CRITERIA.—In selecting from among applicants

for participation in the program, the Secretary shall give priority consideration to applicants that will achieve the greatest air quality benefits measured by the amount of emissions reduced per dollar of funds expended under the program.

49 USC 47136a.

Deadline. Web posting.

49 USC 47501 note.


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‘‘(d) FEDERAL SHARE.—Notwithstanding any other provision of this subchapter, the Federal share of the costs of a project carried out under the program shall be 50 percent.

‘‘(e) TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—The sponsor of a public-use airport car-

rying out activities funded under the program may not use more than 10 percent of the amounts made available under the program in any fiscal year for technical assistance in car-rying out such activities.

‘‘(2) USE OF UNIVERSITY TRANSPORTATION CENTER.—Partici-pants in the program may use a university transportation center receiving grants under section 5506 in the region of the airport to receive the technical assistance described in paragraph (1). ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The Secretary

may develop and make available materials identifying best practices for carrying out activities funded under the program based on projects carried out under section 47136 and other sources.’’.

(b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infra-structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—

(1) an evaluation of the effectiveness of the program estab-lished by section 47136a of title 49, United States Code (as added by this section);

(2) the performance measures used to measure such effectiveness, such as the goals for the projects implemented and the amount of emissions reduction achieved through these projects;

(3) an assessment of the sufficiency of the data collected during the program to make a decision on whether or not to implement the program;

(4) an identification of all public-use airports that expressed an interest in participating in the program; and

(5) a description of the mechanisms used by the Secretary to ensure that the information and expertise gained by partici-pants in the program is transferred among the participants and to other interested parties, including other public-use air-ports. (c) CONFORMING AMENDMENT.—The analysis for such chapter

is amended by inserting after the item relating to section 47136 the following:

‘‘47136a. Zero-emission airport vehicles and infrastructure.’’.

(d) TECHNICAL AMENDMENT.—Section 47136(f)(2) is amended— (1) in the paragraph heading by striking ‘‘ELIGIBLE CONSOR-

TIUM’’ and inserting ‘‘UNIVERSITY TRANSPORTATION CENTER’’; and

(2) by striking ‘‘an eligible consortium’’ and inserting ‘‘a university transportation center’’.


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SEC. 512. INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER SOURCES.

(a) IN GENERAL.—Chapter 471 is amended by inserting after section 47140 the following:

‘‘§ 47140a. Increasing the energy efficiency of airport power sources

‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-lish a program under which the Secretary shall encourage the sponsor of each public-use airport to assess the airport’s energy requirements, including heating and cooling, base load, back-up power, and power for on-road airport vehicles and ground support equipment, in order to identify opportunities to increase energy efficiency at the airport.

‘‘(b) GRANTS.— ‘‘(1) IN GENERAL.—The Secretary may make grants from

amounts made available under section 48103 to assist airport sponsors that have completed the assessment described in sub-section (a) to acquire or construct equipment, including hydrogen equipment and related infrastructure, that will increase energy efficiency at the airport.

‘‘(2) APPLICATION.—To be eligible for a grant under para-graph (1), the sponsor of a public-use airport shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.’’. (b) CONFORMING AMENDMENT.—The analysis for such chapter

is amended by inserting after the item relating to section 47140 the following:

‘‘47140a. Increasing the energy efficiency of airport power sources.’’.

TITLE VI—FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGE-MENT SYSTEM.

Section 40122(a) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively; and (2) by striking paragraph (2) and inserting the following: ‘‘(2) DISPUTE RESOLUTION.—

‘‘(A) MEDIATION.—If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bar-gaining representative of the employees, the Administrator and the bargaining representative—

‘‘(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or

‘‘(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.

49 USC 47140a.


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‘‘(B) MID-TERM BARGAINING.—If the services of the Fed-eral Mediation and Conciliation Service under subpara-graph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall assist the parties in resolving the impasse in accordance with section 7119 of title 5.

‘‘(C) BINDING ARBITRATION FOR TERM BARGAINING.— ‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IMPASSES

PANEL.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the exclusive bar-gaining representative of the employees (in this subparagraph referred to as the ‘parties’) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.

‘‘(ii) APPOINTMENT OF ARBITRATION BOARD.—The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to pre-pare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Not later than 10 days after receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list not later than 7 days after being selected. If either of the parties fails to select a person or if the 2 arbitra-tors are unable to agree on the third person in 7 days, the parties shall make the selection by alter-nately striking names on the list until one arbitrator remains.

‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If the par-ties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.

‘‘(iv) HEARINGS.—The arbitration board shall give the parties a full and fair hearing, including an oppor-tunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.

‘‘(v) DECISIONS.—The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.

‘‘(vi) MATTERS FOR CONSIDERATION.—The arbitra-tion board shall take into consideration such factors as—

Deadline.

List. Deadlines.

Submission.


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‘‘(I) the effect of its arbitration decisions on the Federal Aviation Administration’s ability to attract and retain a qualified workforce;

‘‘(II) the effect of its arbitration decisions on the Federal Aviation Administration’s budget; and

‘‘(III) any other factors whose consideration would assist the board in fashioning a fair and equitable award. ‘‘(vii) COSTS.—The parties shall share costs of the

arbitration equally. ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon reaching a vol-

untary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).’’.

SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.

Section 40122(g)(2) is amended— (1) in subparagraph (G) by striking ‘‘and’’ after the semi-

colon; (2) in subparagraph (H) by striking ‘‘Board.’’ and inserting

‘‘Board; and’’; and (3) by adding at the end the following:

‘‘(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distin-guished Senior Professional rank awards), except that—

‘‘(i) for purposes of applying such provisions to the personnel management system—

‘‘(I) the term ‘agency’ means the Department of Transportation;

‘‘(II) the term ‘senior executive’ means a Fed-eral Aviation Administration executive;

‘‘(III) the term ‘career appointee’ means a Fed-eral Aviation Administration career executive; and

‘‘(IV) the term ‘senior career employee’ means a Federal Aviation Administration career senior professional; ‘‘(ii) receipt by a career appointee or a senior career

employee of the rank of Meritorious Executive or Meri-torious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Adminis-tration Executive Compensation Plan; and

‘‘(iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the indi-vidual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal

Definitions.


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Aviation Administration Executive Compensation Plan.’’.

SEC. 603. COLLEGIATE TRAINING INITIATIVE STUDY.

(a) STUDY.—The Comptroller General of the United States shall conduct a study on training options for graduates of the Collegiate Training Initiative program (in this section referred to as ‘‘CTI’’ programs) conducted under section 44506(c) of title 49, United States Code.

(b) CONTENTS.—The study shall analyze the impact of providing as an alternative to the current training provided at the Mike Monroney Aeronautical Center of the Federal Aviation Administra-tion a new air traffic controller orientation session at such Center for graduates of CTI programs followed by on-the-job training for such new air traffic controllers who are graduates of CTI programs and shall include an analysis of—

(1) the cost effectiveness of such an alternative training approach; and

(2) the effect that such an alternative training approach would have on the overall quality of training received by grad-uates of CTI programs. (c) REPORT.—Not later than 180 days after the date of enact-

ment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

SEC. 604. FRONTLINE MANAGER STAFFING.

(a) STUDY.—Not later than 45 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administra-tion shall commission an independent study on frontline manager staffing requirements in air traffic control facilities.

(b) CONSIDERATIONS.—In conducting the study, the Adminis-trator may take into consideration—

(1) the managerial tasks expected to be performed by front-line managers, including employee development, management, and counseling;

(2) the number of supervisory positions of operation requiring watch coverage in each air traffic control facility;

(3) coverage requirements in relation to traffic demand; (4) facility type; (5) complexity of traffic and managerial responsibilities; (6) proficiency and training requirements; and (7) such other factors as the Administrator considers appro-

priate. (c) PARTICIPATION.—The Administrator shall ensure the partici-

pation of frontline managers who currently work in safety-related operational areas of the Administration.

(d) DETERMINATIONS.—The Administrator shall transmit any determinations made as a result of the study to the heads of the appropriate lines of business within the Administration, including the Chief Operating Officer of the Air Traffic Organiza-tion.

(e) REPORT.—Not later than 9 months after the date of enact-ment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of

Deadline.


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Representatives a report on the results of the study and a descrip-tion of any determinations submitted to the Chief Operating Officer under subsection (d).

(f) DEFINITION.—In this section, the term ‘‘frontline manager’’ means first-level, operational supervisors and managers who work in safety-related operational areas of the Administration. SEC. 605. FAA TECHNICAL TRAINING AND STAFFING.

(a) STUDY.— (1) IN GENERAL.—The Administrator of the Federal Avia-

tion Administration shall conduct a study to assess the ade-quacy of the Administrator’s technical training strategy and improvement plan for airway transportation systems specialists (in this section referred to as ‘‘FAA systems specialists’’).

(2) CONTENTS.—The study shall include— (A) a review of the current technical training strategy

and improvement plan for FAA systems specialists; (B) recommendations to improve the technical training

strategy and improvement plan needed by FAA systems specialists to be proficient in the maintenance of the latest technologies;

(C) a description of actions that the Administration has undertaken to ensure that FAA systems specialists receive up-to-date training on the latest technologies; and

(D) a recommendation regarding the most cost-effective approach to provide training to FAA systems specialists. (3) REPORT.—Not later than 1 year after the date of enact-

ment of this Act, the Administrator shall submit to the Com-mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. (b) WORKLOAD OF SYSTEMS SPECIALISTS.—

(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing needs for FAA systems specialists to ensure proper maintenance and certification of the national airspace system.

(2) CONSULTATION.—In conducting the study, the National Academy of Sciences shall—

(A) consult with the exclusive bargaining representa-tive certified under section 7111 of title 5, United States Code; and

(B) include recommendations for objective staffing standards that maintain the safety of the national airspace system. (3) REPORT.—Not later than 1 year after the initiation

of the arrangements under paragraph (1), the National Academy of Sciences shall submit to Congress a report on the results of the study.

SEC. 606. SAFETY CRITICAL STAFFING.

(a) IN GENERAL.—Not later than October 1, 2012, the Adminis-trator of the Federal Aviation Administration shall implement, in as cost-effective a manner as possible, the staffing model for aviation

Deadline.

49 USC 44701 note.

Recommenda- tions.

Deadline.


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safety inspectors developed pursuant to the National Academy of Sciences study entitled ‘‘Staffing Standards for Aviation Safety Inspectors’’. In doing so, the Administrator shall consult with interested persons, including the exclusive bargaining representa-tive for aviation safety inspectors certified under section 7111 of title 5, United States Code.

(b) REPORT.—Not later than January 1 of each year beginning after September 30, 2012, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the staffing model described in sub-section (a).

SEC. 607. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.

Section 44506 is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following:

‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.—

‘‘(1) APPOINTMENT OF AIR TRAFFIC CONTROL SPECIALISTS.— The Administrator is authorized to appoint a qualified air traffic control specialist candidate for placement in an airport traffic control facility if the candidate has—

‘‘(A) received a control tower operator certification (referred to in this subsection as a ‘CTO’ certificate); and

‘‘(B) satisfied all other applicable qualification require-ments for an air traffic control specialist position, including successful completion of orientation training at the Federal Aviation Administration Academy. ‘‘(2) COMPENSATION AND BENEFITS.—An individual

appointed under paragraph (1) shall receive the same com-pensation and benefits, and be treated in the same manner as, any other individual appointed as a developmental air traffic controller.

‘‘(3) REPORT.—Not later than 2 years after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall submit to Congress a report that evalu-ates the effectiveness of the air traffic control specialist quali-fication training provided pursuant to this section, including the graduation rates of candidates who received a CTO certifi-cate and are working in airport traffic control facilities.

