FAA Reauthorization Act of 2018
October 2018
https://www.congress.gov/115/plaws/publ254/PLAW-115publ254.pdf
Subtitle D—Airport Noise and Environmental Streamlining
Sec. 171. Funding eligibility for airport energy efficiency assessments.
Sec. 172. Authorization of certain flights by stage 2 aircraft.
Sec. 173. Alternative airplane noise metric evaluation deadline.
Sec. 174. Updating airport noise exposure maps.
Sec. 175. Addressing community noise concerns.
Sec. 176. Community involvement in FAA NextGen projects located in metroplexes.
Sec. 177. Lead emissions.
Sec. 178. Terminal sequencing and spacing.
Sec. 179. Airport noise mitigation and safety study.
Sec. 180. Regional ombudsmen.
Sec. 181. FAA leadership on civil supersonic aircraft.
Sec. 182. Mandatory use of the New York North Shore Helicopter Route.
Sec. 183. State standards for airport pavements.
Sec. 184. Eligibility of pilot program airports.
Sec. 185. Grandfathering of certain deed agreements granting through-the-fence access to general aviation airports.
Sec. 186. Stage 3 aircraft study.
Sec. 187. Aircraft noise exposure.
Sec. 188. Study regarding day-night average sound levels.
Sec. 189. Study on potential health and economic impacts of overflight noise.
Sec. 190. Environmental mitigation pilot program.
Sec. 191. Extending aviation development streamlining.
Sec. 192. Zero-emission vehicles and technology.
SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY ASSESSMENTS.
(a) COST REIMBURSEMENTS.—Section 47140(a) of title 49, United States Code, as so redesignated, is amended by striking ‘‘airport.’’ and inserting ‘‘airport, and to reimburse the airport sponsor for the costs incurred in conducting the assessment.’’.
(b) SAFETY PRIORITY.—Section 47140(b)(2) of title 49, United States Code, as so redesignated, is amended by inserting ‘‘, including a certification that no safety projects are being be deferred by requesting a grant under this section,’’ after ‘‘an application’’.
SEC. 172. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 AIR- CRAFT.
(a) IN GENERAL.—Notwithstanding chapter 475 of title 49, United States Code, not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a pilot program to permit an operator of a stage 2 aircraft to operate that aircraft in nonrevenue service into not more than 4 medium hub airports or nonhub airports if—
(1) the airport—
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that—
(i) is longer than 8,000 feet and not less than 200 feet wide; and
(ii) is load bearing with a pavement classification number of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft.
(b) TERMINATION.—The pilot program shall terminate on the earlier of—
(1) the date that is 10 years after the date of the enactment
of this Act; or
(2) the date on which the Administrator determines that no stage 2 aircraft remain in service.
(c) DEFINITIONS.—In this section:
(1) MEDIUM HUB AIRPORT; NONHUB AIRPORT.—The terms ‘‘medium hub airport’’ and ‘‘nonhub airport’’ have the meanings given those terms in section 40102 of title 49, United States Code.
(2) STAGE 2 AIRCRAFT.—The term ‘‘stage 2 aircraft’’ has the meaning given the term ‘‘stage 2 airplane’’ in section 91.851 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).
SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION DEADLINE.
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall complete the ongoing evaluation of alternative metrics to the current Day Night Level (DNL) 65 standard.
SEC. 174. UPDATING AIRPORT NOISE EXPOSURE MAPS.
Section 47503(b) of title 49, United States Code, is amended to read as follows:
‘‘(b) REVISED MAPS.—
‘‘(1) IN GENERAL.—An airport operator that submits a noise
exposure map under subsection (a) shall submit a revised map to the Secretary if, in an area surrounding an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce noise over existing noncompatible uses, that is not reflected in either the existing conditions map or forecast map currently on file with the Federal Aviation Administration.
‘‘(2) TIMING.—A submission under paragraph (1) shall be required only if the relevant change in the operation of the airport occurs during—
‘‘(A) the forecast period of the applicable noise exposure map submitted by an airport operator under subsection (a); or
‘‘(B) the implementation period of the airport operator’s noise compatibility program.’’.
SEC. 175. ADDRESSING COMMUNITY NOISE CONCERNS.
