,,ii #aafth ,,congress #ast ,session ,s4 #baih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bb1 #bjai ,mr4 ,inhofe 7for himself and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to promote the launch of aviation's next era4 #a4 ,short title2 table of contents2 definition of ,administrator 7a7 ,short title ,this ,act may be cited as the ,promoting the ,launch of ,aviation's ,next ,era ,act of #bjai or the ,,plane ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 definition of ,administrator4 ,title ,i--,fairness for ,pilots ,sec4 #aja4 ,expansion of ,pilot's ,bill of ,rights4 ,sec4 #ajb4 ,enhancing protections for the aviation community4 ,sec4 #ajc4 ,limitations on reexamination of certificate holders4 ,sec4 #ajd4 ,aviation rulemaking and exemption petition due process4 ,sec4 #aje4 ,timely resolution of investigations4 ,title ,,ii--,forward ,looking ,investment in ,general ,aviation1 ,hangars1 and ,tarmacs 7,,flight ,act7 ,sec4 #bja4 ,establishment of public-private partnership program at general aviation airports4 ,sec4 #bjb4 ,general aviation airport entitlement reform4 ,sec4 #bjc4 ,disaster relief airports4 ,sec4 #bjd4 ,airport development relating to disaster relief4 ,sec4 #bje4 ,funding for projects as disaster relief airports4 ,sec4 #bjf4 ,revision of automated weather observing systems 7,,awos7 policy4 ,title ,,iii--,securing and ,revitalizing ,aviation 7,,sara ,act7 ,sec4 #cja4 ,limitation of liability for certain individuals designated as representatives of the ,federal ,aviation ,administration4 ,title ,,iv--,air ,traffic ,controller ,reforms ,sec4 #dja4 ,federal ,aviation ,administration ,academy4 ,sec4 #djb4 ,practical experience for air traffic controllers4 ,title ,v--,aviation ,fuel ,taxes ,sec4 #eja4 ,treatment of fuel for use in aviation4 ,title ,,vi--,voluntary ,surrender of ,repair ,station ,certificate ,sec4 #fja4 ,revision of certain regulations relating to repair station certificates4 7c7 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 ,i ,fairness for ,pilots #aja4 ,expansion of ,pilot's ,bill of ,rights 7a7 ,appeals of suspended and revoked airman certificates ,section #b7;d77#a7 of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is amended by striking or imposing a punitive civil action or an emergency order of revocation under subsections 7d7 and 7e7 of section #ddgji of such title and inserting suspending or revoking an airman certificate under section #ddgji7;d7 of such title1 or imposing an emergency order of revocation under subsections 7d7 and 7e7 of section #ddgji of such title4 7b7 ,de novo review by district court2 burden of proof ,section #b7;e7 of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,in an appeal filed under subsection 7d7 in a ,united ,states district court with respect to a denial1 suspension1 or revocation of an airman certificate by the ,administrator-- 7,a7 the district court shall review the denial1 suspension1 or revocation de novo1 including by-- 7i7 conducting a full independent review of the complete administrative record of the denial1 suspension1 or revocation2 7ii7 permitting additional discovery and the taking of additional evidence2 and 7iii7 making the findings of fact and conclusions of law required by ,rule #eb of the ,federal ,rules of ,civil ,procedure without being bound to any findings of fact of the ,administrator or the ,national ,transportation ,safety ,board4 2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,burden of proof ,in an appeal filed under subsection 7d7 in a ,united ,states district court after an exhaustion of administrative remedies1 the burden of proof shall be as follows3 7,a7 ,in an appeal of the denial of an application for the issuance or renewal of an airman certificate under section #ddgjc of title #di1 ,united ,states ,code1 the burden of proof shall be upon the applicant denied an airman certificate by the ,administrator4 7,b7 ,in an appeal of an order issued by the ,administrator under section #ddgji of title #di1 ,united ,states ,code1 the burden of proof shall be upon the ,administrator4 2 and 7#d7 by adding at the end the following3 7#d7 ,applicability of administrative procedure act ,notwithstanding paragraph 7#a77;,a7 of this subsection or subsection 7a77#a7 of section #eed of title #e1 ,united ,states ,code1 section #eed of such title shall apply to adjudications of the ,administrator and the ,national ,transportation ,safety ,board to the same extent as that section applied to such adjudications before the date of enactment of the ,promoting the ,launch of ,aviation's ,next ,era ,act of #bjai4 4 #ajb4 ,enhancing protections for the aviation community 7a7 ,,ntsb review of application for airman certificate ,section #ddgjc7;d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 by inserting after paragraph 7#a71 the following new paragraph3 7#b7 ,,ntsb review 7,a7 ,in general ,in the case of an application for the issuance of an airman medical certificate1 the ,national ,transportation ,safety ,board may review a denial that may not be considered a final denial by the ,administrator when the ,administrator has twice reconsidered the application and sustained a previous denial on that application4 7,b7 ,deemed denial ,the ,administrator's failure to rule upon a request for reconsideration of the denial of issuance of an airman medical certificate within #fj days of the date on which the application to reconsider is submitted to the ,administrator shall be deemed to be a denial of the application4 4 7b7 ,voluntary surrender of an airman medical certificate ,section #ddgjc of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7l7 ,voluntary surrender of an airman medical certificate ,an airman may voluntarily surrender an airman medical certificate issued under this section for cancellation at any time1 unless the certificate is subject to a ,federal ,aviation ,administration order of suspension or revocation at the time of the voluntary surrender4 4 7c7 ,appeals ,section #ddgjc7;d77#a7 of title #di1 ,united ,states ,code1 is amended by striking hold a certificate that and all that follows through the period and inserting holds a certificate that is suspended at the time of denial44 7d7 ,reapplications ,section #ddgji of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e71 the following new subsection3 7f7 ,reapplications ,except as provided in section #ddgaj1 any person whose certificate has been revoked by an order of the ,administrator or the ,national ,transportation ,safety ,board may reapply for a certificate at any time following the revocation4 4 7e7 ,appeal of suspension or termination of delegation ,section #ddgjb7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,subsections 7d71 7e71 and 7f7 of section #ddgji shall apply to a rescission of a delegation under this subsection in the same manner as those subsections apply to an order of the ,administrator or the ,national ,transportation ,safety ,board under that section44 #ajc4 ,limitations on reexamination of certificate holders 7a7 ,in general ,section #ddgji7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking reexamine and inserting 1 except as provided in paragraphs 7#b7 and 7#c71 reexamine2 and 7#b7 by adding at the end the following3 7#c7 ,limitation on the reexamination of airman certificates ,the ,administrator may not reexamine an airman holding a student1 sport1 recreational1 or private pilot certificate issued under section #ddgjc of this title if the reexamination is ordered as a result of an event involving the fault of the ,federal ,aviation ,administration or its designee1 unless the ,administrator has reasonable grounds-- 7,a7 to establish that the airman may not be qualified to exercise the privileges of a certificate or rating issued to the airman by the ,federal ,aviation ,administration or its designee1 based upon an act or omission committed by the airman while exercising those privileges1 after the issuance of the certificate or rating2 or 7,b7 to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was substantially and demonstrably inadequate to establish the airman's qualifications4 4 7b7 ,amendment1 modification1 suspension1 or revocation of airman certificates after reexamination ,section #ddgji7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and by moving such clauses1 as so redesignated1 #b ems to the right2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and by moving such subparagraphs1 as so redesignated1 #b ems to the right2 7#c7 in the matter preceding subparagraph 7,a71 as redesignated1 by striking ,the ,administrator and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,administrator 2 and 7#d7 by adding at the end the following3 7#b7 ,amendments1 modifications1 suspensions1 and revocations of airman certificates after reexamination 7,a7 ,in general ,the ,administrator may not issue an order to amend1 modify1 suspend1 or revoke an airman certificated held by a student1 sport1 recreational1 or private pilot and issued under section #ddgjc of this title after a reexamination of the airman