‘‘(4) ADDITIONAL APPOINTMENTS.—If the Administrator determines that air traffic control specialists appointed pursu-ant to this subsection are more successful in carrying out the duties of an air traffic controller than air traffic control specialists hired from the general public without any such certification, the Administrator shall increase, to the maximum extent practicable, the number of appointments of candidates who possess such certification.

‘‘(5) REIMBURSEMENT FOR TRAVEL EXPENSES ASSOCIATED WITH CERTIFICATIONS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the Administrator may accept reimbursement from an edu-cational entity that provides training to an air traffic con-trol specialist candidate to cover reasonable travel expenses

Determination.

Consultation.


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of the Administrator associated with issuing certifications to such candidates.

‘‘(B) TREATMENT OF REIMBURSEMENTS.—Notwith-standing section 3302 of title 31, any reimbursement authorized to be collected under subparagraph (A) shall—

‘‘(i) be credited as offsetting collections to the account that finances the activities and services for which the reimbursement is accepted;

‘‘(ii) be available for expenditure only to pay the costs of activities and services for which the reimburse-ment is accepted, including all costs associated with collecting such reimbursement; and

‘‘(iii) remain available until expended.’’.

SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.

(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the air traffic controller standards used by the Federal Aviation Administration (in this section referred to as the ‘‘FAA’’) to estimate staffing needs for FAA air traffic controllers to ensure the safe operation of the national airspace system in the most cost effective manner.

(b) CONSULTATION.—In conducting the study, the National Academy of Sciences shall consult with the exclusive bargaining representative of employees of the FAA certified under section 7111 of title 5, United States Code, and other interested parties, including Government and industry representatives.

(c) CONTENTS.—The study shall include— (1) an examination of representative information on produc-

tivity, human factors, traffic activity, and improved technology and equipment used in air traffic control;

(2) an examination of recent National Academy of Sciences reviews of the complexity model performed by MITRE Corpora-tion that support the staffing standards models for the en route air traffic control environment; and

(3) consideration of the Administration’s current and esti-mated budgets and the most cost-effective staffing model to best leverage available funding. (d) REPORT.—Not later than 2 years after the date of enactment

of this Act, the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

SEC. 609. AIR TRAFFIC CONTROLLER TRAINING AND SCHEDULING.

(a) TRAINING STRATEGY AND IMPROVEMENT PLAN.—The Administrator of the Federal Aviation Administration shall conduct a study to assess the adequacy of training programs for air traffic controllers, including the Administrator’s technical training strategy and improvement plan for air traffic controllers.

(1) CONTENTS.—The study shall include— (A) a review of the current training system for air

traffic controllers, including the technical training strategy and improvement plan;

Study.

Deadline.


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(B) an analysis of the competencies required of air traffic controllers for successful performance in the current and future projected air traffic control environment;

(C) an analysis of the competencies projected to be required of air traffic controllers as the Federal Aviation Administration transitions to the Next Generation Air Transportation System;

(D) an analysis of various training approaches avail-able to satisfy the air traffic controller competencies identi-fied under subparagraphs (B) and (C);

(E) recommendations to improve the current training system for air traffic controllers, including the technical training strategy and improvement plan; and

(F) the most cost-effective approach to provide training to air traffic controllers. (2) REPORT.—Not later than 270 days after the date of

enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. (b) FACILITY TRAINING PROGRAM.—Not later than 1 year after

the date of enactment of this Act, the Administrator shall conduct a comprehensive review and evaluation of its Academy and facility training efforts. The Administrator shall—

(1) clarify responsibility for oversight and direction of the Academy’s facility training program at the national level;

(2) communicate information concerning that responsibility to facility managers; and

(3) establish standards to identify the number of develop-mental air traffic controllers that can be accommodated at each facility, based on—

(A) the number of available on-the-job training instruc-tors;

(B) available classroom space; (C) the number of available simulators; (D) training requirements; and (E) the number of recently placed new personnel

already in training. (c) AIR TRAFFIC CONTROLLER SCHEDULING.—Not later than 60

days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall conduct an assessment of the Federal Aviation Administration’s air traffic controller sched-uling practices.

(1) CONTENTS.—The assessment shall include, at a min-imum—

(A) an analysis of how air traffic controller schedules are determined;

(B) an evaluation of how safety is taken into consider-ation when schedules are being developed and adopted;

(C) an evaluation of scheduling practices that are cost effective to the Government;

(D) an examination of how scheduling practices impact air traffic controller performance; and

(E) any recommendations the Inspector General may have related to air traffic controller scheduling practices.

Deadline. Assessment.

Standards.

Deadline. Review. Evaluation. 49 USC 44506 note.


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(2) REPORT.—Not later than 120 days after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the assessment conducted under this subsection.

SEC. 610. FAA FACILITY CONDITIONS.

(a) STUDY.—The Comptroller General of the United States shall conduct a study of and review—

(1) the conditions of a sampling of Federal Aviation Administration facilities across the United States, including offices, towers, centers, and terminal radar air control;

(2) reports from employees of the Administration relating to respiratory ailments and other health conditions resulting from exposure to mold, asbestos, poor air quality, radiation, and facility-related hazards in facilities of the Administration;

(3) conditions of such facilities that could interfere with such employees’ ability to effectively and safely perform their duties;

(4) the ability of managers and supervisors of such employees to promptly document and seek remediation for unsafe facility conditions;

(5) whether employees of the Administration who report facility-related illnesses are treated appropriately;

(6) utilization of scientifically approved remediation tech-niques to mitigate hazardous conditions in accordance with applicable State and local regulations and Occupational Safety and Health Administration practices by the Administration; and

(7) resources allocated to facility maintenance and renova-tion by the Administration. (b) FACILITY CONDITION INDICES.—The Comptroller General

shall review the facility condition indices of the Administration for inclusion in the recommendations under subsection (c).

(c) RECOMMENDATIONS.—Based on the results of the study and review of facility condition indices under subsection (a), the Comp-troller General shall make such recommendations as the Comp-troller General considers necessary—

(1) to prioritize those facilities needing the most immediate attention based on risks to employee health and safety;

(2) to ensure that the Administration is using scientifically approved remediation techniques in all facilities; and

(3) to assist the Administration in making programmatic changes so that aging facilities do not deteriorate to unsafe levels. (d) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Comptroller General shall submit to the Adminis-trator, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastruc-ture of the House of Representatives a report on results of the study, including the recommendations under subsection (c). SEC. 611. TECHNICAL CORRECTION.

Section 40122(g)(3) is amended by adding at the end the fol-lowing: ‘‘Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.’’.

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TITLE VII—AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

Section 44302(f)(1) is amended by striking ‘‘shall extend through’’ and all that follows through ‘‘the termination date’’ and inserting ‘‘shall extend through September 30, 2013, and may extend through December 31, 2013, the termination date’’. SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY

LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS OF TERRORISM.

The first sentence of section 44303(b) is amended by striking ‘‘ending on’’ and all that follows through ‘‘the Secretary may certify’’ and inserting ‘‘ending on December 31, 2013, the Secretary may certify’’. SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

The second sentence of section 44304 is amended by striking ‘‘the carrier’’ and inserting ‘‘any insurance carrier’’. SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

The second sentence of section 44308(c)(1) is amended by striking ‘‘agent’’ and inserting ‘‘agent, or a claims adjuster who is independent of the underwriting agent,’’.

TITLE VIII—MISCELLANEOUS

SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF NATIONAL SECURITY.

Section 40119(b) is amended by adding at the end the following: ‘‘(4) Section 552a of title 5 shall not apply to disclosures that

the Administrator may make from the systems of records of the Administration to any Federal law enforcement, intelligence, protec-tive service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.’’. SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD

CHECKS.


‘‘§ 40130. FAA authority to conduct criminal history record checks

‘‘(a) CRIMINAL HISTORY BACKGROUND CHECKS.— ‘‘(1) ACCESS TO INFORMATION.—The Administrator of the

Federal Aviation Administration, for certification purposes of the Administration only, is authorized—

‘‘(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based reposi-tory in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14616); and

49 USC 40130.

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‘‘(B) to receive relevant criminal history record informa-tion regarding the airman checked. ‘‘(2) RELEASE OF INFORMATION.—In accessing a repository

referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.

‘‘(3) LIMITATION.—The Administrator may not use the authority under paragraph (1) to conduct criminal investiga-tions.

‘‘(4) REIMBURSEMENT.—The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these serv-ices. ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator shall des-

ignate, by order, employees of the Administration who may carry out the authority described in subsection (a).’’.

(b) CLERICAL AMENDMENT.—The analysis for chapter 401 is amended by adding at the end the following:

‘‘40130. FAA authority to conduct criminal history record checks.’’.

SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.

Section 46301 of title 49, United States Code, is amended— (1) in subsection (a)(1)(A) by inserting ‘‘chapter 451,’’ before

‘‘section 47107(b)’’; (2) in subsection (a)(5)(A)(i)—

(A) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter 449’’; and

(B) by inserting after ‘‘44909)’’ the following: ‘‘, or chapter 451’’; (3) in subsection (d)(2)—

(A) in the first sentence— (i) by striking ‘‘44723) or’’ and inserting the fol-

lowing: ‘‘44723), chapter 451,’’; (ii) by striking ‘‘46302’’ and inserting ‘‘section

46302’’; and (iii) by striking ‘‘46318, or 47107(b)’’ and inserting

‘‘section 46318, section 46319, or section 47107(b)’’; and (B) in the second sentence—

(i) by striking ‘‘46302’’ and inserting ‘‘section 46302’’;

(ii) by striking ‘‘46303,’’ and inserting ‘‘or section 46303 of this title’’; and

(iii) by striking ‘‘such chapter 449’’ and inserting ‘‘any of those provisions’’; and

(4) in subsection (f)(1)(A)(i)— (A) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter

449’’; and (B) by inserting after ‘‘44909)’’ the following: ‘‘, or

chapter 451’’. SEC. 804. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND

FACILITIES.

(a) NATIONAL FACILITIES REALIGNMENT AND CONSOLIDATION REPORT.—

49 USC 44501 note.


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(1) IN GENERAL.—The Administrator of the Federal Avia-tion Administration shall develop a report, to be known as the National Facilities Realignment and Consolidation Report, in accordance with the requirements of this subsection.

(2) PURPOSE.—The purpose of the report shall be— (A) to support the transition to the Next Generation

Air Transportation System; and (B) to reduce capital, operating, maintenance, and

administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety. (3) CONTENTS.—The report shall include—

(A) recommendations of the Administrator on realign-ment and consolidation of services and facilities (including regional offices) of the FAA; and

(B) for each of the recommendations, a description of—

(i) the Administrator’s justification; (ii) the projected costs and savings; and (iii) the proposed timing for implementation.

(4) INPUT.—The report shall be developed by the Adminis-trator (or the Administrator’s designee)—

(A) in coordination with the Chief NextGen Officer and the Chief Operating Officer of the Air Traffic Organiza-tion of the FAA; and

(B) with the participation of— (i) representatives of labor organizations rep-

resenting operations and maintenance employees of the air traffic control system; and

(ii) industry stakeholders. (5) SUBMISSION TO CONGRESS.—Not later than 120 days

after the date of enactment of this Act, the Administrator shall submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(6) PUBLIC NOTICE AND COMMENT.—The Administrator shall publish the report in the Federal Register and allow 45 days for the submission of public comments. (b) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF

ADMINISTRATOR.—Not later than 60 days after the last day of the period for public comment under subsection (a)(6), the Adminis-trator shall submit to the committees specified in subsection (a)(5)—

(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and

(2) copies of any public comments received by the Adminis-trator under subsection (a)(6). (c) REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND

FACILITIES.—Except as provided in subsection (d), the Administrator shall realign and consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection (b).

