Title 49, TransportationRelease 119-110

§44517 Program to Permit Cost Sharing of Air Traffic Modernization Projects

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart iii — safety › CHAPTER 445 — FACILITIES, PERSONNEL, AND RESEARCH › § 44517

Last updated Sep 22, 2026|Official source

Summary

The Secretary can run a grant program that gives money to up to 10 eligible projects each fiscal year to help buy FAA-approved air traffic control equipment and software that improve safety and the movement of air traffic. The federal government can pay no more than 33 percent of a project's cost. The rest must come from non-federal sources, which can include revenues collected under section 40117. No project can get more than $5,000,000 in federal funds. Money for the program must come from amounts appropriated under section 48101(a). An "eligible project" is a purchase of FAA-approved equipment or software that boosts safety, efficiency, or mobility (examples: airport systems, automation tools to increase capacity, or equipment for airspace control and en route tracking). A "project sponsor" is a major user of the national airspace system, like a public-use airport or a joint venture that includes an airport and airlines, as the Secretary decides. With the FAA's agreement, a sponsor may give to the FAA, for free, any grant-assisted equipment that meets FAA operation and maintenance rules. The FAA Administrator must issue advisory guidelines on how to run the program; those guidelines do not have to go through formal federal rulemaking under subchapter II of chapter 5 of title 5.

Full Legal Text

Title 49, §44517

Transportation, Source: USLM XML via OLRC

(a)In General.—
Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation’s air transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.
(b)Federal Share.—
The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.
(c)Limitation on Grant Amounts.—
No eligible project may receive more than $5,000,000 in Federal funds under the program.
(d)Funding.—
The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.
(e)Definitions.—
In this section, the following definitions apply:
(1)Eligible project.—
The term “eligible project” means a project to purchase equipment or software relating to the Nation’s air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—
(A)airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;
(B)automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and
(C)equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
(2)Project sponsor.—
The term “project sponsor” means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.
(f)Transfers of Equipment.—
Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
(g)Guidelines.—
The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an

Effective Date

of 2003 Amendment note under section 106 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 44517

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110