When proposing a new area navigation departure procedure, or amending an existing procedure that would direct aircraft between the surface and 6,000 feet above ground level over noise sensitive areas, the Administrator of the Federal Aviation Adminis- tration shall consider the feasibility of dispersal headings or other lateral track variations to address community noise concerns, if—
(1) the affected airport operator, in consultation with the affected community, submits a request to the Administrator for such a consideration;
(2) the airport operator’s request would not, in the judg- ment of the Administrator, conflict with the safe and efficient operation of the national airspace system; and
(3) the effect of a modified departure procedure would not significantly increase noise over noise sensitive areas, as determined by the Administrator.
SEC. 176. COMMUNITY INVOLVEMENT IN FAA NEXTGEN PROJECTS LOCATED IN METROPLEXES.
(a) COMMUNITY INVOLVEMENT POLICY.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall complete a review of the Federal Aviation Administration’s community involvement practices for Next Generation Air Transportation System (NextGen) projects located in metroplexes identified by the Administration. The review shall include, at a minimum, a determination of how and when to engage airports and communities in performance-based naviga- tion proposals.
(b) REPORT.—Not later than 60 days after completion of the review, the Administrator shall submit to the appropriate commit- tees of Congress a report on—
(1) how the Administration will improve community involvement practices for NextGen projects located in metroplexes;
(2) how and when the Administration will engage airports and communities in performance-based navigation proposals; and
(3) lessons learned from NextGen projects and pilot pro- grams and how those lessons learned are being integrated into community involvement practices for future NextGen projects located in metroplexes.
SEC. 177. LEAD EMISSIONS.
(a) STUDY.—The Secretary of Transportation shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Research Council will study aviation gasoline.
(b) CONTENTS.—The study shall include an assessment of— (1) existing non-leaded fuel alternatives to the aviation gasoline used by piston-powered general aviation aircraft;
(2) ambient lead concentrations at and around airports where piston-powered general aviation aircraft are used; and (3) mitigation measures to reduce ambient lead concentra- tions, including increasing the size of run-up areas, relocating run-up areas, imposing restrictions on aircraft using aviation gasoline, and increasing the use of motor gasoline in piston powered general aviation aircraft.
(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress the study developed by the National Research Council pursuant to this section.
SEC. 178. TERMINAL SEQUENCING AND SPACING.
Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall provide a briefing to the appropriate committees of Congress on the status of Terminal Sequencing and Spacing (TSAS) implementa- tion across all completed NextGen metroplexes with specific information provided by airline regarding the adoption and equip- ping of aircraft and the training of pilots in its use.
SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY.
(a) STUDY.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administra- tion shall initiate a study to review and evaluate existing studies and analyses of the relationship between jet aircraft approach and takeoff speeds and corresponding noise impacts on communities surrounding airports.
(b) CONSIDERATIONS.—In conducting the study initiated under subsection (a), the Administrator shall determine—
(1) whether a decrease in jet aircraft approach or takeoff speeds results in significant aircraft noise reductions;
(2) whether the jet aircraft approach or takeoff speed reduc- tion necessary to achieve significant noise reductions—
(A) jeopardizes aviation safety; or
(B) decreases the efficiency of the National Airspace System, including lowering airport capacity, increasing travel times, or increasing fuel burn;
(3) the advisability of using jet aircraft approach or takeoff speeds as a noise mitigation technique; and
(4) if the Administrator determines that using jet aircraft approach or takeoff speeds as a noise mitigation technique is advisable, whether any of the metropolitan areas specifically identified in section 189(b)(2) would benefit from such a noise mitigation technique without a significant impact to aviation safety or the efficiency of the National Airspace System.
(c) REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study initiated under subsection (a).
SEC. 180. REGIONAL OMBUDSMEN.
(a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, with respect to each region of the Federal Aviation Administration, the Regional Administrator for that region shall designate an individual to be the Regional Ombudsman for the region.
(b) REQUIREMENTS.—Each Regional Ombudsman shall—
(1) serve as a regional liaison with the public, including community groups, on issues regarding aircraft noise, pollution, and safety;
(2) make recommendations to the Administrator for the region to address concerns raised by the public and improve the consideration of public comments in decision-making proc- esses; and
(3) be consulted on proposed changes in aircraft operations affecting the region, including arrival and departure routes, in order to minimize environmental impacts, including noise.