(d) CONGRESSIONAL DISAPPROVAL.— (1) IN GENERAL.—The Administrator may not carry out

a recommendation for realignment or consolidation of services or facilities of the FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is

Time periods.

Records.

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enacted disapproving such recommendation before the earlier of—

(A) the last day of the 30-day period beginning on the date of submission of the report; or

(B) the adjournment of Congress sine die for the session during which the report is transmitted. (2) COMPUTATION OF 30-DAY PERIOD.—For purposes of para-

graph (1)(A), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30-day period. (e) DEFINITIONS.—In this section, the following definitions

apply: (1) FAA.—The term ‘‘FAA’’ means the Federal Aviation

Administration. (2) REALIGNMENT; CONSOLIDATION.—

(A) IN GENERAL.—The terms ‘‘realignment’’ and ‘‘consolidation’’ include any action that—

(i) relocates functions, services, or personnel posi-tions;

(ii) discontinues or severs existing facility functions or services; or

(iii) combines the results described in clauses (i) and (ii). (B) EXCLUSION.—The terms do not include a reduction

in personnel resulting from workload adjustments.

SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIR-CRAFT.

(a) STUDY.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administra-tion, in consultation with appropriate air carriers, aircraft manufac-turers, and air carrier labor representatives, shall conduct a study to assess the feasibility of developing a physical means, or a com-bination of physical and procedural means, to prohibit individuals other than authorized flight crewmembers from accessing the flight deck of an all-cargo aircraft.

(b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUN-DANT, OR OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA FORMAT.

(a) CONSOLIDATION OR ELIMINATION OF REPORTS.—Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator of the Federal Aviation Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing—

(1) a list of obsolete, redundant, or otherwise unnecessary reports the Administration is required by law to submit to Congress or publish that the Administrator recommends elimi-nating or consolidating with other reports; and

49 USC 40114 note.

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(2) an estimate of the cost savings that would result from the elimination or consolidation of those reports. (b) USE OF ELECTRONIC MEDIA FOR REPORTS.—

(1) IN GENERAL.—Notwithstanding any other provision of law, the Administration—

(A) may not publish any report required or authorized by law in a printed format; and

(B) shall publish any such report by posting it on the Administration’s Internet Web site in an easily acces-sible and downloadable electronic format. (2) EXCEPTION.—Paragraph (1) does not apply to any report

with respect to which the Administrator determines that— (A) its publication in a printed format is essential

to the mission of the Administration; or (B) its publication in accordance with the requirements

of paragraph (1) would disclose matter— (i) described in section 552(b) of title 5, United

States Code; or (ii) the disclosure of which would have an adverse

impact on aviation safety or security, as determined by the Administrator.

SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.

The Secretary of Transportation may not use any funds made available pursuant to this Act (including any amendment made by this Act) to name, rename, designate, or redesignate any project or program authorized by this Act (including any amendment made by this Act) for an individual then serving in Congress as a Member, Delegate, Resident Commissioner, or Senator. SEC. 808. STUDY ON AVIATION FUEL PRICES.

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on the impact of increases in aviation fuel prices on the Airport and Airway Trust Fund and the aviation industry in general.

(b) CONTENTS.—The study shall include an assessment of the impact of increases in aviation fuel prices on—

(1) general aviation; (2) commercial passenger aviation; (3) piston aircraft purchase and use; (4) the aviation services industry, including repair and

maintenance services; (5) aviation manufacturing; (6) aviation exports; and (7) the use of small airport installations.

(c) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.—In conducting the study required by subsection (a), the Comptroller General shall use the average aviation fuel price for fiscal year 2010 as a baseline and measure the impact of increases in aviation fuel prices that range from 5 percent to 200 percent over the 2010 baseline. SEC. 809. WIND TURBINE LIGHTING.

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on wind turbine lighting sys-tems.

(b) CONTENTS.—In conducting the study, the Administrator shall examine the following:

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(1) The aviation safety issues associated with alternative lighting strategies, technologies, and regulations.

(2) The feasibility of implementing alternative lighting strategies or technologies to improve aviation safety.

(3) Any other issue relating to wind turbine lighting. (c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall submit to Congress a report on the results of the study, including information and recommenda-tions concerning the issues examined under subsection (b).

SEC. 810. AIR-RAIL CODE SHARING STUDY.

(a) CODE SHARE STUDY.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study regarding—

(1) existing airline and intercity passenger rail code sharing arrangements; and

(2) the feasibility, costs to taxpayers and other parties, and benefits of increasing the intermodal connectivity of airline and intercity passenger rail facilities and systems to improve passenger travel. (b) CONSIDERATIONS.—In conducting the study, the Comptroller

General shall consider— (1) the potential costs to taxpayers and other parties and

benefits of the implementation of more integrated scheduling between airlines and Amtrak or other intercity passenger rail carriers achieved through code sharing arrangements;

(2) airport and intercity passenger rail operations that can improve connectivity between airports and intercity pas-senger rail facilities and stations;

(3) the experience of other countries with respect to airport and intercity passenger rail connectivity; and

(4) such other issues the Comptroller General considers appropriate. (c) REPORT.—Not later than 1 year after initiating the study

required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study, including any conclusions of the Comptroller General resulting from the study.

SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.

(a) SUBMISSION OF PLAN TO CONGRESS.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Secretary of Homeland Security and the Secretary of Defense, shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Rep-resentatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for the D.C. Metropolitan Area Special Flight Rules Area.

(b) CONTENTS OF PLAN.—The plan shall outline specific changes to the D.C. Metropolitan Area Special Flight Rules Area that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the zone.

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SEC. 812. FAA REVIEW AND REFORM.

(a) AGENCY REVIEW.—Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall undertake a thorough review of each program, office, and organization within the Administration, including the Air Traffic Organization, to identify—

(1) duplicative positions, programs, roles, or offices; (2) wasteful practices; (3) redundant, obsolete, or unnecessary functions; (4) inefficient processes; and (5) ineffectual or outdated policies.

(b) ACTIONS TO STREAMLINE AND REFORM FAA.—Not later than 120 days after the date of enactment of this Act, the Administrator shall undertake such actions as may be necessary to address the Administrator’s findings under subsection (a), including—

(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;

(2) eliminating or streamlining wasteful practices; (3) eliminating or phasing-out redundant, obsolete, or

unnecessary functions; (4) reforming and streamlining inefficient processes so that

the activities of the Administration are completed in an expe-dited and efficient manner; and

(5) reforming or eliminating ineffectual or outdated policies. (c) AUTHORITY.—Notwithstanding any other provision of law,

the Administrator shall have the authority to undertake the actions required under subsection (b).

(d) REPORT TO CONGRESS.—Not later than 150 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the actions taken by the Administrator under this section, including any recommendations for legislative or administrative actions.

SEC. 813. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

(a) IN GENERAL.—Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may declare certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport to be revenue greater than the amount needed to carry out the 5-year projected maintenance needs of the airport in order to comply with the applicable design and safety standards of the Administration.

(b) USE OF REVENUE.—An airport sponsor that is in compliance with the conditions under subsection (c) may allocate revenue identi-fied by the Administrator under subsection (a) for Federal, State, or local transportation infrastructure projects carried out by the airport sponsor or by a governing body within the geographical limits of the airport sponsor’s jurisdiction.

(c) CONDITIONS.—An airport sponsor may not allocate revenue identified by the Administrator under subsection (a) unless the airport sponsor—

(1) enters into a written agreement with the Administrator that sets forth a 5-year capital improvement program for the airport, which—

(A) includes the projected costs for the operation, maintenance, and capacity needs of the airport in order

Contracts. Time periods.

49 USC 47133 note.

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49 USC 106 note.


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to comply with applicable design and safety standards of the Administration; and

(B) appropriately adjusts such costs to account for infla-tion; (2) agrees in writing—

(A) to waive all rights to receive entitlement funds or discretionary funds to be used at the airport under section 47114 or 47115 of title 49, United States Code, during the 5-year period of the capital improvement plan described in paragraph (1);

(B) to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and

(C) to operate the airport as a public-use airport, unless the Administrator specifically grants a request to allow the airport to close; and (3) complies with all grant assurance obligations in effect

as of the date of the enactment of this Act during the 20- year period beginning on the date of enactment of this Act. (d) COMPLETION OF DETERMINATION.—Not later than 90 days

after receiving an airport sponsor’s application and requisite sup-porting documentation to declare that certain mineral revenue is not needed to carry out the 5-year capital improvement program at such airport, the Administrator shall determine whether the airport sponsor’s request should be granted. The Administrator may not unreasonably deny an application under this subsection.

(e) RULEMAKING.—Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regula-tions to carry out this section.

(f) GENERAL AVIATION AIRPORT DEFINED.—In this section, the term ‘‘general aviation airport’’ has the meaning given that term in section 47102 of title 49, United States Code, as amended by this Act. SEC. 814. CONTRACTING.

When drafting contract proposals for training facilities under the general contracting authority of the Federal Aviation Adminis-tration, the Administrator of the Federal Aviation Administration shall ensure—

(1) the proposal is drafted so that all parties can fairly compete; and

(2) the proposal takes into consideration the most cost- effective location, accessibility, and services options.

SEC. 815. FLOOD PLANNING.

(a) STUDY.—The Administrator of the Federal Aviation Administration, in consultation with the Administrator of the Fed-eral Emergency Management Agency, shall conduct a review and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc-ture of the House of Representatives a report on the state of preparedness and response capability for airports located in flood plains to respond to and seek assistance in rebuilding after cata-strophic flooding.

(b) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROP-ERTIES.—Section 1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)) is amended by adding at the end the following:

Review. Reports.

49 USC 40110 note.

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‘‘(6) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROP-ERTIES.—The Director shall consider as an eligible activity the demolition and rebuilding of properties to at least base flood levels or higher, if required by the Director or if required by any State or local ordinance, and in accordance with project implementation criteria established by the Director.’’.

SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS.

(a) PRESERVATION OF DOCUMENTS.— (1) IN GENERAL.—The Administrator of the Federal Avia-

tion Administration shall take such actions as the Adminis-trator determines necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation Administration related to—

(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and

(B) Group-2 approved aircraft type certificate numbers 2–1 through 2–544. (2) REVISION OF ORDER.—Not later than 3 years after the

date of enactment of this Act, the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents identified in paragraph (1).

(3) CONSULTATION.—The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the Administrator of General Services. (b) AVAILABILITY OF DOCUMENTS.—

(1) FREEDOM OF INFORMATION ACT REQUESTS.—The Administrator shall make the documents to be preserved under subsection (a)(1) available to a person—

(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and

(B) subject to a prohibition on use of the documents for commercial purposes. (2) TRADE SECRETS, COMMERCIAL, AND FINANCIAL INFORMA-

TION.—Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1). (c) HOLDER OF TYPE CERTIFICATE.—

(1) RIGHTS OF HOLDER.—Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to or for the Federal Aviation Administration, a person, or the public.

(2) LIABILITY.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type certificate, its authorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type certificate data and documents identified in subsection (a)(1).

(3) AIRWORTHINESS.—Notwithstanding any other provision of law, the holder of a type certificate identified in subsection (a)(1) shall only be responsible for Federal Aviation Administra-tion regulation requirements related to type certificate data and documents identified in subsection (a)(1) for aircraft having

Deadline.

49 USC 44704 note.


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a standard airworthiness certificate issued prior to the date the documents are released to a person by the Federal Aviation Administration under subsection (b)(1).

SEC. 817. RELEASE FROM RESTRICTIONS.

(a) IN GENERAL.—Subject to subsection (b), the Secretary of Transportation is authorized to grant to an airport, city, or county a release from any of the terms, conditions, reservations, or restric-tions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179) or section 23 of the Airport and Airway Develop-ment Act of 1970 (84 Stat. 232).

