108th CONGRESS
1st Session
S. 83
To expand aviation capacity in the Chicago area, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. DURBIN (for himself, Mr. Grassley, Mr. Harkin, Mr. Daschle, Mr. Bayh,
Mr. Kohl, and Mr. Inhofe) introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
A BILL
To expand aviation capacity in the Chicago area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Aviation Capacity Expansion Act of
2003'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prior to September 11, 2001, the United States air transportation system
faced severe limitations in airport capacity. As the aviation system returns
to its pre-September 11 levels, interstate commerce will be substantially
constrained without airport expansion.
(2) Meeting the future demand of air travelers, expected to top 1,000,000,000
by 2013, is a challenge facing the United States today. Knowing that airport
development, runway construction, and runway reconfiguration is a multiyear
process, action is needed now.
(3) Communities, small and large, throughout the United States recognize,
particularly after September 11, how critical air transportation is to local
economies.
(4) Airport delays, because of lack of runway capacity, are a serious impediment
to interstate commerce.
(5) Airport expansion, nationwide and at O'Hare International Airport (in
this Act referred to as `O'Hare') and in the Chicago area, is essential
to interstate commerce. Given the agreement of December 5, 2001, between
the Mayor of Chicago and the Governor of Illinois concerning Chicago area
airports, Congress wants to ensure that interstate commerce is not inhibited
by future action or inaction on such expansion.
(6) New runway construction projects are local decisions that are supported
by the Federal Government through the Airport Improvement Program and other
programs, subject to Federal regulation of aviation safety. For years, a
debate over airport expansion in Illinois has stifled redesign of O'Hare
and inhibited action on a new south suburban airport.
(7) Because of O'Hare's central location, and the magnitude of the demand
for air transportation services in northeast Illinois and northwest Indiana,
O'Hare has an essential role in the national air transportation system.
The reliability and efficiency of interstate air transportation for residents
and businesses in many States depend on efficient processing of air traffic
operations at O'Hare.
(8) On June 15, 2001, the Senate Committee on Commerce, Science, and Transportation
held a field hearing in Chicago and directed the parties to settle their
differences because of the importance of O'Hare and expansion to the national
air transportation system.
(9) The Governor of Illinois and the Mayor of Chicago have determined that
redesign of O'Hare and the development of an additional air carrier airport
located near Peotone, Illinois, as described in this Act, are each necessary
and desirable to provide reliable and efficient air commerce.
(10) On December 5, 2001, the Governor of Illinois and the Mayor of Chicago
entered into a historic agreement concerning regional airport improvements
and the regional air transportation system.
(11) This decision will benefit travelers throughout the country and should
make the air transportation system more efficient.
(12) The importance of utilizing existing infrastructure, such as the Gary/Chicago
Airport in Gary, Indiana, and the Greater Rockford Airport, to alleviate
air traffic congestion and provide additional capacity in the greater Chicago
metropolitan region is also recognized. Current or future operations at
the Gary/Chicago Airport or the Greater Rockford Airport may become a more
important component of air service in the region and the Federal Aviation
Administration, in reviewing various expansion plans, should take into account
the role of these airports.
SEC. 3. AIRPORT CONSTRUCTION AND REDESIGN.
(a) O'HARE RUNWAY REDESIGN AND DEVELOPMENT OF SOUTH SUBURBAN AIRPORT-
(1) It is the policy of Congress that, given the agreement between the Governor
of Illinois and the Mayor of the City of Chicago, redesign and reconstruction
of Chicago O'Hare International Airport in Cook and DuPage Counties, Illinois,
in accordance with the runway redesign plan, and the development of a south
suburban airport in the Chicago metropolitan region, are each necessary
to improve the efficiency of, and relieve congestion in, the national air
transportation system.
(2)(A) The Administrator, consistent with Federal environmental and aviation
laws and procedures, shall implement the Federal policy described in paragraph
(1) by facilitating all agency reviews, and facilitating funding, construction,
and implementation of--
(i) the runway redesign plan upon receipt of an application from Chicago
for approval of an airport layout plan that includes the runway redesign
plan; and
(ii) the south suburban airport upon receipt of an application from the
State of Illinois or a political subdivision thereof for approval of an
airport layout plan for a south suburban airport.