SEC. 181. FAA LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.
(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft.
(b) EXERCISE OF LEADERSHIP.—In carrying out subsection (a), the Administrator shall—
(1) consider the needs of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe commercial deployment of civil supersonic aircraft technology and the safe and efficient operation of civil supersonic aircraft; and
(2) obtain the input of aerospace industry stakeholders regarding—
(A) the appropriate regulatory framework and timeline for permitting the safe and efficient operation of civil super- sonic aircraft within United States airspace, including updating or modifying existing regulations on such operation;
(B) issues related to standards and regulations for the type certification and safe operation of civil supersonic aircraft, including noise certification, including—
(i) the operational differences between subsonic aircraft and supersonic aircraft;
(ii) costs and benefits associated with landing and takeoff noise requirements for civil supersonic aircraft, including impacts on aircraft emissions;
(iii) public and economic benefits of the operation of civil supersonic aircraft and associated aerospace industry activity; and
(iv) challenges relating to ensuring that standards and regulations aimed at relieving and protecting the public health and welfare from aircraft noise and sonic booms are economically reasonable, technologically practicable, and appropriate for civil supersonic air- craft; and
(C) other issues identified by the Administrator or
the aerospace industry that must be addressed to enable the safe commercial deployment and safe and efficient operation of civil supersonic aircraft.
(c) INTERNATIONAL LEADERSHIP.—The Administrator, in the appropriate international forums, shall take actions that—
(1) demonstrate global leadership under subsection (a);
(2) address the needs of the aerospace industry identified under subsection (b); and
(3) protect the public health and welfare.
(d) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report detailing—
(1) the Administrator’s actions to exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft;
(2) planned, proposed, and anticipated actions to update or modify existing policies and regulations related to civil super- sonic aircraft, including those identified as a result of industry consultation and feedback; and
(3) a timeline for any actions to be taken to update or modify existing policies and regulations related to civil super- sonic aircraft.
(e) LONG-TERM REGULATORY REFORM.—
(1) NOISE STANDARDS.—Not later than March 31, 2020, the Administrator shall issue a notice of proposed rulemaking to revise part 36 of title 14, Code of Federal Regulations, to include supersonic aircraft in the applicability of such part. The proposed rule shall include necessary definitions, noise standards for landing and takeoff, and noise test requirements that would apply to a civil supersonic aircraft.
(2) SPECIAL FLIGHT AUTHORIZATIONS.—Not later than December 31, 2019, the Administrator shall issue a notice of proposed rulemaking to revise appendix B of part 91 of title 14, Code of Federal Regulations, to modernize the applica- tion process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule.
(f) NEAR-TERM CERTIFICATION OF SUPERSONIC CIVIL AIRCRAFT.—
(1) IN GENERAL.—If a person submits an application
requesting type certification of a civil supersonic aircraft pursu- ant to part 21 of title 14, Code of Federal Regulations, before the Administrator promulgates a final rule amending part 36 of title 14, Code of Federal Regulations, in accordance with subsection (e)(1), the Administrator shall, not later than 18 months after having received such application, issue a notice of proposed rulemaking applicable solely for the type certifi- cation, inclusive of the aircraft engines, of the supersonic air- craft design for which such application was made.
(2) CONTENTS.—A notice of proposed rulemaking described in paragraph (1) shall—
(A) address safe operation of the aircraft type, including development and flight testing prior to type certification;
(B) address manufacturing of the aircraft;
(C) address continuing airworthiness of the aircraft; (D) specify landing and takeoff noise standards for that aircraft type that the Administrator considers appropriate, practicable, and consistent with section 44715 of title 49, United States Code; and
(E) consider differences between subsonic and super- sonic aircraft including differences in thrust requirements at equivalent gross weight, engine requirements, aero- dynamic characteristics, operational characteristics, and other physical properties.