(b) CONDITION.—Any release granted by the Secretary pursuant to subsection (a) shall be subject to the following conditions:

(1) The applicable airport, city, or county shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its fair market value.

(2) Any consideration received by the airport, city, or county under paragraph (1) shall be used exclusively for the develop-ment, improvement, operation, or maintenance of a public air-port by the airport, city, or county.

(3) Any other conditions required by the Secretary. SEC. 818. SENSE OF CONGRESS.

It is the sense of Congress that Los Angeles World Airports, the operator of Los Angeles International Airport (LAX)—

(1) should consult on a regular basis with representatives of the community surrounding the airport regarding—

(A) the ongoing operations of LAX; and (B) plans to expand, modify, or realign LAX facilities;

and (2) should include in such consultations any organization,

the membership of which includes at least 100 individuals who reside within 10 miles of the airport, that notifies Los Angeles World Airports of its desire to be included in such consultations.

SEC. 819. HUMAN INTERVENTION MOTIVATION STUDY.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a Human Intervention Motivation Study program for cabin crew members employed by commercial air carriers in the United States. SEC. 820. STUDY OF AERONAUTICAL MOBILE TELEMETRY.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with other Federal agencies, shall submit to the Com-mittee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representa-tives a report that identifies—

(1) the current and anticipated, with respect to the next decade, need by civil aviation, including equipment manufactur-ers, for aeronautical mobile telemetry services; and

Deadline. Reports.

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49 USC 45105 note.

49 USC 47125 note.


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(2) the potential impact to the aerospace industry of the introduction of a new radio service that operates in the same spectrum allocated to the aeronautical mobile telemetry service.

SEC. 821. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING CHARITABLE MEDICAL FLIGHTS.

(a) REIMBURSEMENT OF FUEL COSTS.—Notwithstanding any other law or regulation, in administering section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation), the Administrator of the Federal Aviation Administration shall allow an aircraft owner or operator to accept reimbursement from a volunteer pilot organization for the fuel costs associated with a flight operation to provide transportation for an individual or organ for medical purposes (and for other associated individuals), if the aircraft owner or operator has—

(1) volunteered to provide such transportation; and (2) notified any individual that will be on the flight, at

the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same require-ments as a commercial flight. (b) CONDITIONS TO ENSURE SAFETY.—The Administrator may

impose minimum standards with respect to training and flight hours for single-engine, multi-engine, and turbine-engine operations conducted by an aircraft owner or operator that is being reimbursed for fuel costs by a volunteer pilot organization, including mandating that the pilot in command of such aircraft hold an instrument rating and be current and qualified for the aircraft being flown to ensure the safety of flight operations described in subsection (a).

(c) VOLUNTEER PILOT ORGANIZATION.—In this section, the term ‘‘volunteer pilot organization’’ means an organization that—

(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and

(2) is organized for the primary purpose of providing, arranging, or otherwise fostering charitable medical transpor-tation.

SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROP-ERTIES.

(a) IN GENERAL.—Not later than 1 year after the date of enact-ment of this Act, the Administrator of the Federal Aviation Adminis-tration shall establish a pilot program under which operators of up to 4 public-use airports may receive grants for activities related to the redevelopment of airport properties in accordance with the requirements of this section.

(b) GRANTS.—Under the pilot program, the Administrator may make a grant in a fiscal year, from funds made available for grants under section 47117(e)(1)(A) of title 49, United States Code, to an airport operator for a project—

(1) to support joint planning, engineering, design, and environmental permitting of projects, including the assembly and redevelopment of property purchased with noise mitigation funds made available under section 48103 of such title or passenger facility revenue collected under section 40117 of such title; and

Deadline.

49 USC 47141 note.

Definition.

49 USC 40101 note.


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(2) to encourage airport-compatible land uses and generate economic benefits to the local airport authority and adjacent community. (c) ELIGIBILITY.—An airport operator shall be eligible to partici-

pate in the pilot program if— (1) the operator has received approval for a noise compat-

ibility program under section 47504 of such title; and (2) the operator demonstrates, as determined by the

Administrator— (A) a readiness to implement cooperative land use

management and redevelopment plans with neighboring local jurisdictions; and

(B) the probability of a clear economic benefit to neigh-boring local jurisdictions and financial return to the airport through the implementation of those plans.

(d) DISTRIBUTION.—The Administrator shall seek to award grants under the pilot program to airport operators representing different geographic areas of the United States.

(e) PARTNERSHIP WITH NEIGHBORING LOCAL JURISDICTIONS.— An airport operator shall use grant funds made available under the pilot program only in partnership with neighboring local juris-dictions.

(f) GRANT REQUIREMENTS.—The Administrator may not make a grant to an airport operator under the pilot program unless the grant is—

(1) made to enable the airport operator and local jurisdic-tions undertaking community redevelopment efforts to expedite those efforts;

(2) subject to a requirement that the local jurisdiction governing the property interests subject to the redevelopment efforts has adopted and will continue in effect zoning regula-tions that permit airport-compatible redevelopment; and

(3) subject to a requirement that, in determining the part of the proceeds from disposing of land that is subject to repay-ment and reinvestment requirements under section 47107(c)(2)(A) of such title, the total amount of a grant issued under the pilot program that is attributable to the redevelop-ment of such land shall be added to other amounts that must be repaid or reinvested under that section upon disposal of such land by the airport operator. (g) EXCEPTIONS TO REPAYMENT AND REINVESTMENT REQUIRE-

MENTS.—Amounts paid to the Secretary of Transportation under subsection (f)(3)—

(1) shall be available to the Secretary for, giving preference to the actions in descending order—

(A) reinvestment in an approved noise compatibility project at the applicable airport;

(B) reinvestment in another approved project at the airport that is eligible for funding under section 47117(e) of such title;

(C) reinvestment in an approved airport development project at the airport that is eligible for funding under section 47114, 47115, or 47117 of such title;

(D) transfer to an operator of another public airport to be reinvested in an approved noise compatibility project at such airport; and

Grants.


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(E) deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502); (2) shall be available in addition to amounts authorized

under section 48103 of such title; (3) shall not be subject to any limitation on grant obliga-

tions for any fiscal year; and (4) shall remain available until expended.

(h) FEDERAL SHARE.— (1) IN GENERAL.—Notwithstanding any other provision of

law, the Federal share of the allowable costs of a project carried out under the pilot program shall be 80 percent.

(2) ALLOWABLE COSTS.—In determining the allowable costs, the Administrator shall deduct from the total costs of the activities described in subsection (b) that portion of the costs which is equal to that portion of the total property to be redeveloped under this section that is not owned or to be acquired by the airport operator pursuant to the noise compat-ibility program or that is not owned by the affected neighboring local jurisdictions or other public entities. (i) MAXIMUM AMOUNT.—Not more than $5,000,000 of the funds

made available for grants under section 47117(e)(1)(A) of such title may be expended under the pilot program for any single public- use airport.

(j) USE OF PASSENGER REVENUE.—An airport operator partici-pating in the pilot program may use passenger facility revenue collected under section 40117 of such title to pay any project cost described in subsection (b) that is not financed by a grant under the pilot program.

(k) SUNSET.—This section shall not be in effect after September 30, 2015. SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC

CONTROL FACILITIES.

Under previous agreements, the Federal Aviation Administra-tion negotiated staffing levels at the air traffic control facilities in the Newark and New York City areas. Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Federal Aviation Administration’s staffing and scheduling plans for air traffic control facilities in the New York City and Newark Region for the 1-year period begin-ning on such date of enactment. SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING

GASES.

(a) IN GENERAL.—Subject to subsections (b) and (c), entities transporting, in the State of Alaska, cylinders of compressed oxygen or other oxidizing gases aboard aircraft shall be exempt from compli-ance with the regulations described in subsection (d), to the extent that the regulations require that oxidizing gases transported aboard aircraft be enclosed in outer packaging capable of passing the flame penetration resistance test and the thermal resistance test, without regard to the end use of the cylinders.

(b) APPLICABILITY OF EXEMPTION.—The exemption provided under subsection (a) shall apply only if—

Alaska.

Time period.


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(1) transportation of the cylinders by a ground-based or water-based mode of transportation is unavailable and transportation by aircraft is the only practical means for trans-porting the cylinders to their destination;

(2) each cylinder is fully covered with a fire- or flame- resistant blanket that is secured in place; and

(3) the operator of the aircraft complies with the applicable notification procedures under section 175.33 of title 49, Code of Federal Regulations. (c) AIRCRAFT RESTRICTION.—The exemption provided under sub-

section (a) shall apply only to the following types of aircraft: (1) Cargo-only aircraft transporting the cylinders to a

delivery destination that receives cargo-only service at least once a week.

(2) Passenger and cargo-only aircraft transporting the cyl-inders to a delivery destination that does not receive cargo- only service at least once a week. (d) DESCRIPTION OF REGULATORY REQUIREMENTS.—The regula-

tions described in this subsection are the regulations of the Pipeline and Hazardous Materials Safety Administration contained in sec-tions 173.302(f)(3), 173.302(f)(4), 173.302(f)(5), 173.304(f)(3), 173.304(f)(4), and 173.304(f)(5) of title 49, Code of Federal Regula-tions.

SEC. 825. ORPHAN AVIATION EARMARKS.

(a) EARMARK DEFINED.—In this section, the term ‘‘earmark’’ means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate, or Resident Commissioner of the House of Representatives providing, author-izing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a con-tract, loan, loan guarantee, grant, or other expenditure with or to an entity or a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.

(b) RESCISSION.—If any earmark relating to the Federal Avia-tion Administration has more than 90 percent of applicable appro-priated amounts remaining available for obligation at the end of the 9th fiscal year beginning after the fiscal year in which those amounts were appropriated, the unobligated portion of those amounts is rescinded effective at the end of that 9th fiscal year, except that the Administrator of the Federal Aviation Administra-tion may delay any such rescission if the Administrator determines that an obligation with respect to those amounts is likely to occur during the 12-month period beginning on the last day of that 9th fiscal year.

(c) IDENTIFICATION AND REPORT.— (1) AGENCY IDENTIFICATION.—At the end of each fiscal year,

the Administrator shall identify and report to the Director of the Office of Management and Budget every earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts.

(2) ANNUAL REPORT.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit to Congress and make available to the public on the Internet Web site of the Office a report that includes—

Public information. Web posting.

Effective date. Determination. Time period.

49 USC 106 note.

Applicability.


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(A) a listing of each earmark related to the Administra-tion and with respect to which there is an unobligated balance of appropriated amounts, which shall include the amount of the original earmark, the amount of the unobli-gated balance related to that earmark, and the date on which the funding expires, if applicable;

(B) the number of rescissions under subsection (b) and the savings resulting from those rescissions for the previous fiscal year; and

(C) a listing of earmarks related to the Administration with amounts scheduled for rescission at the end of the current fiscal year.

SEC. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING WITH ADVANCED IMAGING TECHNOLOGY.

Section 44901 is amended by adding at the end the following: ‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY

FOR SCREENING PASSENGERS.— ‘‘(1) DEFINITIONS.—In this subsection, the following defini-

tions apply: ‘‘(A) ADVANCED IMAGING TECHNOLOGY.—The term

‘advanced imaging technology’— ‘‘(i) means a device used in the screening of pas-

sengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and

‘‘(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as ‘whole- body imaging technology’ or ‘body scanning machines’. ‘‘(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The

term ‘appropriate congressional committees’ means— ‘‘(i) the Committee on Commerce, Science, and

Transportation and the Committee on Homeland Secu-rity and Governmental Affairs of the Senate; and

‘‘(ii) the Committee on Homeland Security of the House of Representatives. ‘‘(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The

term ‘automatic target recognition software’ means soft-ware installed on an advanced imaging technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals. ‘‘(2) USE OF ADVANCED IMAGING TECHNOLOGY.—Beginning

June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that any advanced imaging technology used for the screening of pas-sengers under this section—

‘‘(A) is equipped with and employs automatic target recognition software; and

‘‘(B) complies with such other requirements as the Assistant Secretary determines necessary to address pri-vacy considerations. ‘‘(3) EXTENSION.—

‘‘(A) IN GENERAL.—The Assistant Secretary may extend the deadline specified in paragraph (2), if the Assistant Secretary determines that—

Determination.