(B) The Administrator's actions under this subsection and implementation
of each plan described in subparagraph (A) shall be subject to application
of Federal laws with respect to environmental protection and environmental
analysis, including the National Environmental Policy Act. Nothing in this
section shall be deemed to amend or otherwise be inconsistent with such
laws.
(C) Implementation of each plan described in subparagraph (A) shall be subject
to determination by the Administrator that the plan meets Federal aviation
criteria regarding practicability, safety, and efficiency, and is consistent
with Federal Aviation Administration design criteria.
(D) The Administrator may not approve the runway redesign plan unless the
Administrator determines that the plan should achieve improved capacity
under both Instrument Flight Rule and Visual Flight Rule conditions.
(E) Nothing in this subsection shall be deemed to affect the property rights
of any airport user at O'Hare.
(3) If the Administrator at any time after December 5, 2001, provides (or
has provided) funds for planning of the runway redesign plan or construction
of a runway pursuant to that plan, neither the State nor any instrumentality
or political subdivision of the State, may enforce section 38.01 or section
47 of the Illinois Aeronautics Act with respect to the runway redesign plan.
This paragraph shall not apply after the Administrator certifies that no
additional funds will be provided under chapter 471 of title 49, United
States Code, for planning of the runway redesign plan or construction of
a runway pursuant to that plan.
(4) The State of Illinois, a political subdivision of the State, or authority
of the State, or political subdivision that is not the owner or operator
of O'Hare, may not regulate or otherwise attempt to control in any manner--
(A) aviation safety with respect to the design and construction of the
runway redesign plan, except that construction of the runway may not begin
unless the Administrator finds that the plan satisfies the requirements
of Federal law with respect to aviation safety;
(B) application by the owner or operator of O'Hare for a grant under chapter
471 of title 49, United States Code, to pay a portion of the costs of
planning or construction of the runway redesign plan, or the receipt,
collection, or use of the proceeds thereof; or
(C) design, operation, or use of the runway redesign plan to the extent
such regulation or other control by the State is otherwise prohibited.
(5)(A) An implementation plan shall be prepared by the State of Illinois
under the Clean Air Act in accordance with the State's customary practices
for accounting for and regulating emissions associated with activity at
commercial service airports. The State shall not deviate from its customary
practices under the Clean Air Act for the purpose of interfering with the
construction of a runway pursuant to the redesign plan or the south suburban
airport. At the request of the Administrator, the Administrator of the Environmental
Protection Agency shall, in consultation with the Administrator, determine
that the foregoing condition has been satisfied before approving an implementation
plan. Nothing in this section shall be construed to affect the obligations
of the State under section 176(c) of the Clean Air Act.
(B) The Administrator shall not approve the runway redesign plan unless
the Administrator determines that the construction and operation will include,
to the maximum extent feasible, the best management practices then reasonably
available to and used by operators of commercial service airports to mitigate
emissions regulated under the implementation plan.
(6) Notwithstanding any other provision of this Act, the Administrator is
not required to approve the proposed runway redesign plan.
(b) AIRPORT SAFETY- The Administrator shall follow the law and established
practice relating to the approval of the proposed runway redesign plan at
O'Hare, and shall explain in writing, the impact of the runway redesign plan
on runway incursions, and on the safety of aircraft departures and arrivals,
including the terminal approach control or the vectoring of aircraft from
the contiguous en route air traffic airspace.
(c) PHASING OF CONSTRUCTION- Approval by the Administrator of an airport layout
plan that includes the runway redesign plan shall provide that construction
shall not begin before January 1, 2011, on any runway oriented substantially
in the east-west direction and located more than 2,500 feet south of existing
runway 9R-27L.