(3) NOISE AND PERFORMANCE DATA.—The requirement of
the Administrator to issue a notice of proposed rulemaking under paragraph (1) shall apply only if an application contains sufficient aircraft noise and performance data as the Adminis- trator finds necessary to determine appropriate noise standards and operating limitations for the aircraft type consistent with section 44715 of title 49, United States Code.
(4) FINAL RULE.—Not later than 18 months after the end of the public comment period provided in the notice of proposed rulemaking required under paragraph (1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model submitted for type certification.
(5) REVIEW OF RULES OF CIVIL SUPERSONIC FLIGHTS.—Begin- ning December 31, 2020, and every 2 years thereafter, the Administrator shall review available aircraft noise and perform- ance data, and consult with heads of appropriate Federal agen- cies, to determine whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code of Federal Regulations, may be amended, consistent with section 44715 of title 49, United States Code, to permit supersonic flight of civil aircraft over land in the United States.
(6) IMPLEMENTATION OF NOISE STANDARDS.—The portion of the regulation issued by the Administrator of the Federal Aviation Administration titled ‘‘Revision of General Operating and Flight Rules’’ and published in the Federal Register on August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of civil aircraft at a true flight Mach number greater than 1 shall have no force or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule specifying sonic boom noise standards for civil supersonic aircraft.
SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE HELI- COPTER ROUTE.
(a) PUBLIC COMMENT PERIOD.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall provide notice of, and an opportunity for, at least 60 days of public comment with respect to the regulations in subpart H of part 93 of title 14, Code of Federal Regulations.
(2) TIMING.—The public comment period required under paragraph (1) shall begin not later than 30 days after the date of enactment of this Act.
(b) PUBLIC HEARING.—Not later than 30 days after the date
of enactment of this Act, the Administrator shall hold a public hearing in the communities impacted by the regulations described in subsection (a)(1) to solicit feedback with respect to the regula- tions.
(c) REVIEW.—Not later than 30 days after the date of enactment of this Act, the Administrator shall initiate a review of the regula- tions described in subsection (a)(1) that assesses the—
(1) noise impacts of the regulations for communities, including communities in locations where aircraft are transitioning to or from a destination or point of landing;
(2) enforcement of applicable flight standards, including requirements for helicopters operating on the relevant route to remain at or above 2,500 feet mean sea level; and
(3) availability of alternative or supplemental routes to reduce the noise impacts of the regulations, including the institution of an all water route over the Atlantic Ocean.
SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS.
Section 47105(c) of title 49, United States Code, is amended— (1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘The Secretary’’ the first place it appears; and
(2) by adding at the end the following: ‘‘(2) PAVEMENT STANDARDS.—
‘‘(A) TECHNICAL ASSISTANCE.—At the request of a State, the Secretary shall, not later than 30 days after the date of the request, provide technical assistance to the State in developing standards, acceptable to the Secretary under subparagraph (B), for pavement on nonprimary public-use airports in the State.
‘‘(B) REQUIREMENTS.—The Secretary shall—
‘‘(i) continue to provide technical assistance under subparagraph (A) until the standards are approved
under paragraph (1); and
‘‘(ii) clearly indicate to the State the standards
that are acceptable to the Secretary, considering, at a minimum, local conditions and locally available mate- rials.’’.
SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS.
(a) DISCRETIONARY FUND.—Section 47115 of title 49, United States Code, is further amended by adding at the end the following:
‘‘(k) PARTNERSHIP PROGRAM AIRPORTS.—
‘‘(1) AUTHORITY.—The Secretary may make grants with
funds made available under this section for an airport partici- pating in the program under section 47134 if—
‘‘(A) the Secretary has approved the application of an airport sponsor under section 47134(b) in fiscal year 2019; and
‘‘(B) the grant will—
‘‘(i) satisfy an obligation incurred by an airport
sponsor under section 47110(e) or funded by a non- public sponsor for an airport development project on the airport; or
‘‘(ii) provide partial Federal reimbursement for air- port development (as defined in section 47102) on the airport layout plan initiated in the fiscal year in which the application was approved, or later, for over a period of not more than 10 years.
‘‘(2) NONAPPLICABILITY OF CERTAIN SECTIONS.—Grants made under this subsection shall not be subject to—
‘‘(A) subsection (c) of this section;
‘‘(B) section 47117(e); or
‘‘(C) any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.’’.