Effective date.


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‘‘(i) an advanced imaging technology equipped with automatic target recognition software is not substan-tially as effective at screening passengers as an advanced imaging technology without such software; or

‘‘(ii) additional testing of such software is nec-essary. ‘‘(B) DURATION OF EXTENSIONS.—The Assistant Sec-

retary may issue one or more extensions under subpara-graph (A). The duration of each extension may not exceed one year. ‘‘(4) REPORTS.—

‘‘(A) IN GENERAL.—Not later than 60 days after the deadline specified in paragraph (2), and not later than 60 days after the date on which the Assistant Secretary issues any extension under paragraph (3), the Assistant Secretary shall submit to the appropriate congressional committees a report on the implementation of this sub-section.

‘‘(B) ELEMENTS.—A report submitted under subpara-graph (A) shall include the following:

‘‘(i) A description of all matters the Assistant Sec-retary considers relevant to the implementation of the requirements of this subsection.

‘‘(ii) The status of compliance by the Transpor-tation Security Administration with such require-ments.

‘‘(iii) If the Administration is not in full compliance with such requirements—

‘‘(I) the reasons for the noncompliance; and ‘‘(II) a timeline depicting when the Assistant

Secretary expects the Administration to achieve full compliance.

‘‘(C) SECURITY CLASSIFICATION.—To the greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format. If necessary, the report may include a classified annex.’’.

SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.

Section 50905(c)(3) of title 51, United States Code, is amended by striking ‘‘Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004,’’ and inserting ‘‘Beginning on October 1, 2015,’’. SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

(a) IN GENERAL.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the require-ments of the ICAO Technical Instructions.

(b) EXCEPTIONS.— (1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding sub-

section (a), the Secretary may enforce the prohibition on trans-porting primary (non-rechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal

49 USC 44701 note.

Effective date.


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Regulations (as in effect on the date of enactment of this Act).

(2) CREDIBLE REPORTS.—Notwithstanding subsection (a), if the Secretary obtains a credible report with respect to a safety incident from a national or international governmental regu-latory or investigating body that demonstrates that the pres-ence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary—

(A) may issue and enforce an emergency regulation, more stringent than the requirements of the ICAO Tech-nical Instructions, that governs the transportation by air-craft of such cells or batteries, if that regulation—

(i) addresses solely deficiencies referenced in the report; and

(ii) is effective for not more than 1 year; and (B) may adopt and enforce a permanent regulation,

more stringent than the requirements of the ICAO Tech-nical Instructions, that governs the transportation by air-craft of such cells or batteries, if—

(i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an onboard fire;

(ii) the regulation addresses solely the deficiencies in existing regulations; and

(iii) the regulation imposes the least disruptive and least expensive variation from existing require-ments while adequately addressing identified defi-ciencies.

(c) ICAO TECHNICAL INSTRUCTIONS DEFINED.—In this section, the term ‘‘ICAO Technical Instructions’’ means the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (as amended, including amendments adopted after the date of enactment of this Act).

SEC. 829. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH OSHA.

Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall—

(1) establish milestones, in consultation with the Occupa-tional Safety and Health Administration, in a report to Con-gress—

(A) for the completion of work begun under the August 2000 memorandum of understanding between the Adminis-trations; and

(B) to address issues that need further action, as set forth in the December 2000 joint report of the Administra-tions; and (2) initiate development of a policy statement to set forth

the circumstances in which requirements of the Occupational Policy statement.

Milestones. Reports.

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Safety and Health Administration may be applied to crew-members while working in an aircraft.

SEC. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM.

(a) IN GENERAL.—Section 44920(b) is amended to read as fol-lows:

‘‘(b) APPROVAL OF APPLICATIONS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date

of receipt of an application submitted by an airport operator under subsection (a), the Under Secretary shall approve or deny the application.

‘‘(2) STANDARDS.—The Under Secretary shall approve an application submitted by an airport operator under subsection (a) if the Under Secretary determines that the approval would not compromise security or detrimentally affect the cost-effi-ciency or the effectiveness of the screening of passengers or property at the airport.

‘‘(3) REPORTS ON DENIALS OF APPLICATIONS.— ‘‘(A) IN GENERAL.—If the Under Secretary denies an

application submitted by an airport operator under sub-section (a), the Under Secretary shall provide to the airport operator, not later than 60 days following the date of the denial, a written report that sets forth—

‘‘(i) the findings that served as the basis for the denial;

‘‘(ii) the results of any cost or security analysis conducted in considering the application; and

‘‘(iii) recommendations on how the airport operator can address the reasons for the denial. ‘‘(B) SUBMISSION TO CONGRESS.—The Under Secretary

shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Home-land Security of the House of Representatives a copy of any report provided to an airport operator under subpara-graph (A).’’.

(b) WAIVERS.—Section 44920(d) is amended— (1) by redesignating paragraphs (1) and (2) as subpara-

graphs (A) and (B), respectively, and moving the subparagraphs 2 ems to the right;

(2) by striking ‘‘The Under Secretary’’ and inserting the following:

‘‘(1) IN GENERAL.—The Under Secretary’’; and (3) by adding at the end the following: ‘‘(2) WAIVERS.—The Under Secretary may waive the

requirement of paragraph (1)(B) for any company that is a United States subsidiary with a parent company that has imple-mented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to the submission of the application. The Under Secretary has complete discretion to reject any application from a private screening company to provide screening services at an airport that requires a waiver under this paragraph.’’. (c) RECOMMENDATIONS OF AIRPORT OPERATOR.—Section 44920

is amended by adding at the end the following:

Records.

Determination.

Deadline.


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‘‘(h) RECOMMENDATIONS OF AIRPORT OPERATOR.—As part of any submission of an application for a private screening company to provide screening services at an airport, the airport operator shall provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs of the airport, along with a statement explaining the basis of the operator’s recommendation.’’.

(d) RECONSIDERATION OF APPLICATIONS PENDING AS OF JANUARY 1, 2011.—

(1) IN GENERAL.—Upon the request of an airport operator, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that—

(A) was submitted by the operator of an airport pursu-ant to section 44920(a) of title 49, United States Code;

(B) was pending for final decision by the Secretary on any day between January 1, 2011, and February 3, 2011, and was resubmitted by the applicant in accordance with new guidelines provided by the Secretary after Feb-ruary 3, 2011; and

(C) has not been approved by the Secretary on or before the date of enactment of this Act. (2) NOTICE TO AIRPORT OPERATORS.—In reconsidering an

application submitted under paragraph (1), the Secretary shall—

(A) notify the airport operator that submitted the application that the Secretary will reconsider the applica-tion;

(B) if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and

(C) request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. (3) DEADLINE; STANDARDS.—The Secretary shall approve

or deny an application to be reconsidered under paragraph (1) not later than the 120th day following the date of the request for reconsideration from the airport operator. The Sec-retary shall apply the standards set forth in section 44920(b) of title 49, United States Code (as amended by this section), in approving and denying such application.

(4) REPORTS ON DENIALS OF APPLICATIONS.— (A) IN GENERAL.—If the Secretary denies an application

of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport oper-ator a written report that sets forth—

(i) the findings that served as the basis for the denial; and

(ii) the results of any cost or security analysis conducted in considering the application. (B) SUBMISSION TO CONGRESS.—The Secretary shall

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Home-land Security of the House of Representatives a copy of any report provided to an airport operator under subpara-graph (A).

Records.

Applicability.

Time period.


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TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 48102(a) is amended— (1) in the matter before paragraph (1) by striking ‘‘of this

title’’ and inserting ‘‘of this title and, for each of fiscal years 2012 through 2015, under subsection (g)’’;

(2) by striking paragraphs (1) through (8); (3) by redesignating paragraphs (9) through (15) as para-

graphs (1) through (7), respectively; (4) in paragraph (3) (as so redesignated)—

(A) in subparagraph (K) by adding ‘‘and’’ at the end; and

(B) in subparagraph (L) by striking ‘‘and’’ at the end; and (5) by striking paragraph (16) and inserting the following: ‘‘(8) $168,000,000 for each of fiscal years 2012 through

2015.’’. (b) SPECIFIC PROGRAM LIMITATIONS.—Section 48102 is amended

by inserting after subsection (f) the following: ‘‘(g) SPECIFIC AUTHORIZATIONS.—The following programs

described in the research, engineering, and development account of the national aviation research plan required under section 44501(c) are authorized:

‘‘(1) Fire Research and Safety. ‘‘(2) Propulsion and Fuel Systems. ‘‘(3) Advanced Materials/Structural Safety. ‘‘(4) Atmospheric Hazards—Aircraft Icing/Digital System

Safety. ‘‘(5) Continued Airworthiness. ‘‘(6) Aircraft Catastrophic Failure Prevention Research. ‘‘(7) Flightdeck/Maintenance/System Integration Human

Factors. ‘‘(8) System Safety Management. ‘‘(9) Air Traffic Control/Technical Operations Human Fac-

tors. ‘‘(10) Aeromedical Research. ‘‘(11) Weather Program. ‘‘(12) Unmanned Aircraft Systems Research. ‘‘(13) NextGen—Alternative Fuels for General Aviation. ‘‘(14) Joint Planning and Development Office. ‘‘(15) NextGen—Wake Turbulence Research. ‘‘(16) NextGen—Air Ground Integration Human Factors. ‘‘(17) NextGen—Self Separation Human Factors. ‘‘(18) NextGen—Weather Technology in the Cockpit. ‘‘(19) Environment and Energy Research. ‘‘(20) NextGen Environmental Research—Aircraft Tech-

nologies, Fuels, and Metrics. ‘‘(21) System Planning and Resource Management. ‘‘(22) The William J. Hughes Technical Center Laboratory

Facility.’’. (c) PROGRAM AUTHORIZATIONS.—From the other accounts

described in the national aviation research plan required under section 44501(c) of title 49, United States Code, the following research and development activities are authorized:

49 USC 44501 note.


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(1) Runway Incursion Reduction. (2) System Capacity, Planning, and Improvement. (3) Operations Concept Validation. (4) NAS Weather Requirements. (5) Airspace Management Program. (6) NextGen—Air Traffic Control/Technical Operations

Human Factors. (7) NextGen—Environment and Energy—Environmental

Management System and Advanced Noise and Emissions Reduction.

(8) NextGen—New Air Traffic Management Requirements. (9) NextGen—Operations Concept Validation—Validation

Modeling. (10) NextGen—System Safety Management Trans-

formation. (11) NextGen—Wake Turbulence—Recategorization. (12) NextGen—Operational Assessments. (13) NextGen—Staffed NextGen Towers. (14) Center for Advanced Aviation System Development. (15) Airports Technology Research Program—Capacity. (16) Airports Technology Research Program—Safety. (17) Airports Technology Research Program—Environment. (18) Airport Cooperative Research—Capacity. (19) Airport Cooperative Research—Environment. (20) Airport Cooperative Research—Safety.


In this title, the following definitions apply: (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the FAA. (2) FAA.—The term ‘‘FAA’’ means the Federal Aviation

Administration. (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-

tion of higher education’’ has the same meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(4) NASA.—The term ‘‘NASA’’ means the National Aero-nautics and Space Administration.

(5) NOAA.—The term ‘‘NOAA’’ means the National Oceanic and Atmospheric Administration.