holding the certificate unless the ,administrator determines that the airman-- 7i7 lacks the technical skills and competency1 or care1 judgment1 and responsibility1 necessary to hold and safely exercise the privileges of the certificate2 or 7ii7 materially contributed to the issuance of the certificate by fraudulent means4 7,b7 ,standard of review ,any order of the ,administrator under this paragraph shall be subject to the standard of review provided for under section #b of the ,pilot's ,bill of ,rights 7#di ,u4,s4,c4 #ddgjc note74 4 7c7 ,conforming amendments ,section #ddgji7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking subsection 7b77#a77;,a7 and inserting subsection 7b77#a77;,a77i72 and 7#b7 in subparagraph 7,b71 by striking subsection 7b77#a77;,b7 and inserting subsection 7b77#a77;,a77ii74 #ajd4 ,aviation rulemaking and exemption petition due process 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration shall issue a final rule that amends1 as appropriate1 sections #aa4fa through #aa4ajc of title #ad1 ,code of ,federal ,regulations 7,petitions for ,rulemaking and for ,exemption7 to do the following3 7#a7 ,add the following decision factors to the decision factors the ,federal ,aviation ,administration considers pursuant to subsection 7a7 of section #aa4gc of such title #ad when deciding whether to act on a petition for rulemaking3 7,a7 ,the number of certificate holders directly affected by the proposed rulemaking4 7,b7 ,the impact of the proposed rulemaking on small businesses4 7,c7 ,the number of organizations requesting the proposed rulemaking4 7#b7 ,require the designation of an employee of the ,federal ,aviation ,administration to manage each petition filed4 7#c7 ,require notification of the following to each petitioner within #cj days of receipt of a petition for rulemaking properly submitted pursuant to such section #aa4ga1 a petition for exemption properly submitted pursuant to section #aa4ha of such title #ad1 or a petition for reconsideration submitted pursuant to section #aa4aja of such title #ad3 7,a7 ,the name and contact information for the employee of the ,federal ,aviation ,administration designated pursuant to the requirement under paragraph 7#b74 7,b7 ,how the ,federal ,aviation ,administration will dispose of the petition4 7,c7 ,if the ,federal ,aviation ,administration determines that the petition justifies ,administration action1 a timeline for such action4 7,d7 ,if the ,federal ,aviation ,administration determines that the petition does not justify ,administration action1 the basis for that decision with specific reference to the decision factors under subsection 7a7 of such section #aa4ga for petitions for rulemaking1 under such section #aa4ha for petitions for exemption1 or under such section #aa4aja for petitions for reconsideration1 as applicable4 7b7 ,report to congress ,not later than ,september #cj1 #bjbj1 and each subsequent year thereafter1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that details the following with respect to the prior calendar year3 7#a7 ,the number of petitions for rulemaking submitted pursuant to sections #aa4fc and #aa4ga of such title #ad4 7#b7 ,for each such petition for rulemaking-- 7,a7 the regulations impacted or relevant to the petition2 and 7,b7 the nature1 disposition1 and status of each petition4 7#c7 ,the number of petitions for exemption submitted pursuant to such #aa4ha4 7#d7 ,for each such petition for exemption-- 7,a7 the regulation from which exemption is sought2 and 7,b7 the disposition and status of each petition4 7#e7 ,the number of petitions for reconsideration submitted pursuant to section #aa4aja4 7#f7 ,for each such petition for reconsideration-- 7,a7 the regulation from which reconsideration is sought2 and 7,b7 the disposition and status of each petition4 #aje4 ,timely resolution of investigations ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue a final rule to amend1 as appropriate-- 7#a7 subpart ,a of part #ac of title #ad1 ,code of ,federal ,regulations1 to require the completion of an investigation and a decision by the ,administrator on whether to initiate a subsequent action within #b years from the date upon which a complaint is first filed pursuant to section #ac4e of such title #ad2 and 7#b7 subpart ,f of such part #ac to require the completion of an investigation and a decision by the ,administrator on whether to initiate a subsequent action within #b years of the issuance of an order of investigation pursuant to section #ac4ajc of such title #ad4 ,,ii ,forward ,looking ,investment in ,general ,aviation1 ,hangars1 and ,tarmacs 7,,flight ,act7 #bja4 ,establishment of public-private partnership program at general aviation airports 7a7 ,in general ,chapter #dha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dhaae4 ,general aviation public-private partnership program 7a7 ,small airport public-,private partnership program ,the ,secretary of ,transportation shall establish a program that meets the requirements under this section for improving facilities at-- 7#a7 general aviation airports2 and 7#b7 privately owned airports used or intended to be used for public purposes that do not have scheduled air service4 7b7 ,application required ,the operator or sponsor of an airport1 or the community in which an airport is located1 seeking1 on behalf of the airport1 to participate in the program established under subsection 7a7 shall submit an application to the ,secretary in such form1 at such time1 and containing such information as the ,secretary may require1 including-- 7#a7 an assessment of the needs of the airport for additional or improved hangars1 airport businesses1 or other facilities2 7#b7 the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport2 and 7#c7 if the application is submitted by a community1 evidence that the airport supports the application4 7c7 ,limitation 7#a7 ,state limit ,not more than #d airports in the same ,state may be selected to participate in the program established under subsection 7a7 in any fiscal year4 7#b7 ,dollar amount limit ,not more than #ejj1jjj shall be made available for any airport in any fiscal year under the program established under subsection 7a74 7d7 ,priorities ,in selecting airports for participation in the program established under subsection 7a71 the ,secretary shall give priority to airports at which-- 7#a7 the operator or sponsor of the airport1 or the community in which the airport is located-- 7,a7 will provide a portion of the cost of the project for which assistance is sought under the program from local sources2 7,b7 will employ best business practices in developing or implementing a public-private partnership2 or 7,c7 has established1 or will establish1 a public-private partnership to build or improve facilities at the airport2 or 7#b7 the assistance will be used in a timely fashion4 7e7 ,types of assistance ,the ,secretary may use amounts made available under this section-- 7#a7 to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars1 businesses1 or other facilities at the airport2 7#b7 to fund studies that consider what measures an airport should take to attract private sector investment at the airport2 or 7#c7 to participate in a partnership described in paragraph 7#a7 or an investment described in paragraph 7#b74 7f7 ,authority ,to make agreements ,the ,secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section4 7g7 ,availability of amounts from ,airport and ,airway ,trust ,fund 7#a7 ,in general ,there is authorized to be appropriated1 out of the ,airport and ,airway ,trust ,fund established under section #iejb of the ,internal ,revenue ,code of #aihf1 #e1jjj1jjj for each of the fiscal years #bjbj through #bjbe to carry out this section4 ,amounts appropriated pursuant to this paragraph shall remain available until expended4 7#b7 ,availability ,amounts appropriated pursuant to paragraph 7#a7-- 7,a7 shall remain available until expended2 and 7,b7 shall be in addition to any amounts made available pursuant to section #dhajc4 4 7b7 ,clerical amendment ,the analysis for chapter #dha of such title is amended by adding at the end the following3 #dhaae4 ,general aviation public-private partnership program4 4 7c7 ,expenditure authority from ,airport and ,airway ,trust ,fund ,section #iejb7;d77#a77;,a7 of the ,internal ,revenue ,code of #aihf is amended by inserting or section #dgadc of title #di1 ,united ,states ,code before the semicolon at the end4 #bjb4 ,general aviation airport entitlement reform 7a7 ,united ,states share of project costs ,section #dgaji of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,general aviation airports ,the ,government's share of allowable project costs may be increased by the ,administrator of the ,federal ,aviation ,administration to #ie percent for a project-- 7#a7 at an airport that is not a primary airport if the ,administrator determines that the project will increase safety or security at that airport2 or 7#b7 at an airport that is categorized as a basic or unclassified airport in the report of the ,federal ,aviation ,administration entitled ,general ,aviation ,airports3 ,a ,national ,asset and dated ,may #bjab4 4 7b7 ,use of apportioned amounts ,section #dgaag7;e77#a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,all amounts subject to apportionment for a fiscal year that are not apportioned under section #dgaad7;d71 for grants to sponsors of general aviation airports1 reliever airports1 or nonprimary commercial service airports4 4 #bjc4 ,disaster relief airports 7a7 ,designation of disaster relief airports 7#a7 ,in general ,subchapter ,i of ,chapter #dga is amended by inserting after section #dgaca the following3 #dgacb4 ,disaster relief airports 7a7 ,designation 7#a7 ,in general ,the ,secretary of ,transportation shall designate as a disaster relief airport an airport that-- 7,a7 is categorized as a regional reliever airport in the report issued by the ,federal ,aviation ,administration entitled ,national ,plan of ,integrated ,airport ,systems 7,,npias7 #bjag-bjba2 7,b7 is within a reasonable distance1 as determined by the ,secretary1 of a hospital or transplant or trauma center2 7,c7 is in a region that the ,secretary determines under subsection 7b7 is prone to natural disasters2 7,d7 has at least one paved runway with not less than #c1djj feet of useable length capable of supporting aircraft up to #ab1ejj pounds2 7,e7 has aircraft maintenance or servicing facilities at the airport able to provide aircraft fueling and light maintenance services2 and 7,f7 has adequate taxiway and ramp space to accommodate single-engine or light multi-engine aircraft simultaneously for loading and unloading of supplies4 7#b7 ,designation in ,states without qualifying airports ,if fewer than #c airports described in paragraph 7#a7 are located in a ,state1 the ,secretary1 in consultation with aviation officials of that ,state1 shall designate not more than #c general aviation airports in that ,state as a disaster relief airport under this section4 7b7 ,prone to natural disasters 7#a7 ,in general ,for the purposes of subsection 7a77#a77;,c71 a region is prone to natural disasters if-- 7,a7 in the case of earthquakes1 there is not less than a #ej percent probability that an earthquake of magnitude #f or above will occur in the region within #cj years1 according to the ,united ,states ,geological ,survey2 and 7,b7 in the case of other types of natural disasters1 the ,president has declared more than #e major disasters in the region under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 according to the most recent map of the ,federal ,emergency ,management ,agency4 7#b7 ,natural disaster defined ,for the purposes of this section1 the term natural disaster includes a hurricane1 tornado1 severe storm1 high water1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 snowstorm1 drought1 or wildfire4 7c7 ,requirements 7#a7 ,operation and maintenance 7,a7 ,in general ,a disaster relief airport and the facilities and fixed-based operators on or connected with the airport shall be operated and maintained in a manner the ,secretary consider suitable for disaster relief4 7,b7 ,exclusion ,a disaster relief airport shall not be considered to be in violation of subparagraph 7,a7 if a runway is unuseable because the runway is under scheduled maintenance or is in need of necessary repairs4 7#b7 ,compliance with assurances on airport operations ,a disaster relief airport shall comply with the provisions of section #dgajg as if the airport has received a project grant under this subchapter4 7#c7 ,natural disaster management plan ,a disaster relief airport shall develop an emergency natural disaster management plan in coordination with local emergency response teams and first responders4 7d7 ,civil penalty ,a public agency that knowingly violates this section shall be liable to the ,united ,states ,government for a civil penalty of not more than #aj1jjj for each day of the violation4 7e7 ,consideration for project grants ,the ,secretary shall give consideration to the role an airport plays in disaster relief when determining whether to provide a grant for the airport under this subchapter4 7f7 ,applicability of other laws ,this section shall apply notwithstanding any other law1 rule1 regulation1 or agreement4 4 7b7 ,clerical amendment ,the analysis for chapter #dga of such title is amended by inserting after the item relating to section #dgaca the following3 #dgacb4 ,disaster relief airports4 4 #bjd4 ,airport development relating to disaster relief ,section #dgajb7c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,s7 