Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 49 — Transportation

Part B · Chapter 471 — Airport Development

§ 47129. Resolution of disputes concerning airport fees

Statutory text

(a)

Authority To Request Secretary’s Determination.—

(1)

In general.—

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)

Calculation of fee.—

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)

Secretary not to set fee.—

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)

Fees imposed by privately-owned airports.—

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)

Procedural Regulations.—

Not later than 90 days after , 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)

Decisions By Secretary.—

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)

Payment Under Protest; Guarantee of Air Carrier and Foreign Air Carrier Access.—

(1)

Payment under protest.—

(A)

In general.—

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)

Referral or credit.—

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)

Assurance of timely repayment.—

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)

Deadline.—

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)

Guarantee of air carrier and foreign air carrier access.—

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)

Applicability.—

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 ; or

(3)

any other existing fee not in dispute as of .

(f)

Effect On Existing Agreements.—

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 .

(g)

Definition.—

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–305 title I § 113(a)(2) · 108 Stat. 1569

    Enacted · 49 U.S.C. § 47129

    Added Pub. L. 103–305, title I, § 113(a)(2), Aug. 23, 1994, 108 Stat. 1577

    Source evidence

    Code source credit
    Added Pub. L. 103–305, title I, § 113(a)(2), Aug. 23, 1994, 108 Stat. 1577

    Enacted provision · exact public law section
    (2) by inserting after section 47128 the following new section:

  2. Pub. L. 104–264 title I § 149(d) · 110 Stat. 3213

    Added · 49 U.S.C. § 47129(a)(4)

    Pub. L. 104–264 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–264 added par. (4).

    Enacted provision · exact public law section
    (d) Resolution of Airport-Air Carrier Disputes Concerning Airport Fees.— Section 47129(a) is amended by adding at the end the following: “(4) Fees imposed by privately-owned airports.—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)”.

    Effective date note
    Except 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.

  3. Pub. L. 104–287 § 5(85)(A) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47129(a)(1)

    Pub. L. 104–287, § 5(85)(A), substituted “of this title” for “of this subtitle” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–287, § 5(85)(A), substituted “of this title” for “of this subtitle” in introductory provisions.

    Enacted provision · exact public law section
    (A) In subsection (a)(1), strike “of this subtitle” and substitute “of this title”.

  4. Pub. L. 104–287 § 5(85)(B) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47129(b); 49 U.S.C. § 47129(e)(2)

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

    Source evidence

    Code amendment note
    Subsecs. (b), (e)(2). Pub. L. 104–287, § 5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.

    Enacted provision · exact public law section
    (B) In subsections (b), (e)(2), and (f)(2), strike “the date of the enactment of this section” and substitute “August 23, 1994”.

  5. Pub. L. 104–287 § 5(85)(C) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47129(e)(3)

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

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 104–287, § 5(85)(C), substituted “August 23, 1994” for “such date of enactment”.

    Enacted provision · exact public law section
    (C) In subsection (e)(3), strike “such date of enactment” and substitute “August 23, 1994”.

  6. Pub. L. 104–287 § 5(85)(B) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47129(f)(2)

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

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 104–287, § 5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.

    Enacted provision · exact public law section
    (B) In subsections (b), (e)(2), and (f)(2), strike “the date of the enactment of this section” and substitute “August 23, 1994”.

  7. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(1) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) by striking the section heading and inserting the following: “§ 47129. Resolution of disputes concerning airport fees” ;

  8. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(6) · 126 Stat. 11

    1. Substituted · 49 U.S.C. § 47129(a)(1)

      Pub. L. 112–95, § 148(a)(6), (7), substituted “air carriers or foreign air carriers” for “air carriers” in introductory provisions

    2. Substituted · 49 U.S.C. § 47129(a)(1)

      Pub. L. 112–95, § 148(a)(6), (7), substituted “(as those terms are defined in section 40102)” for “(as defined in section 40102 of this title)” in introductory provisions

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (6) by striking “air carriers” and inserting “air carriers or foreign air carriers”; and

  9. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(4) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129(a)(1)(B)

    Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”.

    Enacted provision · exact public law section
    (4) by striking “air carrier” each place it appears and inserting “air carrier or foreign air carrier”;

  10. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(4) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129(c)(1)

    Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”.

    Enacted provision · exact public law section
    (4) by striking “air carrier” each place it appears and inserting “air carrier or foreign air carrier”;

  11. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(2) · 126 Stat. 11

    Inserted · 49 U.S.C. § 47129(d)

    Pub. L. 112–95, § 148(a)(2), inserted “and Foreign Air Carrier” after “Carrier” in heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–95, § 148(a)(2), inserted “and Foreign Air Carrier” after “Carrier” in heading.

    Enacted provision · exact public law section
    (2) by inserting “and Foreign Air Carrier” after “Carrier” in the heading for subsection (d);

  12. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(4) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129(d)(1)(A)(C)

    Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier” wherever appearing

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (4) by striking “air carrier” each place it appears and inserting “air carrier or foreign air carrier”;

  13. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(3) · 126 Stat. 11

    1. Inserted · 49 U.S.C. § 47129(d)(2)

      Pub. L. 112–95, § 148(a)(3)–(5), inserted “and foreign air carrier” after “carrier” in heading and, in text

    2. Substituted · 49 U.S.C. § 47129(d)(2)

      Pub. L. 112–95, § 148(a)(3)–(5), substituted “air carrier’s or foreign air carrier’s” for “air carrier’s”

    3. Substituted · 49 U.S.C. § 47129(d)(2)

      Pub. L. 112–95, § 148(a)(3)–(5), substituted “air carrier or foreign air carrier” for “air carrier”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) by inserting “and foreign air carrier” after “carrier” in the heading for subsection (d)(2);

  14. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(6) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129(e)(1)

    Pub. L. 112–95, § 148(a)(6), substituted “air carriers or foreign air carriers” for “air carriers”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 112–95, § 148(a)(6), substituted “air carriers or foreign air carriers” for “air carriers”.

    Enacted provision · exact public law section
    (6) by striking “air carriers” and inserting “air carriers or foreign air carriers”; and

  15. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 148(a)(4) · 126 Stat. 11

    Substituted · 49 U.S.C. § 47129(f)(1)

    Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 112–95, § 148(a)(4), substituted “air carrier or foreign air carrier” for “air carrier”.

    Enacted provision · exact public law section
    (4) by striking “air carrier” each place it appears and inserting “air carrier or foreign air carrier”;

18 of 18 references resolved to an enrolled provision

Notes

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.

Amendments1996–2012 · 2 rounds

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 “” for “the date of the enactment of this section”.

Subsec. (e)(3). Pub. L. 104–287, § 5(85)(C), substituted “” for “such date of enactment”.

Subsec. (f)(2). Pub. L. 104–287, § 5(85)(B), substituted “” for “the date of the enactment of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

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

Credits

1994–2012 · 4 acts
  1. 1994Added Pub. L. 103–305, title I, § 113(a)(2), , 108 Stat. 1577
  2. 1996amended Pub. L. 104–264, title I, § 149(d), , 110 Stat. 3227
  3. 1996Pub. L. 104–287, § 5(85), , 110 Stat. 3397
  4. 2012Pub. L. 112–95, title I, § 148(a), , 126 Stat. 31.
Show as published

(Added Pub. L. 103–305, title I, § 113(a)(2), , 108 Stat. 1577; amended Pub. L. 104–264, title I, § 149(d), , 110 Stat. 3227; Pub. L. 104–287, § 5(85), , 110 Stat. 3397; Pub. L. 112–95, title I, § 148(a), , 126 Stat. 31.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s47129