SEC. 903. UNMANNED AIRCRAFT SYSTEMS.

(a) RESEARCH INITIATIVE.—Section 44504(b) is amended— (1) in paragraph (6) by striking ‘‘and’’ after the semicolon; (2) in paragraph (7) by striking the period at the end

and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(8) in conjunction with other Federal agencies, as appro-

priate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system.’’. (b) SYSTEMS, PROCEDURES, FACILITIES, AND DEVICES.—Section

44505(b) is amended— (1) in paragraph (4) by striking ‘‘and’’ after the semicolon;

49 USC 40101 note.


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(2) in paragraph (5)(C) by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following: ‘‘(6) to develop a better understanding of the relationship

between human factors and unmanned aircraft system safety; and

‘‘(7) to develop dynamic simulation models for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.’’.

SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator shall continue to carry out a research program under which the Administrator may make grants to and enter into cooperative agreements with institutions of higher education and pavement research organizations for research and technology demonstrations related to—

(1) the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pavements; and

(2) engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier operations.

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

Section 44505 is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following:

‘‘(d) RESEARCH ON DESIGN FOR CERTIFICATION.— ‘‘(1) RESEARCH.—Not later than 1 year after the date of

enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct research on methods and proce-dures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.

‘‘(2) RESEARCH PLAN.—Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile.

‘‘(3) REVIEW.—The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of Representa-tives and the Committee on Commerce, Science, and Transpor-tation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012.’’.

SEC. 906. AIRPORT COOPERATIVE RESEARCH PROGRAM.

Section 44511(f) is amended— (1) in paragraph (1) by striking ‘‘establish a 4-year pilot’’

and inserting ‘‘maintain an’’; and (2) in paragraph (4)—

Deadline.

49 USC 44505 note.


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(A) by striking ‘‘Not later than 6 months after the expiration of the program under this subsection,’’ and inserting ‘‘Not later than September 30, 2012,’’; and

(B) by striking ‘‘program, including recommendations as to the need for establishing a permanent airport coopera-tive research program’’ and inserting ‘‘program’’.

SEC. 907. CENTERS OF EXCELLENCE.

(a) GOVERNMENT’S SHARE OF COSTS.—Section 44513(f) is amended to read as follows:

‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s share of establishing and operating a center and all related research activities that grant recipients carry out shall not exceed 50 percent of the costs, except that the Administrator may increase such share to a maximum of 75 percent of the costs for a fiscal year if the Administrator determines that a center would be unable to carry out the authorized activities described in this section without additional funds.’’.

(b) ANNUAL REPORT.—Section 44513 is amended by adding at the end the following:

‘‘(h) ANNUAL REPORT.—The Administrator shall transmit annually to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at the time of the Presi-dent’s budget request a report that lists—

‘‘(1) the research projects that have been initiated by each center in the preceding year;

‘‘(2) the amount of funding for each research project and the funding source;

‘‘(3) the institutions participating in each research project and their shares of the overall funding for each research project; and

‘‘(4) the level of cost-sharing for each research project.’’.

SEC. 908. CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE RESEARCH.

(a) ESTABLISHMENT.—Using amounts made available under sec-tion 48102(a) of title 49, United States Code, the Administrator may establish a center of excellence to conduct research on—

(1) human performance in the air transportation environ-ment, including among air transportation personnel such as air traffic controllers, pilots, and technicians; and

(2) any other aviation human resource issue pertinent to developing and maintaining a safe and efficient air transpor-tation system. (b) ACTIVITIES.—Activities conducted under this section may

include the following: (1) Research, development, and evaluation of training pro-

grams for air traffic controllers, aviation safety inspectors, air-way transportation safety specialists, and engineers.

(2) Research and development of best practices for recruit-ment of individuals into the aviation field for mission critical positions.

(3) Research, in consultation with other relevant Federal agencies, to develop a baseline of general aviation employment statistics and an analysis of future needs in the aviation field.

49 USC 44513 note.

Deadline.


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(4) Research and the development of a comprehensive assessment of the airframe and power plant technician certifi-cation process and its effect on employment trends.

(5) Evaluation of aviation maintenance technician school environments.

(6) Research and an assessment of the ability to develop training programs to allow for the transition of recently unemployed and highly skilled mechanics into the aviation field.

SEC. 909. INTERAGENCY RESEARCH ON AVIATION AND THE ENVIRON-MENT.

(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator, in coordination with NASA and after consultation with other relevant agencies, may maintain a research program to assess the potential effect of aviation activities on the environment and, if warranted, to evaluate approaches to address any such effect.

(b) RESEARCH PLAN.— (1) IN GENERAL.—The Administrator, in coordination with

NASA and after consultation with other relevant agencies, shall jointly develop a plan to carry out the research under subsection (a).

(2) CONTENTS.—The plan shall contain an inventory of current interagency research being undertaken in this area, future research objectives, proposed tasks, milestones, and a 5-year budgetary profile.

(3) REQUIREMENTS.—The plan— (A) shall be completed not later than 1 year after

the date of enactment of this Act; (B) shall be submitted to Congress for review; and (C) shall be updated, as appropriate, every 3 years

after the initial submission.

SEC. 910. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM.

(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator, in coordination with the Administrator of NASA, shall continue research and development activities into the qualification of an unleaded aviation fuel and safe transition to this fuel for the fleet of piston engine aircraft.

(b) REQUIREMENTS.—In carrying out the program under sub-section (a), the Administrator shall, at a minimum—

(1) not later than 120 days after the date of enactment of this Act, develop a research and development plan containing the specific research and development objectives, including consideration of aviation safety, technical feasibility, and other relevant factors, and the anticipated timetable for achieving the objectives;

(2) assess the methods and processes by which the FAA and industry may expeditiously certify and approve new aircraft and recertify existing aircraft with respect to unleaded aviation fuel;

(3) assess technologies that modify existing piston engine aircraft to enable safe operation of the aircraft using unleaded aviation fuel and determine the resources necessary to certify those technologies; and

Assessment.

Assessment.

Deadline.

49 USC 44504 note.

Updates. Submission.

Deadline.

Consultation.

49 USC 40101 note.


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(4) develop recommendations for appropriate policies and guidelines to facilitate a transition to unleaded aviation fuel for piston engine aircraft. (c) COLLABORATION.—In carrying out the program under sub-

section (a), the Administrator shall collaborate with— (1) industry groups representing aviation consumers,

manufacturers, and fuel producers and distributors; and (2) other appropriate Federal agencies.

(d) REPORT.—Not later than 270 days after the date of enact-ment of this Act, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the plan, information obtained, and policies and guidelines developed pursuant to subsection (b).

SEC. 911. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECH-NOLOGY FOR CIVIL AIRCRAFT.

(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator shall establish a research program to assist in the development and qualification of jet fuel from alternative sources (such as natural gas, biomass, ethanol, butanol, and hydrogen) and other renewable sources.

(b) AUTHORITY TO MAKE GRANTS.—The Administrator shall carry out the program through the use of grants or other measures authorized under section 106(l)(6) of such title, including reimburs-able agreements with other Federal agencies.

(c) PARTICIPATION IN PROGRAM.— (1) PARTICIPATION OF EDUCATIONAL AND RESEARCH INSTITU-

TIONS.—In carrying out the program, the Administrator shall include participation by—

(A) educational and research institutions that have existing facilities and leverage private sector partnerships; and

(B) consortia with experience across the supply chain, including with research, feedstock development and produc-tion, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel. (2) USE OF NASA FACILITIES.—In carrying out the program,

the Administrator shall consider utilizing the existing capacity in aeronautics research at Langley Research Center, Glenn Research Center, and other appropriate facilities of NASA. (d) DESIGNATION OF INSTITUTION AS A CENTER OF EXCEL-

LENCE.— (1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Administrator may designate an institution described in subsection (c)(1)(A) as a Center of Excellence for Alternative Jet-Fuel Research in Civil Aircraft.

(2) EFFECT OF DESIGNATION.—The center designated under paragraph (1) shall become, upon its designation—

(A) a member of the Consortium for Continuous Low Energy, Emissions, and Noise of the FAA; and

(B) part of a Joint Center of Excellence with the Part-nership for Air Transportation Noise and Emission Reduc-tion FAA Center of Excellence.

Deadline.

49 USC 44504 note.

Recommenda- tions.


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SEC. 912. REVIEW OF FAA’S ENERGY-RELATED AND ENVIRONMENT- RELATED RESEARCH PROGRAMS.

(a) REVIEW.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator shall enter into an arrangement for an independent external review of FAA energy-related and environment-related research programs. The review shall assess whether—

(1) the programs have well-defined, prioritized, and appro-priate research objectives;

(2) the programs are properly coordinated with the energy- related and environment-related research programs at NASA, NOAA, and other relevant agencies;

(3) the programs have allocated appropriate resources to each of the research objectives; and

(4) there exist suitable mechanisms for transitioning the research results into the FAA’s operational technologies and procedures and certification activities. (b) REPORT.—Not later than 18 months after the date of enact-

ment of this Act, the Administrator shall submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing the results of the review. SEC. 913. REVIEW OF FAA’S AVIATION SAFETY-RELATED RESEARCH

PROGRAMS.

(a) REVIEW.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator shall enter into an arrangement for an independent external review of the FAA’s aviation safety-related research programs. The review shall assess whether—

(1) the programs have well-defined, prioritized, and appro-priate research objectives;

(2) the programs are properly coordinated with the safety research programs of NASA and other relevant Federal agen-cies;

(3) the programs have allocated appropriate resources to each of the research objectives;

(4) the programs should include a determination about whether a survey of participants across the air transportation system is an appropriate way to study safety risks within such system; and

(5) there exist suitable mechanisms for transitioning the research results from the programs into the FAA’s operational technologies and procedures and certification activities in a timely manner. (b) AVIATION SAFETY-RELATED RESEARCH PROGRAMS TO BE

ASSESSED.—The FAA aviation safety-related research programs to be assessed under the review shall include, at a minimum, the following:

(1) Air traffic control/technical operations human factors. (2) Runway incursion reduction. (3) Flightdeck/maintenance system integration human fac-

tors. (4) Airports technology research—safety. (5) Airport Cooperative Research Program— safety. (6) Weather Program. (7) Atmospheric hazards/digital system safety.


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(8) Fire research and safety. (9) Propulsion and fuel systems. (10) Advanced materials/structural safety. (11) Aging aircraft. (12) Aircraft catastrophic failure prevention research. (13) Aeromedical research. (14) Aviation safety risk analysis. (15) Unmanned aircraft systems research.

(c) REPORT.—Not later than 14 months after the date of enact-ment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review.

SEC. 914. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN AIRCRAFT.

(a) ESTABLISHMENT OF RESEARCH PROGRAM.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator shall establish a research program related to developing jet fuel from clean coal.

(b) AUTHORITY TO MAKE GRANTS.—The Administrator shall carry out the program through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agree-ments with other Federal agencies.

(c) PARTICIPATION IN PROGRAM.—In carrying out the program, the Administrator shall include participation by educational and research institutions that have existing facilities and experience in the development and deployment of technology that processes coal into aviation fuel.

(d) DESIGNATION OF INSTITUTION AS A CENTER OF EXCEL-LENCE.—Not later than 180 days after the date of enactment of this Act, the Administrator may designate an institution described in subsection (c) as a Center of Excellence for Coal-to-Jet-Fuel Research.

SEC. 915. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH.

