U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART B— AIRPORT DEVELOPMENT AND NOISE › Chapter CHAPTER 471— AIRPORT DEVELOPMENT › Subchapter SUBCHAPTER I— AIRPORT IMPROVEMENT

49 U.S.C. § 47122

Administrative

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(a)General.—The Secretary of Transportation may take action the Secretary considers necessary to carry out this subchapter, including conducting investigations and public hearings, prescribing regulations and procedures, and issuing orders.(b)Conducting Investigations and Public Hearings.—In conducting an investigation or public hearing under this subchapter, the Secretary has the same authority the Secretary has under section 46104 of this title. An action of the Secretary in exercising that authority is governed by the procedures specified in section 46104 and shall be enforced as provided in section 46104.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1275.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

47122(a)

49 App.:2218(a).

Sept. 3, 1982, Pub. L. 97–248, § 519(a), 96 Stat. 694; Dec. 30, 1987, Pub. L. 100–223, § 112(1), 101 Stat. 1504.

47122(b)

49 App.:1354(c) (related to Airport and Airway Improvement Act of 1982).

Aug. 23, 1958, Pub. L. 85–726, § 313(c) (related to Airport and Airway Improvement Act of 1982), 72 Stat. 753; Sept. 3, 1982, Pub. L. 97–248, § 524(a)(2), 96 Stat. 696.

Subsection (a) is substituted for 49 App.:2218(a) to eliminate unnecessary words.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2001–2026 · leading case: Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016).
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Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016). “See 49 U.S.C. § 47122 ; 14 C.F.R. §§ 16.1 (a)(5), 16.”
Arapahoe Cnty. Pub. Airport Auth. v. Fed. Aviation Admin., 242 F.3d 1213 (10th Cir. 2001). “See 49 U.S.C. § 47122 . If given preclusive effect, state court rulings favoring local airport authorities in actions tangentially involving federal grant assurances would further lead to inconsistent enforcement of the federally mandated assurances, potentially jeopardizing the…”
BMI Salvage Corp. v. Fed. Aviation Admin., 272 F. App'x 842 (11th Cir. 2008). “See 49 U.S.C. § 47122 (West 2008). In this case, Appellant alleges that the County has violated Federal Grant Assurance 22 (Economic Nondiscrimination), which provides that the County must make the Airport available “for public use on reasonable terms, and without unjust…”
Friends of the East Hampton Airport, Inc. v. Town of East Hampton, 152 F. Supp. 3d 90 (E.D.N.Y 2015). “” 49 U.S.C. § 47122 (a). Based on all of these elements of the AAIA, which place the responsibility of Grant Assurance compliance squarely with the Secretary, the- Court finds that Congress at least implicitly precluded federal courts from exercising equity jurisdiction 'to…”
BMI Salvage Corp. v. Fed. Aviation Admin., 488 F. App'x 341 (11th Cir. 2012). “, 49 U.S.C. § 47122 (a) ("The Secretary of Transportation may take action .”
Ricks v. City of Winona, 858 F. Supp. 2d 682 (N.D. Miss. 2012). “See 49 U.S.C. § 47122 . Importantly, Plaintiff has conceded he has no evidence that the FAA pursued any action against Defendants for any alleged FAA violations.”
MSP Small Bus. Concessions All. v. Metro. Airports Comm'n (D. Minn. 2025). “§ 47111 (d), and 49 U.S.C. § 47122 ). Compliance audits are also available to the FAA.”
ModernWest Longmont, LLC v. FAA (D.C. Cir. 2026). “1 ; see also 49 U.S.C. § 47122 (a). Part 16 proceedings can result in penalties for noncompliance, such as suspending grant payments, terminating grant eligibility, or mandating corrective action.”
BMI Salvage Corp. v. Fed. Aviation Admin. (11th Cir. 2012). “, 49 U.S.C. § 47122 (a) (“The Secretary of Transportation may take action .”
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