(d) WESTERN PUBLIC ROADWAY ACCESS- The Administrator shall not consider an
airport layout plan submitted by Chicago that includes the runway redesign
plan, unless it includes public roadway access through the existing western
boundary of O'Hare to passenger terminal and parking facilities located inside
the boundary of O'Hare and reasonably accessible to such western access. Approval
of western public roadway access shall be subject to the condition that the
costs of construction will be paid from airport revenues only to the extent
that such costs are consistent with Federal Aviation Administration revenue
use requirements.
(1) Approval by the Administrator of an airport layout plan that includes
the runway redesign plan shall require Chicago to offer acoustical treatment
of all single-family houses, other residences designated by the O'Hare Noise
Compatibility Commission, and schools, located within the 65 DNL noise contour
for each construction phase of the runway redesign plan, subject to Federal
Aviation Administration guidelines and specifications of general applicability.
The Administrator may not approve the runway redesign plan unless Chicago
provides the Administrator with information sufficient to demonstrate that
the acoustical treatment required by this paragraph is feasible.
(2)(A) Approval by the Administrator of an airport layout plan that includes
the runway redesign plan shall be subject to the condition that noise impact
of aircraft operations at O'Hare in the calendar year immediately following
the year in which the first new runway is first used, and in each calendar
year thereafter, will be less than the noise impact in calendar year 2000.
(B) The noise impact shall be calculated by the City of Chicago--
(i) using, to the extent practicable, the procedures specified in part
150 of title 14, Code of Federal Regulations;
(ii) using the same method for calendar year 2000 and for each forecast
year; and
(iii) by determining noise impact solely in terms of the aggregate number
of square miles and the aggregate number of residential units and schools
exposed to 65 or greater decibels using the DNL metric, including only
residential units and schools in existence on the last day of calendar
year 2000.
(C) The Administrator shall independently verify the calculation described
in subparagraph (B) based on information provided by the City of Chicago,
which shall be certified by the City as true and complete, consistent with
part 150 procedures.
(D) The noise mitigation condition described in this paragraph shall be
implemented and monitored exclusively through the submission and approval
of a noise compatibility plan under part 150 of title 14, Code of Federal
Regulations. The noise compatibility plan submitted by the city of Chicago
shall provide for compliance with this paragraph. The Administrator shall
approve measures submitted for compliance with this paragraph in accordance
with procedures and criteria under such part 150.
(E) The United States shall have no financial responsibility or liability
if operations at O'Hare in any year do not satisfy the noise mitigation
condition of this paragraph.
(f) SOUTH SUBURBAN AIRPORT FUNDING- The Administrator shall give priority
consideration to a letter of intent application submitted by the State of
Illinois or a political subdivision thereof for the construction of the south
suburban airport. The Administrator shall consider the letter not later than
90 days after the Administrator issues final approval of the airport layout
plan for the south suburban airport.
(g) GARY/CHICAGO AIRPORT FUNDING- The Administrator shall give priority consideration
to a letter of intent application for funding submitted by the City of Gary,
Indiana, or the State of Indiana, for the extension of the main runway at
the Gary/Chicago Airport. The letter of intent application shall be considered
upon completion of the environmental impact statement and benefit cost analysis
in accordance with Federal Aviation Administration requirements. The Administrator
shall consider the letter not later than 90 days after receiving it from the
applicant.
(h) REPORT TO CONGRESS- If the runway redesign plan described in this section
has not received all Federal, State, and local permits and approvals necessary
to begin construction by December 31, 2004, the Administrator shall submit
a status report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and Infrastructure
within 120 days of such date identifying each permit and approval necessary
for the project and the status of each such action.
(i) MERRILL C. MEIGS FIELD-
(1) Until January 1, 2026, the Administrator shall withhold all airport
grant funds respecting O'Hare, other than grants involving national security
and safety, unless the Administrator is reasonably satisfied that the following
conditions have been met:
(A) Merrill C. Meigs Field in Chicago either is being operated by Chicago
as an airport or has been closed by the Federal Aviation Administration
for reasons beyond Chicago's control.
(B) Chicago is providing, at its own expense, all off-airport roads and
other access, services, equipment, and other personal property that Chicago
provided in connection with the operation of Meigs Field on and before
December 1, 2001.