Not later than 60 days after the date of enactment of this Act, the Administrator shall—

(1) initiate an evaluation of proposals related to research on the nature of wake vortexes that would increase national airspace system capacity by reducing existing spacing require-ments between aircraft of all sizes;

(2) begin implementation of a system to improve volcanic ash avoidance options for aircraft, including the development of a volcanic ash warning and notification system for aviation; and

(3) coordinate with NOAA, NASA, and other appropriate Federal agencies to conduct research to reduce the hazards presented to commercial aviation related to—

(A) ground de-icing and anti-icing, ice pellets, and freezing drizzle;

(B) oceanic weather, including convective weather; (C) en route turbulence prediction and detection; and (D) all hazards during oceanic operations, where

commercial traffic is high and only rudimentary satellite sensing is available.

Evaluation.

Deadline.

49 USC 44505 note.

Deadline.

49 USC 44504 note.


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SEC. 916. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH AND TRAINING IN THE USE OF ADVANCED MATERIALS IN TRANSPORT AIRCRAFT.

Section 708(b) of the Vision 100—Century of Aviation Reauthor-ization Act (49 U.S.C. 44504 note) is amended by striking ‘‘for fiscal year 2004’’ and inserting ‘‘for each of fiscal years 2012 through 2015’’. SEC. 917. RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN

AND MONITOR THE ENGINE AND APU BLEED AIR SUP-PLIED ON PRESSURIZED AIRCRAFT.

(a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Administrator, to the extent practicable, shall implement a research program for the identification or development of appropriate and effective air cleaning technology and sensor technology for the engine and auxiliary power unit bleed air supplied to the passenger cabin and flight deck of a pressurized aircraft.

(b) TECHNOLOGY REQUIREMENTS.—The technology referred to in subsection (a) shall have the capacity, at a minimum—

(1) to remove oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and

(2) to detect and record oil-based contaminants in the por-tion of the total air supplied to the passenger cabin and flight deck from bleed air. (c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com-mittee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of the research and development work carried out under this section. SEC. 918. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR

NEXTGEN.

(a) REVIEW.—The Administrator shall enter into an arrange-ment for an independent external review of the enterprise architec-ture for the Next Generation Air Transportation System.

(b) CONTENTS.—At a minimum, the review to be conducted under subsection (a) shall—

(1) highlight the technical activities, including human- system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the FAA;

(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and

(3) determine how risks with automation efforts for the Next Generation Air Transportation System can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems. (c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Administrator shall submit to the Committee on

Deadline.

49 USC 44504 note.

49 USC 44504 note.


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Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review conducted pursuant to subsection (a).

SEC. 919. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator shall prepare and submit a problem statement to the Transportation Research Board for the purpose of initiating a study under the Airport Cooperative Research Program on airport sustainability practices.

(b) FUNCTIONS.—The purpose of the study shall be— (1) to examine and develop best airport practices and

metrics for the sustainable design, construction, planning, maintenance, and operation of an airport;

(2) to examine potential standards for a rating system based on the best sustainable practices and metrics;

(3) to examine potential standards for a voluntary airport rating process based on the best sustainable practices, metrics, and ratings; and

(4) to examine and develop recommendations for future actions with regard to sustainability. (c) REPORT.—Not later than 18 months after the date of initi-

ation of the study, a report on the study shall be submitted to the Administrator and the Committee on Science, Space, and Tech-nology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

TITLE X—NATIONAL MEDIATION BOARD

SEC. 1001. RULEMAKING AUTHORITY.

Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended by inserting after section 10 the following:

‘‘SEC. 10A. RULES AND REGULATIONS.

‘‘(a) IN GENERAL.—The Mediation Board shall have the authority from time to time to make, amend, and rescind, in the manner prescribed by section 553 of title 5, United States Code, and after opportunity for a public hearing, such rules and regula-tions as may be necessary to carry out the provisions of this Act.

‘‘(b) APPLICATION.—The requirements of subsection (a) shall not apply to any rule or proposed rule to which the third sentence of section 553(b) of title 5, United States Code, applies.’’.

SEC. 1002. RUNOFF ELECTION RULES.

Paragraph Ninth of section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by inserting after the fourth sentence the following: ‘‘In any such election for which there are 3 or more options (including the option of not being represented by any labor organization) on the ballot and no such option receives a majority of the valid votes cast, the Mediation Board shall arrange for a second election between the options receiving the largest and the second largest number of votes.’’.

45 USC 160a.

Deadline. Statement. Study.


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SEC. 1003. BARGAINING REPRESENTATIVE CERTIFICATION.

Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by adding at the end the following:

‘‘Twelfth. Showing of interest for representation elections. The Mediation Board, upon receipt of an application requesting that an organization or individual be certified as the representative of any craft or class of employees, shall not direct an election or use any other method to determine who shall be the representa-tive of such craft or class unless the Mediation Board determines that the application is supported by a showing of interest from not less than 50 percent of the employees in the craft or class.’’.

SEC. 1004. OVERSIGHT.

Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended by adding at the end the following:

‘‘SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD.

‘‘(a) EVALUATION AND AUDIT OF MEDIATION BOARD.— ‘‘(1) IN GENERAL.—In order to promote economy, efficiency,

and effectiveness in the administration of the programs, oper-ations, and activities of the Mediation Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Mediation Board. Such an evaluation and audit shall be conducted not less frequently than every 2 years, but may be conducted as determined nec-essary by the Comptroller General or the appropriate congres-sional committees.

‘‘(2) RESPONSIBILITY OF COMPTROLLER GENERAL.—In car-rying out the evaluation and audit required under paragraph (1), the Comptroller General shall evaluate and audit the pro-grams, operations, and activities of the Mediation Board, including, at a minimum—

‘‘(A) information management and security, including privacy protection of personally identifiable information;

‘‘(B) resource management; ‘‘(C) workforce development; ‘‘(D) procurement and contracting planning, practices,

and policies; ‘‘(E) the extent to which the Mediation Board follows

leading practices in selected management areas; and ‘‘(F) the processes the Mediation Board follows to

address challenges in— ‘‘(i) initial investigations of applications requesting

that an organization or individual be certified as the representative of any craft or class of employees;

‘‘(ii) determining and certifying representatives of employees; and

‘‘(iii) ensuring that the process occurs without interference, influence, or coercion.

‘‘(b) IMMEDIATE REVIEW OF CERTIFICATION PROCEDURES.—Not later than 180 days after the date of enactment of this section, the Comptroller General shall review the processes applied by the Mediation Board to certify or decertify representation of employees by a labor organization and make recommendations to the Board and appropriate congressional committees regarding actions that may be taken by the Board or Congress to ensure that the processes

Deadline. Recommenda- tions.

Time period.

45 USC 165.


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are fair and reasonable for all parties. Such review shall be con-ducted separately from any evaluation and audit under subsection (a) and shall include, at a minimum—

‘‘(1) an evaluation of the existing processes and changes to such processes that have occurred since the establishment of the Mediation Board and whether those changes are con-sistent with congressional intent; and

‘‘(2) a description of the extent to which such processes are consistent with similar processes applied to other Federal or State agencies with jurisdiction over labor relations, and an evaluation of any justifications for any discrepancies between the processes of the Mediation Board and such similar Federal or State processes. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEE DEFINED.—In

this section, the term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Edu-cation, Labor, and Pensions of the Senate.’’.

TITLE XI—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

SEC. 1100. AMENDMENT OF 1986 CODE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

SEC. 1101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) FUEL TAXES.—Subparagraph (B) of section 4081(d)(2) is amended by striking ‘‘February 17, 2012’’ and inserting ‘‘September 30, 2015’’.

(b) TICKET TAXES.— (1) PERSONS.—Clause (ii) of section 4261(j)(1)(A) is

amended by striking ‘‘February 17, 2012’’ and inserting ‘‘Sep-tember 30, 2015’’.

(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) is amended by striking ‘‘February 17, 2012’’ and inserting ‘‘Sep-tember 30, 2015’’. (c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on February 18, 2012.

SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) IN GENERAL.—Paragraph (1) of section 9502(d) is amended— (1) by striking ‘‘February 18, 2012’’ in the matter preceding

subparagraph (A) and inserting ‘‘October 1, 2015’’, and (2) by striking the semicolon at the end of subparagraph

(A) and inserting ‘‘or the FAA Modernization and Reform Act of 2012;’’.

26 USC 4081 note.

26 USC 4081.


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(b) CONFORMING AMENDMENT.—Paragraph (2) of section 9502(e) is amended by striking ‘‘February 18, 2012’’ and inserting ‘‘October 1, 2015’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on February 18, 2012.

SEC. 1103. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PRO-GRAMS.

(a) FUEL SURTAX.— (1) IN GENERAL.—Subchapter B of chapter 31 is amended

by adding at the end the following new section:

‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRAC-TIONAL OWNERSHIP PROGRAM.

‘‘(a) IN GENERAL.—There is hereby imposed a tax on any liquid used (during any calendar quarter by any person) in a fractional program aircraft as fuel—

‘‘(1) for the transportation of a qualified fractional owner with respect to the fractional ownership aircraft program of which such aircraft is a part, or

‘‘(2) with respect to the use of such aircraft on account of such a qualified fractional owner, including use in deadhead service. ‘‘(b) AMOUNT OF TAX.—The rate of tax imposed by subsection

(a) is 14.1 cents per gallon. ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For purposes of this

section— ‘‘(1) FRACTIONAL PROGRAM AIRCRAFT.—The term ‘fractional

program aircraft’ means, with respect to any fractional owner-ship aircraft program, any aircraft which—

‘‘(A) is listed as a fractional program aircraft in the management specifications issued to the manager of such program by the Federal Aviation Administration under subpart K of part 91 of title 14, Code of Federal Regula-tions, and

‘‘(B) is registered in the United States. ‘‘(2) FRACTIONAL OWNERSHIP AIRCRAFT PROGRAM.—The term

‘fractional ownership aircraft program’ means a program under which—

‘‘(A) a single fractional ownership program manager provides fractional ownership program management serv-ices on behalf of the fractional owners,

‘‘(B) there are 1 or more fractional owners per fractional program aircraft, with at least 1 fractional program aircraft having more than 1 owner,

‘‘(C) with respect to at least 2 fractional program air-craft, none of the ownership interests in such aircraft are—

‘‘(i) less than the minimum fractional ownership interest, or

‘‘(ii) held by the program manager referred to in subparagraph (A), ‘‘(D) there exists a dry-lease aircraft exchange arrange-

ment among all of the fractional owners, and ‘‘(E) there are multi-year program agreements covering

the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program.

26 USC 4043.

26 USC 9502 note.

26 USC 9502.


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‘‘(3) DEFINITIONS RELATED TO FRACTIONAL OWNERSHIP INTERESTS.—

‘‘(A) QUALIFIED FRACTIONAL OWNER.—The term ‘quali-fied fractional owner’ means any fractional owner which has a minimum fractional ownership interest in at least one fractional program aircraft.

‘‘(B) MINIMUM FRACTIONAL OWNERSHIP INTEREST.—The term ‘minimum fractional ownership interest’ means, with respect to each type of aircraft—

‘‘(i) a fractional ownership interest equal to or greater than 1/16 of at least 1 subsonic, fixed wing, or powered lift aircraft, or

‘‘(ii) a fractional ownership interest equal to or greater than 1/32 of at least 1 rotorcraft aircraft. ‘‘(C) FRACTIONAL OWNERSHIP INTEREST.—The term

‘fractional ownership interest’ means— ‘‘(i) the ownership of an interest in a fractional

program aircraft, ‘‘(ii) the holding of a multi-year leasehold interest

in a fractional program aircraft, or ‘‘(iii) the holding of a multi-year leasehold interest

which is convertible into an ownership interest in a fractional program aircraft. ‘‘(D) FRACTIONAL OWNER.—The term ‘fractional owner’

means any person owning any interest (including the entire interest) in a fractional program aircraft. ‘‘(4) DRY-LEASE AIRCRAFT EXCHANGE.—The term ‘dry-lease

aircraft exchange’ means an agreement, documented by the written program agreements, under which the fractional pro-gram aircraft are available, on an as needed basis without crew, to each fractional owner.