(b) ALLOWABLE PROJECT COSTS; LETTERS OF INTENT.—Section
47110(e) of such title is amended by adding at the end the following: ‘‘(7) PARTNERSHIP PROGRAM AIRPORTS.—The Secretary may issue a letter of intent under this section to an airport sponsor with an approved application under section 47134(b) if—
‘‘(A) the application was approved in fiscal year 2019; and ‘‘(B) the project meets all other requirements set forth in this chapter.’’.
SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.
Section 47107(s) of title 49, United States Code, is amended by adding at the end the following:
‘‘(3) EXEMPTION.—The terms and conditions of paragraph (2) shall not apply to an agreement described in paragraph (1) made before the enactment of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) that the Secretary determines does not comply with such terms and conditions but involves property that is subject to deed or lease restrictions that are considered perpetual and that cannot readily be brought into compliance. However, if the Secretary determines that the airport sponsor and residential property owners are able to make any modification to such an agreement on or after the date of enactment of this paragraph, the exemption provided by this paragraph shall no longer apply.’’.
SEC. 186. STAGE 3 AIRCRAFT STUDY.
(a) STUDY.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the potential benefits, costs, and other impacts that would result from a phaseout of covered stage 3 aircraft.
(b) CONTENTS.—The review shall include—
(1) a determination of the number, types, frequency of
operations, and owners and operators of covered stage 3 air- craft;
(2) an analysis of the potential benefits, costs, and other impacts to air carriers, general aviation operators, airports, communities surrounding airports, and the general public asso- ciated with phasing out or reducing the operations of covered stage 3 aircraft, assuming such a phaseout or reduction is put into effect over a reasonable period of time;
(3) a determination of lessons learned from the phaseout of stage 2 aircraft that might be applicable to a phaseout or reduction in the operations of covered stage 3 aircraft, including comparisons between the benefits, costs, and other impacts associated with the phaseout of stage 2 aircraft and the potential benefits, costs, and other impacts determined under paragraph (2);
(4) a determination of the costs and logistical challenges associated with recertifying stage 3 aircraft capable of meeting stage 4 noise levels; and
(5) a determination of stakeholder views on the feasibility and desirability of phasing out covered stage 3 aircraft, including the views of—
(A) air carriers;
(B) airports;
(C) communities surrounding airports;
(D) aircraft and avionics manufacturers;
(E) operators of covered stage 3 aircraft other than air carriers; and
(F) such other stakeholders and aviation experts as the Comptroller General considers appropriate.
(c) REPORT.—Not later than 18 months after the date of enact- ment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the review.
(d) COVERED STAGE 3 AIRCRAFT DEFINED.—In this section, the term ‘‘covered stage 3 aircraft’’ means a civil subsonic jet aircraft that is not capable of meeting the stage 4 noise levels in part 36 of title 14, Code of Federal Regulations.
SEC. 187. AIRCRAFT NOISE EXPOSURE.
(a) REVIEW.—The Administrator of the Federal Aviation Administration shall conclude the Administrator’s ongoing review of the relationship between aircraft noise exposure and its effects on communities around airports.
(b) REPORT.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review.
(2) PRELIMINARY RECOMMENDATIONS.—The report shall con- tain such preliminary recommendations as the Administrator determines appropriate for revising the land use compatibility guidelines in part 150 of title 14, Code of Federal Regulations, based on the results of the review and in coordination with other agencies.
SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS.
(a) STUDY.—The Administrator of the Federal Aviation Administration shall evaluate alternative metrics to the current average day-night level standard, such as the use of actual noise sampling and other methods, to address community airplane noise concerns.
(b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a).
SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF OVERFLIGHT NOISE.
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an agreement with an eligible institution of higher education to conduct a study on the health impacts of noise from aircraft flights on residents exposed to a range of noise levels from such flights.
