I

106TH CONGRESS

1ST SESSION H. R. 729

To provide for development and implementation of certain plans to reduce

risks to the public health and welfare caused by helicopter operations.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 11, 1999

Mrs. MALONEY of New York (for herself, Mr. TOWNS, Mr. NADLER, and Mr.

BERMAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To provide for development and implementation of certain

plans to reduce risks to the public health and welfare

caused by helicopter operations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Helicopter Noise Con5 trol and Safety Act’’.

6 SEC. 2. DEFINITIONS.

7 For the purposes of this Act, the following definitions

8 apply:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal

3 Aviation Administration.

4 (2) HELICOPTER OPERATIONS.—The term ‘‘hel5 icopter operations’’ means any function which is rea6 sonably related to helicopter traffic, including heli7 copter takeoffs, landings, and overflights.

8 SEC. 3. PLAN.

9 (a) IN GENERAL.—If the Administrator determines,

10 independently or after review of a study submitted under

11 section 4, that helicopter operations pose a risk to the pub12 lic health and welfare in a county or municipality with a

13 population of more than 500,000, the Administrator shall

14 develop and implement a plan, in accordance with this Act,

15 to reduce that risk.

16 (b) REQUIREMENTS.—A plan implemented pursuant

17 to this Act must—

18 (1) be related to the risk documented by the

19 Administrator or by a study submitted under section

20 4;

21 (2) reduce the documented risk in a reasonable

22 way;

23 (3) not adversely affect aviation safety; and
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1 (4) be technologically practicable and appro2 priate for the particular type of aircraft and aircraft

3 operation to which it will apply.

4 (c) OPTIONS.—A plan implemented pursuant to this

5 Act may—

6 (1) include curfew restrictions on the number

7 and time of helicopter operations;

8 (2) include restrictions on the daily number of

9 helicopter flights, including different restrictions for

10 weekday and weekend flights;

11 (3) include restrictions on the type of helicopter

12 used;

13 (4) relate to a particular heliport or heliports,

14 or to helicopter operations within the city generally;

15 (5) include exceptions necessary for helicopter

16 operations relating to administrative, emergency,

17 media, and military operations; and

18 (6) include any other restrictions on helicopter

19 operations that may be necessary to protect public

20 health and welfare.

21 SEC. 4. SUBMISSION OF PLAN; REVIEW; PUBLIC COMMENT;

22 APPROVAL.

23 (a) SUBMISSION.—A city, State, governmental sub24 division, agency, or instrumentality, or a person respon25 sible for the operation of a heliport may request that the
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1 Administrator implement a plan pursuant to this Act by

2 submitting to the Administrator—

3 (1) a study demonstrating that noise or safety

4 conditions, or both, resulting from helicopter oper5 ations pose a risk to the public health and welfare

6 of a county or municipality with a population of

7 more than 500,000; and

8 (2) a plan to reduce the risk documented by the

9 study submitted under paragraph (1).

10 (b) REVIEW.—Not more than 60 days after receipt

11 of a plan and study submitted under subsection (a), the

12 Administrator shall complete a review of such plan and

13 make any modifications necessary to ensure that such plan

14 is in accordance with section 3.

15 (c) PUBLIC COMMENT.—Not more than 60 days after

16 the Administrator has completed a review and, if nec17 essary, modifications of a plan submitted under subsection

18 (a)(2), or after development of a plan based upon inde19 pendent study by the Administrator, the Administrator

20 shall—

21 (1) issue public notice which includes a draft of

22 the plan;

23 (2) make copies of the plan and the supporting

24 study available at the appropriate regional offices of

25 the Federal Aviation Administration; and
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1 (3) allow 90 days for public comment on the

2 plan.

3 (d) APPROVAL AND IMPLEMENTATION.—Not less

4 than 60 days after the expiration of the period for public

5 comment provided under subsection (c)(3), Administrator

6 shall implement a plan which—

7 (1) is in accordance with section 3; and

8 (2) takes into consideration any public com9 ments on the plan.

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