[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2435 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2435

    To permit the denial of airport access to certain air carriers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             September 2 (legislative day, August 31), 1998

  Mr. Allard introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To permit the denial of airport access to certain air carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DENIAL OF AIRPORT ACCESS TO CERTAIN AIR CARRIERS.

    (a) In General.--
            (1) Effect of denial.--If an owner or operator of an 
        airport described in subsection (b) denies access to an air 
        carrier described in paragraph (2), that denial shall not be 
        considered to be unreasonable or unjust discrimination or a 
        violation of section 47107 of title 49, United States Code.
            (2) Air carriers described.--An air carrier described in 
        this paragraph is an air carrier that conducts operations as a 
        public charter under part 380 of title 14, Code of Federal 
        Regulations (or any subsequent similar regulations) with 
        aircraft that is designed to carry more than 9 passengers per 
        flight.
    (b) Covered Airports.--This Act shall apply only to an airport 
that--
            (1) is designated as a reliever airport by the 
        Administrator of the Federal Aviation Administration;
            (2) does not have an operating certificate issued under 
        part 139 of title 14, Code of Federal Regulations (or any 
        subsequent similar regulations); and
            (3) is located within a 35-mile radius of an airport that 
        has--
                    (A) at least 0.05 percent of the total annual 
                boardings in the United States; and
                    (B) current gate capacity to handle the demands of 
                a public charter operation.
    (c) Definitions.--In this Act:
            (1) Air carrier; air transportation; aircraft; airport.--
        The terms ``air carrier'', ``air transportation'', 
        ``aircraft'', and ``airport'' have the meanings given those 
        terms in section 40102 of title 49, United States Code.
            (2) Public charter.--The term ``public charter'' means 
        charter air transportation for which the general public is 
        provided in advance a schedule containing the departure 
        location, departure time, and arrival location of the flights.
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