(b) SCOPE OF STUDY.—The study conducted under subsection (a) shall—
(1) include an examination of the incremental health impacts attributable to noise exposure that result from aircraft flights, including sleep disturbance and elevated blood pressure;
(2) be focused on residents in the metropolitan area of— (A) Boston;
(B) Chicago;
(C) the District of Columbia;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
(H) Seattle; or
(I) such other area as may be identified by the Administrator;
(3) consider, in particular, the incremental health impacts on residents living partly or wholly underneath flight paths most frequently used by aircraft flying at an altitude lower than 10,000 feet, including during takeoff or landing;
(4) include an assessment of the relationship between a perceived increase in aircraft noise, including as a result of a change in flight paths that increases the visibility of aircraft from a certain location, and an actual increase in aircraft noise, particularly in areas with high or variable levels of nonaircraft-related ambient noise; and
(5) consider the economic harm or benefits to businesses located party or wholly underneath flight paths most frequently used by aircraft flying at an altitude lower than 10,000 feet, including during takeoff or landing.
(c) ELIGIBILITY.—An institution of higher education is eligible to conduct the study if the institution— (1) has—
(A) a school of public health that has participated in the Center of Excellence for Aircraft Noise and Aviation Emissions Mitigation of the Federal Aviation Administration; or
(B) a center for environmental health that receives funding from the National Institute of Environmental Health Sciences;
(2) is located in one of the areas identified in subsection (b);
(3) applies to the Administrator in a timely fashion;
(4) demonstrates to the satisfaction of the Administrator that the institution is qualified to conduct the study;
(5) agrees to submit to the Administrator, not later than 3 years after entering into an agreement under subsection (a), the results of the study, including any source materials used; and
(6) meets such other requirements as the Administrator determines necessary.
(d) SUBMISSION OF STUDY.—Not later than 90 days after the Administrator receives the results of the study, the Administrator shall submit to the appropriate committees of Congress the study and a summary of the results.
SEC. 190. ENVIRONMENTAL MITIGATION PILOT PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation may carry out a pilot program involving not more than 6 projects at public- use airports in accordance with this section.
(b) GRANTS.—In carrying out the program, the Secretary may make grants to sponsors of public-use airports from funds appor- tioned under section 47117(e)(1)(A) of title 49, United States Code.
(c) USE OF FUNDS.—Amounts from a grant received by the sponsor of a public-use airport under the program shall be used for environmental mitigation projects that will measurably reduce or mitigate aviation impacts on noise, air quality, or water quality at the airport or within 5 miles of the airport.
(d) ELIGIBILITY.—Notwithstanding any other provision of chapter 471 of title 49, United States Code, an environmental mitigation project approved under this section shall be treated as eligible for assistance under that chapter.
(e) SELECTION CRITERIA.—In selecting from among applicants for participation in the program, the Secretary may give priority consideration to projects that—
(1) will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of funds expended basis; and
(2) will be implemented by an eligible consortium.
(f) FEDERAL SHARE.—The Federal share of the cost of a project
carried out under the program shall be 50 percent.
(g) MAXIMUM AMOUNT.—Not more than $2,500,000 may be made available by the Secretary in grants under the program for any single project.
(h) IDENTIFYING BEST PRACTICES.—The Secretary may establish and publish information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, and water quality at airports or in the vicinity of airports based on the projects carried out under the program.
(i) SUNSET.—The program shall terminate 5 years after the Secretary makes the first grant under the program.
(j) DEFINITIONS.—In this section, the following definitions apply:
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible consortium’’ means a consortium that is composed of 2 or more of the following entities:
(A) Businesses incorporated in the United States.
(B) Public or private educational or research organiza- tions located in the United States.
(C) Entities of State or local governments in the United States.
(D) Federal laboratories.
(2) ENVIRONMENTAL MITIGATION PROJECT.—The term
‘‘environmental mitigation project’’ means a project that—
(A) introduces new environmental mitigation techniques or technologies that have been proven in laboratory demonstrations;
(B) proposes methods for efficient adaptation or integration of new concepts into airport operations; and (C) will demonstrate whether new techniques or technologies for environmental mitigation are—
(i) practical to implement at or near multiple public-use airports; and
(ii) capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts.
(k) AUTHORIZATION FOR THE TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may accept funds from the Secretary of Defense to increase the authorized funding for this section by the amount of such transfer only to carry out projects designed for environmental mitigation at a site previously, but not currently, managed by the Department of Defense.