planning1 acquiring1 or constructing at an airport designated as a disaster relief airport under section #dgacb1 including-- 7i7 planning for disaster preparedness associated with maintaining airport operations during a natural disaster2 7ii7 airport communication equipment and fixed emergency generators that are not able to be acquired by programs funded under the ,department of ,homeland ,security2 and 7iii7 constructing1 expanding1 and improving airfield infrastructure to include aprons and terminal buildings the ,secretary determines will facilitate disaster response at the airport4 4 #bje4 ,funding for projects as disaster relief airports 7a7 ,in general ,section #dgaad7;d77#c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 through 7,d7 as subparagraphs 7,b7 through 7,e71 respectively2 7#b7 by inserting before subparagraph 7,b71 as redesignated by subparagraph 7,a71 the following3 7,a7 ,not less than #be1jjj to airports designated as disaster relief airports under section #dgacb to enhance the ability of such airports to aid in disaster relief1 including through funding for airport development described in section #dgajb7c77,p74 2 and 7#c7 in subparagraphs 7,d7 and 7,e71 as redesignated by subparagraph 7,a71 by striking subparagraph 7,a7 each place it appears and inserting subparagraph 7,b74 7b7 ,conforming amendments 7#a7 ,section #dgajf7;a77#g7 of title #di1 ,united ,states ,code1 is amended by striking #dgaad7;d77#c77;,b7 and inserting #dgaad7;d77#c77;,c74 7#b7 ,section #dgaag7;b77#b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a77i71 by striking 7#c77;,a7 and inserting 7#c77;,b72 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #dgaad7;d77#c77;,a7 and inserting #dgaad7;d77#c77;,b72 and 7ii7 by striking #dgaad7;d77#c77;,b7 and inserting #dgaad7;d77#c77;,c74 #bjf4 ,revision of automated weather observing systems 7,,awos7 policy 7a7 ,in general ,section #eec7;d77#a7 of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed7 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,d7 the ,secretary determines the grant obligation does not exceed the amounts made available under paragraph 7#a7 of section #dgaag7;f7 of such title #di for that fiscal year2 and 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed74 ,,iii ,securing and ,revitalizing ,aviation 7,,sara ,act7 #cja4 ,limitation of liability for certain individuals designated as representatives of the ,federal ,aviation ,administration 7a7 ,in general ,any individual designated by the ,administrator under subpart ,c of part #ahc of title #ad1 ,code of ,federal ,regulations1 to act as a representative of the ,administrator1 including an aviation medical examiner1 pilot examiner1 or designated airworthiness representative1 shall1 when carrying out duties pursuant to that designation and without regard to the individual's employer-- 7#a7 be considered to be performing an activity necessary to safeguard a uniquely ,federal interest2 and 7#b7 not be liable in a civil action for actions performed with reasonable care in connection with those duties4 7b7 ,fraudulent misconduct ,this section does not relieve an individual described in subsection 7a7 that causes harm to any person through intentional or fraudulent misconduct while carrying out duties pursuant to that subsection from any penalty applicable under any provision of law for that misconduct4 7c7 ,activity covered ,this section shall only apply to those individuals carrying out their duties within the ,united ,states or its territories4 ,,iv ,air ,traffic ,controller ,reforms #dja4 ,federal ,aviation ,administration ,academy ,the ,administrator shall designate all necessary employees at the ,mike ,monroney ,aeronautical ,center in ,oklahoma ,city1 ,oklahoma1 as excepted employees in the event of a covered lapse in appropriations 7as such terms are defined in section #acda7;c7 of title #ca1 ,united ,states ,code7 that is in effect on or after the date of enactment of this ,act to ensure that the ,federal ,aviation ,administration ,academy remains open and capable of continuing to train air traffic controllers for the duration of the covered lapse in appropriations to the ,federal ,aviation ,administration4 #djb4 ,practical experience for air traffic controllers 7a7 ,review 7#a7 ,in general ,the ,administrator shall assign to the ,aviation ,rulemaking ,advisory ,committee 7in this section referred to as the ,committee7 the task of reviewing all regulations and policies related to the training of air traffic control tower