Airport and Airway Capacity Expansion Act of 1987

(Measure indefinitely postponed in Senate, H.R. 2310 passed in lieu)

Airport and Airway Capacity Expansion Act of 1987 - Title I: Airport and Airway Improvement Act - Amends the Airport and Airway Improvement Act of 1982 to direct the Secretary of Transportation (the Secretary) to: (1) take into account tall structures which reduce safety or airport capacity when reviewing the national plan of integrated airport systems; and (2) address the needs of air cargo operations, and STOL/VSTOL and rotary wing aircraft operations.

Amends the Federal Aviation Act of 1958 to direct the Secretary to report the results of an aeronautical study determining the possible adverse impact upon the safe efficient use of navigable airspace by proposed structures or alterations (if the Secretary determines that such structures may constitute a physical obstruction in navigable airspace). Requires the Federal Communications Commission and the Federal Aviation Administration to coordinate administrative actions regarding broadcast applications and the conduct of aeronautical studies relating to broadcast towers.

Directs the Secretary of Transportation and the Secretary of Defense to report to the Congress the results of their jointly conducted review regarding the need and utilization of special use airspace in order to determine its impact on civil aviation operations and on the quality of the environment.

Specifies the aggregate amounts which shall be available to the Secretary of Transportation for making grants for FY 1988 through 1990 for airport noise compatibility. Extends from September 30, 1987, to September 30, 1990, the period in which the Secretary may incur obligations to make such grants. Authorizes appropriations from the Airport and Airway Trust Fund to liquidate obligations for certain noise abatement projects.

Authorizes appropriations for the airway improvement program for FY 1988 through 1990.

Sets forth apportionment guidelines for primary airports for FY 1988 through 1990. Increases the apportionments which the Secretary may make to a primary airport sponsor for any fiscal year. Reduces from 50 percent to 38 percent the ratio which such apportionments bear to the amounts authorized for obligation for the airport improvement program. Specifies the distributions which shall be set aside for cargo hub airports. Extends apportionments to States from FY 1987 to FY 1990. Sets forth cargo hub airport calculations for purposes of determining pro-rata fiscal year apportionments. Sets forth a sum certain which shall be annually apportioned to each primary reliever airport. Increases from eight percent to ten percent the funds which may be obligated for airport noise compatibility planning. Decreases from 5.5 percent to two percent the funds which may be distributed to commercial service and public airports. Sets forth a minimum threshold which shall be made available for distribution to primary and reliever airports for facilities expansion.

Sets forth conditions under which the Secretary may approve a project grant and reimburse a sponsor for airport development already accomplished by such sponsor at a primary or reliever airport. Repeals the limit placed upon the Federal share of terminal development project costs.

Directs the Secretary to promulgate final regulations regarding the airport grant program no later than one year after the date of enactment of this Act.

Authorizes appropriations until FY 1990 for the Explosive Detection K-9 Team Training Program.

Amends the Airport and Airway Improvement Act of 1982 to deny the use of funds provided under such Act for projects using products or services of foreign countries which are listed by the United States Trade Representative (USTR) as not offering reciprocal opportunities for American firms.

Requires the USTR to: (1) determine whether each foreign country denies fair and equitable market opportunities for U.S. products and supplies in procurement, or fair and equitable market opportunities for U.S. bidders, for construction projects that cost more than $500,000 and are funded by the government of such foreign country; and (2) maintain and publish annually a list of countries for which an affirmative determination is made.

Allows an exception to such a denial of funds if the Secretary of Transportation determines: (1) the denial of funds would not be in the public interest; (2) products of the same class or kind are not produced or offered in the United States or in any foreign country not listed by the USTR in sufficient and reasonably available quantities and of a satisfactory quality; or (3) exclusion of such product or service from the project would increase the cost of the overall project contract by more than 20 percent.

Applies certain selection procedures under the Federal Property and Administrative Services Act of 1949 to contracts for aviation engineering and design services. States that such procedures shall apply except to the extent that a State adopts a formal statutory procedure for the procurement of such services.

Requires the Secretary to: (1) promulgate regulations to implement a State block grant program pilot program according to prescribed guidelines; and (2) report to the Congress the results of the Secretary's review of such pilot program.

Directs the Secretary to make permanent the low activity (VFR) Level I air traffic control tower contract program.

Directs the Federal Aviation Administration to hire an additional 1,000 air traffic controllers by September 30, 1988.

Expresses the intent of the Congress that the Secretary's authority to make certain noise compatibility program grants shall continue until such programs are fully implemented. Cites conditions under which such grants may continue to be made.

Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration to complete development of the collision avoidance system known as TCAS-II so that it will be operable under visual and instrument flight rules and will be upgradable to the performance standards applicable to the collision avoidance system known as TCAS-III.

Requires the Administrator to: (1) implement a development and certification schedule resulting within 18 months after the date of enactment of this Act in the completion of TCAS-II certification; (2) report monthly to the Congress on TCAS-II development and certification; and (3) require that civil aircraft with a maximum passenger capacity of more than 20 seats have an operational TCAS-II within 30 months after the certification of such system.

Directs the Secretary of Transportation to promulgate a final rule requiring the installation of operating transponders with automatic altitude reporting capability for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft.

Authorizes the Secretary to provide access to certain airspace by non-equipped aircraft if such aircraft will not interfere with normal traffic flow.

Mandates that operating transponders be used within 24 months after the date of enactment of this Act.

Requires the Administrator to complete as soon as possible research, development, and certification of the TCAS-III collision avoidance system.

Releases the City of Laredo, Texas, from specified property conveyance restrictions applicable to certain nonaviation property of the Laredo International Airport. Grants such release subject to specified conditions.

