HR 2375 — Friendly Airports for Mothers Act of 2017

In this subchapter— (1) “air carrier” has the meaning given such term in section 40102. (2) “airport”— (A) means— (i) an area of land or water used or intended to be used for the landing and taking off of aircraft; (ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and (iii) airport buildings and facilities located in any of those areas; and (B) includes a heliport. (3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport: (A) constructing, repairing, or improving a public-use airport, including— (i) removing, lowering, relocating, marking, and lighting an airport hazard; (ii) preparing a plan or specification, including carrying out a field investigation; and (iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport. (B) acquiring for, or installing at, a public-use airport— (i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation; (ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices; (iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including closed circuit weather surveillance equipment and fuel infrastructure for such equipment to remove snow if the airport is located in Alaska; (iv) firefighting and rescue equipment at an airport that serves scheduled passenger operations of air carrier aircraft designed for more than 9 passenger seats; (v) aircraft deicing equipment and structures (except aircraft deicing fluids and storage facilities for the equipment and fluids); (vi) interactive training systems; (vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation Administration; (viii) stainless steel adjustable lighting extensions approved by the Administrator; (ix) engineered materials arresting systems as described in the Advisory Circular No. 150/5220–22 published by the Federal Aviation Administration on August 21, 1998, including any revision to the circular; (x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114; and (xi) a medium intensity approach lighting system with runway alignment indicator lights. (C) acquiring an interest in land or airspace, including land for future airport development, that is needed— (i) to carry out airport development described in subclause (A) or (B) of this clause; or (ii) to remove or mitigate an existing airport hazard or prevent or limit the creation of a new airport hazard. (D) acquiring land for, or constructing, a burn area training structure on or off the airport to provide live fire drill training for aircraft rescue and firefighting personnel required to receive the training under regulations the Secretary prescribes, including basic equipment and minimum structures to support the training under standards the Administrator of the Federal Aviation Administration prescribes. (E) relocating an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project approved by the Secretary under this subchapter or under section 40117. (F) constructing, reconstructing, repai...

(a) General Written Assurances.— The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— (1) the airport will be available for public use on reasonable conditions and without unjust discrimination; (2) air carriers making similar use of the airport will be subject to substantially comparable charges— (A) for facilities directly and substantially related to providing air transportation; and (B) regulations and conditions, except for differences based on reasonable classifications, such as between— (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; (3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status; (4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if— (A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and (B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator; (5) fixed-base operators similarly using the airport will be subject to the same charges; (6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any carrier at the airport; (7) the airport and facilities on or connected with the airport will be operated and maintained suitably, with consideration given to climatic and flood conditions; (8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary; (9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards; (10) appropriate action, including the adoption of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations; (11) each of the airport’s facilities developed with financial assistance from the United States Government and each of the airport’s facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in common with other aircraft, except that if the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintaining the facility used; (12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air traffic control or navigation; (13) the airport owner or operator will maintain a schedule of charges for use of facilities and services at the airport— (A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and (B) without including in the rate base used for the charges the Government’s share of costs for any project for which a grant is made under this subchapter or was made under the Federal Airport Act or the Airport and Airway De...

(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 certification of the airport under section 44706; (ii) all the security equipment required by regulation; 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— (i) moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; or (ii) installing security cameras in the public area of the interior and exterior of the terminal; and (C) under terms necessary to protect the interests of the Government. (2) Project in revenue-producing areas and nonrevenue-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),1 the airport 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) Lactation areas.— In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a lactation area (as defined in section 47107(w)) at a commercial service airport. (4) Universal changing stations.— In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a universal changing station (as defined in section 47107(y)) at a commercial service airport. (b) Repaying Borrowed Money.— (1) Terminal development costs incurred after june 30, 1970, and before july 12, 1976.— An amount apportioned under section 47114 and made available to the sponsor of a commercial service airport at which terminal development was carried out after June 30, 1970, and before July 12, 1976, is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under section 47110(d) if they had been incurred after September 3, 1982. (2) Terminal development costs incurred between january 1, 1992, and october 31, 1992.— An amount apportioned under section 47114 and made available to the sponsor of a nonhub airport at which terminal development was carried out between January 1, 1992, and October 31, 1992, is available to repay immediately money borrowed and to pay the costs for such terminal development if those costs would be allowable project costs under section 47110(d). (3) Terminal development costs at primary airports.— An amount apportioned under section 47114 or available under subsection (b)(3) to a primary airport— (A) that was a nonhub airport in the most recent year used to calculate apportionments under section 47114; (B) that is a designated airport under section 47118 in fiscal year 2003; and (C) at which terminal development is carried out between January 2003 and August 2004, is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under subsection (a). (4) Conditions for grant.— An amount is available for a grant under this subsection only if— (A) the sponsor submits the certification r...