§47144 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can give project grants to an airport using funds apportioned under section 47114 or discretionary funds under section 47115 to fix a runway safety area damaged by a natural disaster so the airport meets FAA runway-safety rules, even if the damaged area was originally built with these grant funds. An airport can get the grant only if it is a public-use airport listed in the FAA’s National Plan of Integrated Airport Systems, the runway safety area was damaged by a natural disaster, the airport was denied Stafford Act (42 U.S.C. 5121 et seq.) disaster funding, the airport operator has used up all legal options (including suits against responsible parties or insurers), the runway safety area is still needed for current or soon-to-come air traffic, and the FAA Administrator finds the repair cost reasonable compared to the expected operational benefit.

Title 49, §47144

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation may make project grants under this subchapter to an airport described in subsection (b) from funds under section 47114 apportioned to that airport or funds available for discretionary grants to that airport under section 47115 to conduct airport development to repair the runway safety area of the airport damaged as a result of a natural disaster in order to maintain compliance with the regulations of the Federal Aviation Administration relating to runway safety areas, without regard to whether construction of the runway safety area damaged was carried out using amounts the airport received under this subchapter.

(b)An airport is described in this subsection if—

(1)the airport is a public-use airport;

(2)the airport is listed in the National Plan of Integrated Airport Systems of the Federal Aviation Administration;

(3)the runway safety area of the airport was damaged as a result of a natural disaster;

(4)the airport was denied funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to the disaster;

(5)the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers thereof) whose action or inaction may have contributed to the need for the repair of the runway safety area;

(6)there is still a demonstrated need for the runway safety area to accommodate current or imminent aeronautical demand; and

(7)the cost of repairing or replacing the runway safety area is reasonable in relation to the anticipated operational benefit of repairing the runway safety area, as determined by the Administrator of the Federal Aviation Administration.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables. Codification section 119F(a) of Pub. L. 115–31, which directed amendment of “subchapter I of chapter 471” by adding at the end this section, was executed by adding this section at the end of subchapter I of chapter 471 of this title to reflect the probable intent of Congress.

Amendments

2024—Subsec. (b)(4). Pub. L. 118–63 substituted “(42 U.S.C. 5121 et seq.)” for “(42 U.S.C. 4121 et seq.)”.

§47144 Use of Funds for Repairs for Runway Safety Repairs