Requires the Secretary to study and report to the Congress any air traffic control methods which might be utilized at the Grand Canyon Airport, including the feasibility of radar installation.

Authorizes the Secretary to release: (1) the city and county of Denver, Colorado, from the terms conveyed in each deed of conveyance under which the United States conveyed property containing portions of Stapleton International Airport; and (2) such airport sponsor from any assurances made for a grant for a certain project at such airport. Cites conditions for the granting of such release.

Authorizes the use of certain airport grant funds made available to the State of Hawaii to acquire certain properties of the U.S. General Services Administration Facility Site (or to reimburse the State for such acquisitions). Authorizes the Secretary to grant releases from certain property conveyance restrictions under which the United States conveyed property to the State of Hawaii for airport purposes. Cites conditions for such release.

Designates the Federal Aviation Administration flight service station in Juneau, Alaska, as the "Dave Scheytt Flight Service Station".

Small Community Air Service Improvement Act of 1987 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to pay compensation to air carriers to assure that: (1) each eligible point (small community) receives basic air service; (2) each new eligible point receives air service of a type and quality specified by a State or local government that pays half the additional compensation needed; and (3) each eligible point receives enhanced service of a type and quality specified by a State or local government if such entities agree to provide 50 percent of such transportation costs. Directs the Secretary to enter into contracts with air carriers to provide air transportation to and from a hub to major destinations beyond such hub when it is necessary to meet basic air service requirements.

Requires the Secretary, when selecting air carriers, to give particular weight to a carrier's demonstrated reliability in providing scheduled air transportation, and to the contractual arrangements the carrier has made with other air carriers to assure services beyond the hub. Requires such contract to reflect the preferences of actual and potential users at the eligible point.

Sets forth circumstances under which an air carrier may suspend air transportation to an eligible point. Mandates that air transportation service contracts require: (1) the contracting air carrier to continue to provide such service beyond the termination date if, despite diligent efforts, the Secretary has not entered into a contract with another carrier to provide such service; and (2) the Secretary to compensate the carrier for such service (including the demonstrable cost of opportunities foregone as a result of the requirement to provide such service).

Terminates the small community air service program after October 1, 1988. Authorizes appropriations for FY 1988 and each of the next following nine fiscal years.

Directs the Secretary to make grants available for minimum facility and safety improvements for public airports (other than commercial service airports).

Directs the Administrator of the Federal Aviation Administration to conduct and report to the Congress the results of a study regarding noise abatement proposals under consideration by airport operators and local governments in order to identify those proposals which should be made eligible for Federal assistance.

States that the Sierra Blanca Regional Airport (Ruidoso, New Mexico), is considered to have scheduled commuter service with at least a 30 passenger aircraft for purposes of such airport's eligibility for Federal airport development assistance for fire protection under the Airport and Airway Improvement Act of 1982. States that for purposes of such Act the municipal airport of Dermott, Arkansas, shall not be denied eligibility for Federal assistance if it is located on specified leased acreage.

Amends the National Driver Register Act of 1982 to authorize airman's certificate applicants to request the chief State driver licensing official to transmit to the Federal Aviation Administration Administrator information regarding such applicants' motor vehicle driving records.

Prescribes the uses of such information by the Administrator. Precludes access to information that was entered more than three years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.

Directs the Secretary to initiate a supplementary rulemaking requiring the use of cockpit voice and flight data recorders on commuter aircraft in accordance with National Transportation Safety Board recommendations.

Federal Aviation Act of 1958 Amendments Act - Amends the Federal Aviation Act of 1958 to increase from $1,000 to $10,000 the civil penalty for certain safety violations of such Act or of its regulations by persons operating aircraft for the carriage of persons or property for compensation or hire.

Authorizes the FAA Administrator to assess a specified maximum civil penalty for safety rule infractions under the Act. Provides for collection of such penalties through U.S. district courts. Terminates the civil penalty assessment program two years after the date of enactment of this Act. Requires the Administrator to report to the Congress regarding the efficacy of such program. Establishes criminal penalties for the unauthorized entry into secured aircraft or airport areas.

Empowers the Administrator to indemnify FAA personnel for claims arising out of the performance of duties.

Modifies the definition of public aircraft to include more police and fire units aircraft within the purview of FAA safety regulations. Amends the Independent Safety Board Act of 1974 to require the National Transportation Safety Board to promulgate reporting requirements for accidents and aviation incidents involving public aircraft (other than military aircraft or that of the Intelligence Agencies). Requires the Board to report to the Congress regarding its findings on public aircraft accidents and incidents.

Amends the Airport and Airway Improvement Act of 1982 to prohibit the Federal Aviation Administration from conveying any property interest to any operator of the Atlantic City Airport, Pomona, New Jersey, and to preclude the availability of funds to any such operator for airport improvements, until certain planning and operating conditions have been met. Exempts safety considerations from such funding limitation.

Requires the Secretary to promulgate regulations regarding: (1) airport control tower installation criteria; (2) the use of life preservers, life rafts and flotation devices; (3) improved crashworthiness standards for air carrier aircraft seats; (4) improved flammability standards for air carrier interior cabins; and (5) aircraft design and equipment including fuel tanks and the fuel system. Requires the Secretary to report to the Congress regarding such regulatory oversight of air carrier maintenance and safety-related procedures.

Title II: Amendments to the Internal Revenue Code of 1986 - Airport and Airway Revenue Act of 1987 - Amends the Internal Revenue Code to provide a four-year extension of certain aviation-related excise taxes pertaining to: (1) air transportation of persons; (2) noncommercial aviation fuels; and (3) air transportation of property. Provides for a reduction of such taxes in 1991 if the unobligated balance in the Airport and Airway Trust Fund exceeds a certain amount as of September 30, 1990. Exempts certain helicopters from a tax on air transportation of persons.