49 U.S.C. § 44706 : US Code - Section 44706: Airport operating certificates

Search 49 U.S.C. § 44706 : US Code - Section 44706: Airport operating certificates

(a) General. - The Administrator of the Federal Aviation
Administration shall issue an airport operating certificate to a
person desiring to operate an airport -
(1) that serves an air carrier operating aircraft designed for
at least 31 passenger seats;
(2) that is not located in the State of Alaska and serves any
scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less than
31 passenger seats; and
(3) that the Administrator requires to have a certificate;
if the Administrator finds, after investigation, that the person
properly and adequately is equipped and able to operate safely
under this part and regulations and standards prescribed under this
part.
(b) Terms. - An airport operating certificate issued under this
section shall contain terms necessary to ensure safety in air
transportation. Unless the Administrator decides that it is not in
the public interest, the terms shall include conditions related to -

(1) operating and maintaining adequate safety equipment,
including firefighting and rescue equipment capable of rapid
access to any part of the airport used for landing, takeoff, or
surface maneuvering of an aircraft; and
(2) friction treatment for primary and secondary runways that
the Secretary of Transportation decides is necessary.
(c) Exemptions. - The Administrator may exempt from the
requirements of this section, related to firefighting and rescue
equipment, an operator of an airport described in subsection (a) of
this section having less than .25 percent of the total number of
passenger boardings each year at all airports described in
subsection (a) when the Administrator decides that the requirements
are or would be unreasonably costly, burdensome, or impractical.
(d) Commuter Airports. - In developing the terms required by
subsection (b) for airports covered by subsection (a)(2), the
Administrator shall identify and consider a reasonable number of
regulatory alternatives and select from such alternatives the least
costly, most cost-effective or the least burdensome alternative
that will provide comparable safety at airports described in
subsections (a)(1) and (a)(2).
(e) Effective Date. - Any regulation establishing the terms
required by subsection (b) for airports covered by subsection
(a)(2) shall not take effect until such regulation, and a report on
the economic impact of the regulation on air service to the
airports covered by the rule, has been submitted to Congress and
120 days have elapsed following the date of such submission.
(f) Limitation on Statutory Construction. - Nothing in this title
may be construed as requiring a person to obtain an airport
operating certificate if such person does not desire to operate an
airport described in subsection (a).