(2) ADDITIONAL GRANTEES.—If additional funds are made available by the Secretary of Defense under paragraph (1), the Administrator may increase the number of grantees under subsection (a).
SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING.
(a) IN GENERAL.—Section 47171 of title 49, United States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph (1), by inserting ‘‘general aviation airport construction or improvement projects,’’ after ‘‘congested airports,’’;
(2) in subsection (b)—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
‘‘(2) GENERAL AVIATION AIRPORT CONSTRUCTION OR IMPROVEMENT PROJECT.—A general aviation airport construc- tion or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.’’;
(3) in subsection (c)(1), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘subsection (b)(3)’’;
(4) in subsection (d), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘subsection (b)(3)’’;
(5) in subsection (h), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘subsection (b)(3)’’; and
(6) in subsection (k), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘subsection (b)(3)’’.
(b) DEFINITIONS.—Section 47175 of title 49, United States Code, is amended by adding at the end the following:
‘‘(8) GENERAL AVIATION AIRPORT CONSTRUCTION OR IMPROVEMENT PROJECT.—The term ‘general aviation airport construction or improvement project’ means—
‘‘(A) a project for the construction or extension of a runway, including any land acquisition, helipad, taxiway, safety area, apron, or navigational aids associated with the runway or runway extension, at a general aviation airport, a reliever airport, or a commercial service airport that is not a primary airport (as such terms are defined in section 47102); and
‘‘(B) any other airport development project that the Secretary designates as facilitating aviation capacity building projects at a general aviation airport.’’.
SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY.
(a) IN GENERAL.—Section 47136 of title 49, United States Code, as so redesignated, is amended—
(1) by striking subsections (a) and (b) and inserting the following:
‘‘(a) IN GENERAL.—The Secretary of Transportation may establish a pilot program under which the sponsors of public-use airports may use funds made available under this chapter or section 48103 for use at such airports to carry out—
‘‘(1) activities associated with the acquisition, by purchase or lease, and operation of eligible zero-emission vehicles and equipment, including removable power sources for such vehicles; and
‘‘(2) the construction or modification of infrastructure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles.
‘‘(b) ELIGIBILITY.—A public-use airport is eligible for participation in the program if the eligible vehicles or equipment are— ‘‘(1) used exclusively on airport property; or
‘‘(2) used exclusively to transport passengers and employees between the airport and—
‘‘(A) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or ‘‘(B) an intermodal surface transportation facility adja- cent to the airport.’’;
(2) by striking subsections (d) through (f) and inserting the following:
‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project carried out under the program shall be the Federal share specified in section 47109.
‘‘(e) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The sponsor of a public-use airport may use not more than 10 percent of the amounts made available to the sponsor under the program in any fiscal year for—
‘‘(A) technical assistance; and
‘‘(B) project management support to assist the airport with the solicitation, acquisition, and deployment of zero-emission vehicles, related equipment, and supporting infra- structure.
‘‘(2) PROVIDERS OF TECHNICAL ASSISTANCE.—To receive the technical assistance or project management support described in paragraph (1), participants in the program may use—
‘‘(A) a nonprofit organization selected by the Secretary; or
‘‘(B) a university transportation center receiving grants under section 5505 in the region of the airport.
‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The Secretary may create and make available materials identifying best practices for carrying out activities funded under the program based on previous related projects and other sources.
‘‘(g) ALLOWABLE PROJECT COST.—The allowable project cost for the acquisition of a zero-emission vehicle shall be the total cost of purchasing or leasing the vehicle, including the cost of technical assistance or project management support described in subsection (e).
‘‘(h) FLEXIBLE PROCUREMENT.—A sponsor of a public-use airport may use funds made available under the program to acquire, by purchase or lease, a zero-emission vehicle and a removable power source in separate transactions, including transactions by which the airport purchases the vehicle and leases the removable power source.
‘‘(i) TESTING REQUIRED.—
‘‘(1) IN GENERAL.—A sponsor of a public-use airport may not use funds made available under the program to acquire a zero-emission vehicle unless that make, model, or type of vehicle has been tested by a Federal vehicle testing facility acceptable to the Secretary.