operators1 including the practical experience requirements4 7#b7 ,recommendations ,after conducting the review under paragraph 7#a71 the ,committee shall1 not later than #f months after the date of enactment of this ,act1 submit to the ,administrator recommendations on the following3 7,a7 ,ways to modify the requirements described in paragraph 7#a7 to enable the contract tower industry to prepare and better utilize approved air traffic collegiate training initiative 7,,at-,,cti7 school graduates1 veterans1 and other qualified air traffic control program graduates for work at air traffic control facilities in the ,federal contract tower program4 7,b7 ,regulatory and policy changes that are necessary to ensure that an applicant applying for their initial facility rating must successfully accomplish a minimum of #b months of on-the-job training in a control tower and that such an applicant be allowed to qualify for a facility rating having undertaken classroom and simulation training within a formal training process approved by the ,federal ,aviation ,administration that may not have taken place within the facility for which the initial facility rating is being applied4 7,c7 ,other areas determined appropriate by the ,committee4 7b7 ,action based on recommendations ,not later than #a year after receiving recommendations under subsection 7a77#b71 the ,administrator shall take such actions as the ,administrator considers appropriate with respect to such recommendations4 ,v ,aviation ,fuel ,taxes #eja4 ,treatment of fuel for use in aviation 7a7 ,rate of tax 7#a7 ,in general ,section #djha7;a77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of clause 7ii71 by striking the period at the end of clause 7iii7 and inserting 1 and1 and by adding at the end the following new clause3 7iv7 in the case of aviation-grade kerosene1 #ba4i cents per gallon4 4 7#b7 ,taxes imposed on fuel used in commercial aviation ,section #djha7;a77#b77;,c7 of such ,code is amended to read as follows3 7,c7 ,taxes imposed on fuel used in commercial aviation ,in the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section #daja1 the rate of tax under subparagraph 7,a77iv7 shall be #d4d cents per gallon4 4 7#c7 ,refueller trucks1 tankers1 and tank wagons ,section #djha7;a77#c7 of such ,code is amended-- 7,a7 by inserting a secured area of before an airport in subparagraph 7,a77i72 and 7,b7 by striking subparagraph 7,d74 7#d7 ,conforming amendments 7,a7 ,sections #djha7;a77#c77;,a7 and #djhb7;b7 of such ,code are amended by striking kerosene each place it appears and inserting aviation-grade kerosene4 7,b7 ,section #djha7;a77#d7 of such ,code is amended by striking paragraph 7#b77;,c77i7 and inserting paragraph 7#b77;,c74 7,c7 ,the heading for section #djha7;a77#d7 of such ,code is amended by striking kerosene and inserting aviation-grade kerosene4 7,d7 ,section #djha7;d77#b7 of such ,code is amended by striking so much as precedes subparagraph 7,a7 and inserting the following3 7#b7 ,aviation fuels ,the rate of tax specified in subsection 7a77#b77;,a77ii7 shall be #d4c cents per gallon-- 4 7,e7 ,subsection 7e7 of section #djhb of such ,code is amended-- 7i7 by striking kerosene and inserting aviation-grade kerosene2 7ii7 by striking section #djha7;a77#b77;,a77iii7 and inserting section #djha7;a77#b77;,a77iv72 7iii7 by striking the last sentence2 and 7iv7 by striking ,kerosene removed into an aircraft in the heading and inserting ,aviation-,grade kerosene4 7b7 ,rate for use of certain liquids in aviation 7#a7 ,in general ,section #djda7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking any liquid for use as a fuel other than aviation gasoline in paragraph 7#a7 and inserting aviation-grade kerosene2 7,b7 by striking liquid for use as a fuel other than aviation gasoline in paragraph 7#b7 and inserting aviation-grade kerosene2 7,c7 by striking paragraph 7#c7 and inserting the following new paragraph3 7#c7 ,rate of tax ,the rate of tax imposed by this subsection shall be the rate of tax applicable under section #djha7;a77#b77;,a77iv7 which is in effect at the time of such sale or use4 2 and 7,d7 by striking ,certain liquids used as fuel in aviation in the heading and inserting ,aviation-,grade kerosene4 7#b7 ,partial refund of full rate ,section #fdbg7l77#b7 of such ,code is amended to read as follows3 7#b7 ,nontaxable use ,for purposes of this subsection1 the term nontaxable use means-- 7,a7 in the case of diesel fuel or kerosene1 any use which is exempt from the tax imposed by section #djda7;a77#a7 