Page:United States Statutes at Large Volume 110 Part 5.djvu/152

 110 STAT. 3226 PUBLIC LAW 104-264—OCT. 9, 1996 "(e) REQUIRED FINDING THAT APPROVAL WILL NOT RESULT IN UNFAIR METHODS OF COMPETITION. —The Secretary may approve an application under subsection (b) only if the Secretary finds that the approval will not result in unfair and deceptive practices or unfair methods of competition. "(f) INTERESTS OF GENERAL AVIATION USERS.— In approving an application of an airport under this section, the Secretary shall ensure that the interests of general aviation users of the airport Eire not adversely affected. "(g) PASSENGER FACILITY FEES; APPORTIONMENTS; SERVICE CHARGES. —Notwithstanding that the sponsor of an airport receiving an exemption under subsection (b) is not a public agency, the sponsor shall not be prohibited from— "(1) imposing a passenger facility fee under section 40117 of this title; "(2) receiving apportionments under section 47114 of this title; or "(3) collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under section 40116(e)(2) of this title. "(h) EFFECTIVENESS OF EXEMPTIONS.— An exemption granted under subsection (b) shall continue in effect only so long as the facilities sold or leased continue to be used for airport purposes. "(i) REVOCATION OF EXEMPTIONS.— The Secretary may revoke an exemption issued to a purchaser or lessee of an airport under subsection (b)(3) if, after providing the purchaser or lessee with notice and an opportunity to be heard, the Secretary determines that the purchaser or lessee has knowingly violated any of the terms specified in subsection (c) for the sale or lease of the airport. " (j) NONAPPLICATION OF PROVISIONS TO AIRPORTS OWNED BY PUBLIC AGENCIES. —The provisions of this section requiring the approval of air carriers in determinations concerning the use of revenues, and imposition of fees, at an airport shall not be extended so as to apply to any airport owned by a public agency that is not participating in the program established by this section. "(k) AUDITS.— The Secretary may conduct periodic audits of the financial records and operations of an airport receiving an exemption under this section. "(1) REPORT. —Not later than 2 years after the date of the initial approval of an application under this section, the Secretary shall transmit to the Committee on Transportation and Infi-astructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on implementation of the program under this section. "(m) GENERAL AVIATION AIRPORT DEFINED.— In this section, the term 'general aviation airport' means an airport that is not a commercigJ service airport.". (2) CONFORMING AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 47133, as added by section 804 of this Act, the following: "47134. Pilot program on private ownership of airports.". (b) TAXATION.— Section 40116(b) is amended— (1) by striking "a State or" and inserting "a State, a"; and

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