‘‘(2) PENALTIES FOR FALSE STATEMENTS.—A certification of compliance under paragraph (1) shall be considered a certifi- cation required under this subchapter for purposes of section 47126.
‘‘(j) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) ELIGIBLE ZERO-EMISSION VEHICLE AND EQUIPMENT.— The term ‘eligible zero-emission vehicle and equipment’ means a zero-emission vehicle, equipment related to such a vehicle, or ground support equipment that includes zero-emission tech- nology that is—
‘‘(A) used exclusively on airport property; or
‘‘(B) used exclusively to transport passengers and employees between the airport and—
‘‘(i) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
‘‘(ii) an intermodal surface transportation facility adjacent to the airport.
‘‘(2) REMOVABLE POWER SOURCE.—The term ‘removable power source’ means a power source that is separately installed in, and removable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-capacitor, or other power source used in a zero-emission vehicle.
‘‘(3) ZERO-EMISSION VEHICLE.—The term ‘zero-emission vehicle’ means—
‘‘(A) a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or
‘‘(B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any possible operational modes and conditions.’’.
(b) SPECIAL APPORTIONMENT CATEGORIES.—Section 47117(e)(1)(A) of title 49, United States Code, is amended by inserting ‘‘for airport development described in section 47102(3)(Q),’’ after ‘‘under section 47141,’’.
(c) DEPLOYMENT OF ZERO EMISSION VEHICLE TECHNOLOGY.— (1) ESTABLISHMENT.—The Secretary of Transportation may establish a zero-emission airport technology program—
(A) to facilitate the deployment of commercially viable zero-emission airport vehicles, technology, and related infrastructure; and
(B) to minimize the risk of deploying such vehicles, technology, and infrastructure. (2) GENERAL AUTHORITY.—
(A) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—The Secretary may provide assistance under the program to not more than 3 geographically diverse, eligible organiza- tions to conduct zero-emission airport technology and infra- structure projects.
(B) FORMS OF ASSISTANCE.—The Secretary may provide assistance under the program in the form of grants, con- tracts, and cooperative agreements.
(3) SELECTION OF PARTICIPANTS.—
(A) NATIONAL SOLICITATION.—In selecting participants, the Secretary shall—
(i) conduct a national solicitation for applications for assistance under the program; and
(ii) select the recipients of assistance under the program on a competitive basis.
(B) CONSIDERATIONS.—In selecting from among applicants for assistance under the program, the Secretary shall consider—
(i) the ability of an applicant to contribute signifi- cantly to deploying zero-emission technology as the technology relates to airport operations;
(ii) the financing plan and cost-share potential of the applicant; and
(iii) other factors, as the Secretary determines appropriate.
(C) PRIORITY.—ln selecting from among applicants for assistance under the program, the Secretary shall give priority consideration to an applicant that has successfully managed advanced transportation technology projects, including projects related to zero-emission transportation operations.
(4) ELIGIBLE PROJECTS.—A recipient of assistance under the program shall use the assistance—
(A) to review and conduct demonstrations of zero-emis- sion technologies and related infrastructure at airports; (B) to evaluate the credibility of new, unproven vehicle and energy-efficient technologies in various aspects of air- port operations prior to widespread investment in the technologies by airports and the aviation industry;
(C) to collect data and make the recipient’s findings available to airports, so that airports can evaluate the applicability of new technologies to their facilities; and
(D) to report the recipient’s findings to the Secretary. (5) ADMINISTRATIVE PROVISIONS.—
(A) FEDERAL SHARE.—The Federal share of the cost of a project carried out under the program may not exceed 80 percent.
(B) TERMS AND CONDITIONS.—A grant, contract, or cooperative agreement under this section shall be subject to such terms and conditions as the Secretary determines appropriate.
(6) DEFINITIONS.—In this subsection, the following definitions apply:
(A) ELIGIBLE ORGANIZATION.—The term ‘‘eligible organization’’ means an organization that has expertise in zero-emission technology.
(B) ORGANIZATION.—The term ‘‘organization’’ means— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of the Internal Revenue Code of 1986; (ii) a university transportation center receiving grants under section 5505 of title 49, United States Code; or
(iii) any other Federal or non-Federal entity as the Secretary considers appropriate.