other than by reason of a prior imposition of tax1 and 7,b7 in the case of aviation-grade kerosene-- 7i7 any use which is exempt from the tax imposed by section #djda7;c7 other than by reason of a prior imposition of tax1 or 7ii7 any use in commercial aviation 7within the meaning of section #djhc7;b774 4 7#c7 ,conforming amendments 7,a7 ,section #djda7;a77#a77;,b7 of such ,code is amended by adding at the end the following3 ,this subparagraph shall not apply to aviation-grade kerosene44 7,b7 ,the heading for section #fdbg7l7 of such ,code is amended by striking and kerosene and inserting 1 kerosene1 and aviation fuel4 7,c7 ,section #fdbg7l77#d7 of such ,code is amended-- 7i7 in subparagraph 7,a7-- 7,i7 by striking kerosene in subparagraph 7,a7 and inserting aviation-grade kerosene2 7,,ii7 by striking section #djha7;a77#b77;,a77iii7 and inserting section #djha7;a77#b77;,a77iv72 and 7,,iii7 by striking ,kerosene used in commercial aviation in the heading and inserting ,in general2 7ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,payment to ultimate registered vendor ,with respect to any aviation-grade kerosene1 if the ultimate purchaser of such kerosene waives 7at such time and in such form and manner as the ,secretary shall prescribe7 the right to payment under paragraph 7#a7 and assigns such right to the ultimate vendor1 then the ,secretary shall pay the amount which would be paid under paragraph 7#a7 to such ultimate vendor1 but only if such ultimate vendor-- 7i7 is registered under section #daja1 and 7ii7 meets the requirements of subparagraph 7,a71 7,b71 or 7,d7 of section #fdaf7;a77#a74 2 and 7iii7 by striking kerosene used in commercial aviation in the heading and inserting aviation-grade kerosene4 7,d7 ,section #fdbg7;i77#d77;,a7 of such ,code is amended-- 7i7 by striking paragraph 7#d77;,c7 and inserting paragraph 7#d77;,b72 and 7ii7 by striking 1 7l77#d77;,c77ii714 7,e7 ,section #fdbg7l77#e77;,b7 of such ,code is amended by striking kerosene used in aviation and inserting aviation-grade kerosene4 7c7 ,transfers from highway trust fund of taxes on fuels used in aviation to airport and airway trust fund 7#a7 ,in general ,section #iejc7;c7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#e74 7#b7 ,conforming amendments 7,a7 ,section #iejb7;a7 of such ,code is amended by striking 1 section #iejc7;c77#e714 7,b7 ,section #iejb7;b77#a77;,d7 of such ,code is amended by striking and kerosene to the extent attributable to the rate specified in section #djha7;a77#b77;,c7 and inserting and aviation-grade kerosene4 7,c7 ,section #iejc7;b7 of such ,code is amended by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,adjustments for aviation uses ,the amounts described in paragraph 7#a7 and 7#b7 with respect to any period shall 7before the application of this subsection7 be reduced by appropriate amounts to reflect any amounts transferred to the ,airport and ,airway ,trust ,fund under section #iejb7;b7 with respect to such period4 4 7d7 ,certain transfers not transferred from airport and airway trust fund 7#a7 ,section #iejb7;d77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking 7other than subsection 7l77#d7 thereof74 7#b7 ,section #iejb7;d77#c7 of such ,code is amended by striking 7other than payments made by reason of paragraph 7#d7 of section #fdbg7l774 7e7 ,effective date ,the amendments made by this section shall apply to fuels or liquids removed1 entered1 or sold after ,september #cj1 #bjai4 ,,vi ,voluntary ,surrender of ,repair ,station ,certificate #fja4 ,revision of certain regulations relating to repair station certificates ,the ,administrator shall-- 7#a7 not later than #fj days after the date of the enactment of this ,act1 publish in the ,federal ,register a notice of proposed rulemaking revising part #ade of title #ad1 ,code of ,federal ,regulations-- 7,a7 to restore the right of a repair station to unilaterally surrender its certificate2 7,b7 to prevent an individual who materially contributes to the revocation of a repair station certificate or causes the process of revoking such a certificate to begin from reentering the industry2 and 7,c7 to clarify that a repair station that terminates an individual who materially contributes to the revocation of the certificate of the repair station or causes the process of revoking that certificate to begin may reapply for a certificate2 and 7#b7 not later than #ij days after publishing the notice of proposed rulemaking1 publish in the ,federal ,register a final rule with respect to those revisions4