(C) Chicago is operating Meigs Field, at its own expense, at all times
as a public airport in good condition and repair open to all users capable
of utilizing the airport, and is maintaining the airport for such public
operations at least from 6 a.m. to 10 p.m. 7 days a week whenever weather
conditions permit.
(D) Chicago is providing or causing its agents or independent contractors
to provide all services (including police and fire protection services)
provided or offered at Meigs Field on
or immediately prior to December 1, 2001, including tie-down, terminal, refueling,
and repair services, at rates that reflect actual costs of providing such
goods and services.
(2) After January 1, 2006, the Administrator shall not withhold grant funds
under this Act to the extent the Administrator determines that withholding
grant funds would create an unreasonable burden on interstate commerce.
(3) If Meigs Field is closed by the Federal Aviation Administration for
reasons beyond Chicago's control, or is temporarily closed for a nonaeronautical
use with the prior approval of the Administrator, the conditions described
in subparagraphs (B) through (D) of paragraph (1) shall not apply, provided
that nothing in this paragraph shall be construed to change Federal standards
or procedures applicable to temporary closure of airports.
(4) The Administrator shall not enforce the conditions listed in paragraph
(1) if the State of Illinois enacts a law on or after January 1, 2006, authorizing
the closure of Meigs Field.
(5) Net operating losses resulting from operation of Meigs Field, to the
extent consistent with law, are expected to be paid by the 2 air carriers
at O'Hare that paid the highest amount of airport fees and charges at O'Hare
for the preceding calendar year.
(6) Notwithstanding any provision of title 49, United States Code, the city
of Chicago may use airport revenues generated at O'Hare to fund operating
and maintenance costs associated with Meigs Field.
(j) JUDICIAL REVIEW- An order issued by the Administrator, in whole or in
part, under this section shall be deemed to be an order issued under part
A of subtitle VII of title 49, United States Code, and shall be reviewed in
accordance with the procedures in section 46110 of title 49, United States
Code.
(k) DEFINITIONS- In this section:
(1) The term `runway redesign plan' means--
(A) 6 parallel runways at O'Hare oriented in the east-west direction with
the capability for 4 simultaneous independent visual aircraft arrivals
in both directions, and all associated taxiways, navigational facilities,
and other related facilities; and
(B) the closure of existing runways 14L-32R, 14R-32L, and 18-36.
(2) The term `south suburban airport' means an additional air carrier airport
in the vicinity of Peotone, Illinois.
(3) The term `Administrator' means the Administrator of the Federal Aviation
Administration or the Administrator's designee.
(4) The term `State' means the State of Illinois.
(5) The term `implementation plan' means an applicable State implementation
plan, maintenance plan, or revision thereof under the Clean Air Act.
SEC. 4. APPLICATION WITH EXISTING LAW.
Nothing in this Act shall give any priority to an application for or affect
availability or amounts of funds under chapter 471 of title 49, United States
Code, to pay the costs of the O'Hare runway redesign plan or O'Hare noise
mitigation described in section 3.
SEC. 5. COMPETITIVE ACCESS REQUIREMENTS.
In providing funds to implement the runway redesign plans under section 3,
the Administrator of the Federal Aviation Administration shall receive adequate
assurances from the City of Chicago that--
(1) gates and associated facilities are available, or will be made available,
at costs that are fair, reasonable, and non-discriminatory to all air carriers
currently serving or seeking to serve Chicago O'Hare International Airport
with scheduled air service;
(2) gates and associated facilities subject to exclusive use agreements
as of the date of the enactment of this Act are, or will be, converted to
preferential-use or common-use as soon as practicable;
(3) gates and associated facilities either relinquished by terminal signatories
or added to the base of facilities at that airport as the result of projects
to expand, redevelop, or redesign existing facilities or to construct new
facilities, are, or will be, designated for preferential-use or common-use
agreements; and
(4) it will conduct a comprehensive inventory of gates and associated facilities
as of the date of the enactment of this Act to establish the base of facilities
at Chicago O'Hare International Airport that--
(A) identifies the type of use or lease agreement in effect for every
gate and associated facility at that airport; and
(B) will be made publicly available.
END
