123STA T .9 22 PUBLIC LA W 111 –8—M A R .11 , 2 0 09 airpo r t(exc ept wh e n the with d rawa l i sf or operational rea - sons or p u rsuant to the ter m s or conditions of such oper- atin g right or permission ), or ( B )re q uiring a carrier to transfer in v oluntaril y any such right or permission to another person, ( 4 ) the charging b y the S ecretary or A dministrator of a fee for the right or permission to use navigable airspace at such an airport, or ( 5 ) requiring or providing incentives or disincentives to airport proprietors to ta k e such actions themselves . (b) N othing in this section shall be construed to
( 1 ) prohibit the Secretary or the Administrator from imposing per-operation limitations on airports for the purpose of alleviating congestion at such airports, ( 2 ) prohibit individual airports from implementing peak- period or other congestion pricing at such airports, consistent with regulations pertaining to airport rates and charges, or ( 3 ) limit the ability of a State, political subdivision of a State, or political authority of at least two States that owns or operates a commercial airport from carrying out its propri- etary powers and rights. S EC . 11 6 . None of the funds limited by this Act for grants under the Airport I mprovement P rogram shall be made available to the sponsor of a commercial service airport if such sponsor fails to agree to a request from the Secretary of T ransportation for cost-free space in a non-revenue producing, public use area of the airport terminal or other airport facilities for the purpose of carrying out a public service air passenger rights and consumer outreach campaign. SEC. 11 7 . W ithin 6 0 days of the publication date of any G overn- ment Accountability O ffice report reviewing the F ederal Aviation Administration ’ s pro j ect to redesign the airspace over the New Y ork, New J ersey, and Philadelphia region, the Administrator of the Federal Aviation Administration shall report in writing to the C ommittee on Appropriations and the Committee on Commerce, Science, and Transportation, on actions the agency intends to take in order to address any concerns and recommendations identified in the Government Accountability Office report. SEC. 11 8 . The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal R egulations, or such other regulations as may be issued by the Secretary under the authority of section 4170 9 ) an amount equal to the minimum apportionment specified in 49 U .S.C. 47114(c), if the Secretary determines that airport had more than 10,000 passenger boardings in the preceding calendar year, based on data submitted to the Secretary under part 241 of title 14, Code of Federal Regulations. FE D E RALHIGHW A Y AD M I N I ST RATI O N LIMITATION ON ADMINISTRATI V EE XP ENSES ( INCL U DING TRANS F ER OF FUNDS ) Not to exceed $ 390,000,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made Ap p orti o nme nt .D e adl ine. R eport s .
