§47129 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must decide if an airport fee is reasonable when the airport owner asks for a review or when an affected airline files a written complaint within 60 days after getting notice of a new or higher fee. The fee can be based on either compensatory or residual methods or both. The Secretary only decides whether the fee is reasonable or not and does not set the fee amount. The Secretary had to publish rules and standards for doing this not later than 90 days after August 23, 1994. When an airline files a complaint, the Secretary must issue a final order within 120 days. The Secretary has 30 days to dismiss the complaint if there is no real dispute or to send it to an administrative law judge. That judge must give a recommended decision within 60 days. If the Secretary does not issue a final order by 120 days, the judge’s decision becomes final. The airline must pay the disputed fee to the airport under protest, and any money due back must be refunded or credited within 30 days of the final order. To ensure repayment, the airport must provide a letter of credit, bond, or similar surety equal to the disputed amount plus interest within 20 days of the complaint; that credit must stay in place for 30 days after the earlier of 120 days or a timely final order. While a complaint is pending and the airline follows these rules, the airport may not cut off reasonable access or interfere with the airline’s prices, routes, or services. The law does not cover fees set by written agreements with carriers, financing deals made before August 23, 1994, or fees not in dispute as of that date. A “fee” means a rate, rental, landing fee, or other charge for using airport facilities.

Title 49, §47129

Transportation — Source: USLM XML via OLRC

(a)(1)The Secretary of Transportation shall issue a determination as to whether a fee imposed upon one or more air carriers or foreign air carriers (as those terms are defined in section 40102) by the owner or operator of an airport is reasonable if—

(A)a written request for such determination is filed with the Secretary by such owner or operator; or

(B)a written complaint requesting such determination is filed with the Secretary by an affected air carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee.

(2)A fee subject to a determination of reasonableness under this section may be calculated pursuant to either a compensatory or residual fee methodology or any combination thereof.

(3)In determining whether a fee is reasonable under this section, the Secretary may only determine whether the fee is reasonable or unreasonable and shall not set the level of the fee.

(4)In evaluating the reasonableness of a fee imposed by an airport receiving an exemption under section 47134 of this title, the Secretary shall consider whether the airport has complied with section 47134(c)(4).

(b)Not later than 90 days after August 23, 1994, the Secretary shall publish in the Federal Register final regulations, policy statements, or guidelines establishing—

(1)the procedures for acting upon any written request or complaint filed under subsection (a)(1); and

(2)the standards or guidelines that shall be used by the Secretary in determining under this section whether an airport fee is reasonable.

(c)The final regulations, policy statements, or guidelines required in subsection (b) shall provide the following:

(1)Not more than 120 days after an air carrier or foreign air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary shall issue a final order determining whether such fee is reasonable.

(2)Within 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge; and thereafter the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary to ensure an orderly disposition of the matter within the 120-day period and any specifically applicable provisions of this section.

(3)The administrative law judge shall issue a recommended decision within 60 days after the complaint is assigned or within such shorter period as the Secretary may specify.

(4)If the Secretary, upon the expiration of 120 days after the filing of the complaint, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.

(5)Any party to the dispute may seek review of a final order of the Secretary under this subsection in the Circuit Court of Appeals for the District of Columbia Circuit or the court of appeals in the circuit where the airport which gives rise to the written complaint is located.

(6)Any findings of fact in a final order of the Secretary under this subsection, if supported by substantial evidence, shall be conclusive if challenged in a court pursuant to this subsection. No objection to such a final order shall be considered by the court unless objection was urged before an administrative law judge or the Secretary at a proceeding under this subsection or, if not so urged, unless there were reasonable grounds for failure to do so.

(d)(1)(A)Any fee increase or newly established fee which is the subject of a complaint that is not dismissed by the Secretary shall be paid by the complainant air carrier or foreign air carrier to the airport under protest.

(B)Any amounts paid under this subsection by a complainant air carrier or foreign air carrier to the airport under protest shall be subject to refund or credit to the air carrier or foreign air carrier in accordance with directions in the final order of the Secretary within 30 days of such order.

(C)In order to assure the timely repayment, with interest, of amounts in dispute determined not to be reasonable by the Secretary, the airport shall obtain a letter of credit, or surety bond, or other suitable credit facility, equal to the amount in dispute that is due during the 120-day period established by this section, plus interest, unless the airport and the complainant air carrier or foreign air carrier agree otherwise.

(D)The letter of credit, or surety bond, or other suitable credit facility shall be provided to the Secretary within 20 days of the filing of the complaint and shall remain in effect for 30 days after the earlier of 120 days or the issuance of a timely final order by the Secretary determining whether such fee is reasonable.

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

(e)This section does not apply to—

(1)a fee imposed pursuant to a written agreement with air carriers or foreign air carriers using the facilities of an airport;

(2)a fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994; or

(3)any other existing fee not in dispute as of August 23, 1994.

(f)Nothing in this section shall adversely affect—

(1)the rights of any party under any existing written agreement between an air carrier or foreign air carrier and the owner or operator of an airport; or

(2)the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994.

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

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 104–287, § 5(85)(A)This amends 49:47129(a)(1) to conform to the style of title 49. Pub. L. 104–287, § 5(85)(B) and (C)These set out the date of enactment of 49:47129.

Editorial Notes

Prior Provisions

A prior section 47129 was renumbered section 47131 of this title and was subsequently repealed.

Amendments

2012—Pub. L. 112–95, § 148(a)(1), substituted “Resolution of disputes concerning airport fees” for “Resolution of airport-air carrier disputes concerning airport fees” in section catchline. Subsec. (a)(1). Pub. L. 112–95, § 148(a)(6), (7), substituted “air carriers or foreign air carriers” for “air carriers” and “(as those terms are defined in section 40102)” for “(as defined in section 40102 of this title)” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”. Subsec. (c)(1). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”. Subsec. (d). Pub. L. 112–95, § 148(a)(2), inserted “and Foreign Air Carrier” after “Carrier” in heading. Subsec. (d)(1)(A) to (C). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier” wherever appearing. Subsec. (d)(2). Pub. L. 112–95, § 148(a)(3)–(5), inserted “and foreign air carrier” after “carrier” in heading and, in text, substituted “air carrier’s or foreign air carrier’s” for “air carrier’s” in two places and “air carrier or foreign air carrier” for “air carrier”. Subsec. (e)(1). Pub. L. 112–95, § 148(a)(6), substituted “air carriers or foreign air carriers” for “air carriers”. Subsec. (f)(1). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”. 1996—Subsec. (a)(1). Pub. L. 104–287, § 5(85)(A), substituted “of this title” for “of this subtitle” in introductory provisions. Subsec. (a)(4). Pub. L. 104–264 added par. (4). Subsecs. (b), (e)(2). Pub. L. 104–287, § 5(85)(B), substituted “

August 23, 1994” for “the date of the enactment of this section”. Subsec. (e)(3). Pub. L. 104–287, § 5(85)(C), substituted “

August 23, 1994” for “such date of enactment”. Subsec. (f)(2). Pub. L. 104–287, § 5(85)(B), substituted “

August 23, 1994” for “the date of the enactment of this section”.

Statutory Notes and Related Subsidiaries

Effective Date

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

§47129 Resolution of disputes concerning airport fees