‘‘(5) SPECIAL RULE RELATING TO USE OF FRACTIONAL PRO-GRAM AIRCRAFT FOR FLIGHT DEMONSTRATION, MAINTENANCE, OR TRAINING.—For purposes of subsection (a), a fractional program aircraft shall not be considered to be used for the transportation of a qualified fractional owner, or on account of such qualified fractional owner, when it is used for flight demonstration, maintenance, or crew training.

‘‘(6) SPECIAL RULE RELATING TO DEADHEAD SERVICE.—A fractional program aircraft shall not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified frac-tional owner is separately charged for such service. ‘‘(d) TERMINATION.—This section shall not apply to liquids used

as a fuel in an aircraft after September 30, 2021.’’. (2) CONFORMING AMENDMENT.—Subsection (e) of section

4082 is amended by inserting ‘‘(other than kerosene with respect to which tax is imposed under section 4043)’’ after ‘‘In the case of kerosene’’.

(3) TRANSFER OF REVENUES TO AIRPORT AND AIRWAY TRUST FUND.—Paragraph (1) of section 9502(b) is amended by redesig-nating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph:

‘‘(B) section 4043 (relating to surtax on fuel used in aircraft part of a fractional ownership program),’’.

26 USC 4082.


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(4) CLERICAL AMENDMENT.—The table of sections for sub-chapter B of chapter 31 is amended by adding at the end the following new item:

‘‘Sec. 4043. Surtax on fuel used in aircraft part of a fractional ownership program.’’.

(b) FRACTIONAL OWNERSHIP PROGRAMS TREATED AS NON- COMMERCIAL AVIATION.—Subsection (b) of section 4083 is amended by adding at the end the following new sentence: ‘‘Such term shall not include the use of any aircraft before October 1, 2015, if tax is imposed under section 4043 with respect to the fuel con-sumed in such use or if no tax is imposed on such use under section 4043 by reason of subsection (c)(5) thereof.’’.

(c) EXEMPTION FROM TAX ON TRANSPORTATION OF PERSONS.— Section 4261, as amended by this Act, is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection:

‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL OWNERSHIP AIR-CRAFT PROGRAMS.—No tax shall be imposed by this section or section 4271 on any air transportation if tax is imposed under section 4043 with respect to the fuel used in such transportation. This subsection shall not apply after September 30, 2015.’’.

(d) EFFECTIVE DATES.— (1) SUBSECTION (a).—The amendments made by subsection

(a) shall apply to fuel used after March 31, 2012. (2) SUBSECTION (b).—The amendment made by subsection

(b) shall apply to uses of aircraft after March 31, 2012. (3) SUBSECTION (c).—The amendments made by subsection

(c) shall apply to taxable transportation provided after March 31, 2012.

SEC. 1104. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

(a) IN GENERAL.—Section 7275 is amended— (1) by redesignating subsection (c) as subsection (d), (2) by striking ‘‘subsection (a) or (b)’’ in subsection (d),

as so redesignated, and inserting ‘‘subsection (a), (b), or (c)’’, and

(3) by inserting after subsection (b) the following new sub-section: ‘‘(c) NON-TAX CHARGES.—

‘‘(1) IN GENERAL.—In the case of transportation by air for which disclosure on the ticket or advertising for such transportation of the amounts paid for passenger taxes is required by subsection (a)(2) or (b)(1)(B), if such amounts are separately disclosed, it shall be unlawful for the disclosure of such amounts to include any amounts not attributable to such taxes.

‘‘(2) INCLUSION IN TRANSPORTATION COST.—Nothing in this subsection shall prohibit the inclusion of amounts not attrib-utable to the taxes imposed by subsection (a), (b), or (c) of section 4261 in the disclosure of the amount paid for transpor-tation as required by subsection (a)(1) or (b)(1)(A), or in a separate disclosure of amounts not attributable to such taxes.’’. (b) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable transportation provided after March 31, 2012. 26 USC 7275 note.

26 USC 4261 note.

26 USC 4083 note.

26 USC 4043 note.

Termination date.

Effective date. 26 USC 4083.


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SEC. 1105. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMER-GENCY MEDICAL AIRCRAFT.

(a) IN GENERAL.—Subsection (e) of section 147 is amended by adding at the end the following new sentence: ‘‘The preceding sentence shall not apply to any fixed-wing aircraft equipped for, and exclusively dedicated to providing, acute care emergency med-ical services (within the meaning of section 4261(g)(2)).’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.

SEC. 1106. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.

(a) GENERAL RULES.— (1) ROLLOVER OF AIRLINE PAYMENT AMOUNT.—If a qualified

airline employee receives any airline payment amount and transfers any portion of such amount to a traditional IRA within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then such amount (to the extent so transferred) shall be treated as a rollover contribution described in section 402(c) of the Internal Revenue Code of 1986. A qualified airline employee making such a transfer may exclude from gross income the amount transferred, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier.

(2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO AIRLINE PAY-MENT AMOUNT FOLLOWING ROLLOVER TO ROTH IRA.—A qualified airline employee who has contributed an airline payment amount to a Roth IRA that is treated as a qualified rollover contribution pursuant to section 125 of the Worker, Retiree, and Employer Recovery Act of 2008, may transfer to a tradi-tional IRA, in a trustee-to-trustee transfer, all or any part of the contribution (together with any net income allocable to such contribution), and the transfer to the traditional IRA will be deemed to have been made at the time of the rollover to the Roth IRA, if such transfer is made within 180 days of the date of the enactment of this Act. A qualified airline employee making such a transfer may exclude from gross income the airline payment amount previously rolled over to the Roth IRA, to the extent an amount attributable to the previous rollover was transferred to a traditional IRA, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. No amount so transferred to a traditional IRA may be treated as a qualified rollover contribution with respect to a Roth IRA within the 5-taxable year period beginning with the taxable year in which such transfer was made.

(3) EXTENSION OF TIME TO FILE CLAIM FOR REFUND.—A qualified airline employee who excludes an amount from gross income in a prior taxable year under paragraph (1) or (2) may reflect such exclusion in a claim for refund filed within the period of limitation under section 6511(a) of such Code (or, if later, April 15, 2013).

(4) OVERALL LIMITATION ON AMOUNTS TRANSFERRED TO TRADITIONAL IRAS.—

Time period.

26 USC 408 note.

26 USC 147 note.

26 USC 147.


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(A) IN GENERAL.—The aggregate amount of airline pay-ment amounts which may be transferred to 1 or more traditional IRAs under paragraphs (1) and (2) with respect to any qualified employee for any taxable year shall not exceed the excess (if any) of—

(i) 90 percent of the aggregate airline payment amounts received by the qualified airline employee during the taxable year and all preceding taxable years, over

(ii) the aggregate amount of such transfers to which paragraphs (1) and (2) applied for all preceding taxable years. (B) SPECIAL RULES.—For purposes of applying the

limitation under subparagraph (A)— (i) any airline payment amount received by the

surviving spouse of any qualified employee, and any amount transferred to a traditional IRA by such spouse under subsection (d), shall be treated as an amount received or transferred by the qualified employee, and

(ii) any amount transferred to a traditional IRA which is attributable to net income described in para-graph (2) shall not be taken into account.

(5) COVERED EXECUTIVES NOT ELIGIBLE TO MAKE TRANS-FERS.—Paragraphs (1) and (2) shall not apply to any transfer by a qualified airline employee (or any transfer authorized under subsection (d) by a surviving spouse of the qualified airline employee) if at any time during the taxable year of the transfer or any preceding taxable year the qualified airline employee held a position described in subparagraph (A) or (B) of section 162(m)(3) with the commercial passenger airline carrier from whom the airline payment amount was received. (b) TREATMENT OF AIRLINE PAYMENT AMOUNTS AND TRANSFERS

FOR EMPLOYMENT TAXES.—For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an airline payment amount shall not fail to be treated as a payment of wages by the commercial passenger airline carrier to the qualified airline employee in the taxable year of payment because such amount is excluded from the qualified airline employee’s gross income under subsection (a).

(c) DEFINITIONS AND SPECIAL RULES.—For purposes of this sec-tion—

(1) AIRLINE PAYMENT AMOUNT.— (A) IN GENERAL.—The term ‘‘airline payment amount’’

means any payment of any money or other property which is payable by a commercial passenger airline carrier to a qualified airline employee—

(i) under the approval of an order of a Federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and

(ii) in respect of the qualified airline employee’s interest in a bankruptcy claim against the carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount.

The amount of such payment shall be determined without regard to any requirement to deduct and withhold tax

Applicability.


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from such payment under sections 3102(a) of the Internal Revenue Code of 1986 and 3402(a) of such Code.

(B) EXCEPTION.—An airline payment amount shall not include any amount payable on the basis of the carrier’s future earnings or profits. (2) QUALIFIED AIRLINE EMPLOYEE.—The term ‘‘qualified air-

line employee’’ means an employee or former employee of a commercial passenger airline carrier who was a participant in a defined benefit plan maintained by the carrier which—

(A) is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code, and

(B) was terminated or became subject to the restric-tions contained in paragraphs (2) and (3) of section 402(b) of the Pension Protection Act of 2006. (3) TRADITIONAL IRA.—The term ‘‘traditional IRA’’ means

an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) which is not a Roth IRA.

(4) ROTH IRA.—The term ‘‘Roth IRA’’ has the meaning given such term by section 408A(b) of such Code. (d) SURVIVING SPOUSE.—If a qualified airline employee died

after receiving an airline payment amount, or if an airline payment amount was paid to the surviving spouse of a qualified airline employee in respect of the qualified airline employee, the surviving spouse of the qualified airline employee may take all actions per-mitted under section 125 of the Worker, Retiree and Employer Recovery Act of 2008, or under this section, to the same extent that the qualified airline employee could have done had the qualified airline employee survived.

(e) EFFECTIVE DATE.—This section shall apply to transfers made after the date of the enactment of this Act with respect to airline payment amounts paid before, on, or after such date.

SEC. 1107. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT ON NONESTABLISHED LINES.

(a) IN GENERAL.—The first sentence of section 4281 is amended by inserting ‘‘or when such aircraft is a jet aircraft’’ after ‘‘an established line’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable transportation provided after March 31, 2012.

SEC. 1108. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES OF SECTION 249.

(a) IN GENERAL.—Section 249(a) is amended by striking ‘‘, or a corporation in control of, or controlled by,’’ and inserting ‘‘, or a corporation in the same parent-subsidiary controlled group (within the meaning of section 1563(a)(1) as’’.

(b) CONFORMING AMENDMENT.—Section 249(b) is amended— (1) by striking all that precedes ‘‘is the issue price’’ and

inserting: ‘‘(b) ADJUSTED ISSUE PRICE.—For purposes of subsection (a),

the adjusted issue price’’, and (2) by striking paragraph (2).

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to repurchases after the date of the enactment of this Act.

26 USC 249 note.

26 USC 4281.

Applicability. 26 USC 4281 note.


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LEGISLATIVE HISTORY—H.R. 658 (S. 223): HOUSE REPORTS: Nos. 112–29, Pts. 1 and 2 (Comm. on Transportation and Infra-

structure) and 112–381 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 157 (2011): Mar. 31, Apr. 1, considered and passed House. Apr. 7, considered and passed Senate, amended, in lieu of

S. 223. Vol. 158 (2012): Feb. 3, House agreed to conference report.

Feb. 6, Senate agreed to conference report.

Æ

TITLE XII—COMPLIANCE WITH STATU-TORY PAY-AS-YOU-GO ACT OF 2010

SEC. 1201. COMPLIANCE PROVISION.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses.

Approved February 14, 2012.


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Tlie City of Lago Yista

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